Virginia Release of Judgment Lien

State:
Multi-State
Control #:
US-OG-120
Format:
Word; 
Rich Text
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Description

If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.

Title: Understanding the Virginia Release of Judgment Lien: Types and Procedure Introduction: A release of judgment lien is an essential legal process that allows a judgment creditor to remove the lien placed on a debtor's property after the judgment debt has been satisfied. In Virginia, this process is governed by specific laws and requires proper documentation and procedures to be followed. In this article, we will delve into the details of the Virginia Release of Judgment Lien, exploring its purpose, types, and the steps involved. Keywords: Virginia Release of Judgment Lien, judgment lien satisfaction, judgment creditor, judgment debtor, lien removal, legal process, Virginia lien release procedure. Types of Virginia Release of Judgment Lien: 1. Voluntary Release of Judgment Lien: — This type occurs when a judgment creditor intentionally releases the lien on the debtor's property. It may be done for various reasons, such as receiving full payment or negotiating a settlement outside the court. 2. Release Based on Satisfaction of Judgment: — When a judgment debtor pays the entire judgment amount to the creditor or fulfills a court-approved repayment plan, the creditor may choose to release the lien. This type involves providing proof of payment or satisfaction of the judgment to the court. 3. Release by Court Order: — In certain scenarios, a court may order the release of a judgment lien. This can occur if the debt has been discharged in bankruptcy, the judgment is determined to be invalid, or if there are procedural errors in the original judgment. Procedure for Virginia Release of Judgment Lien: 1. Gather Documentation: — The judgment creditor must obtain the original judgment, copies of satisfaction certificates (if applicable), and any other relevant court orders or filings related to the judgment. These documents will be necessary to complete the release process. 2. Prepare a Lien Release Form: — The judgment creditor should prepare a Virginia Release of Judgment Lien form. This document must include details such as the judgment creditor and debtor's information, the court in which the judgment was entered, the judgment amount, and the property description. 3. Notarize the Release Form: — The completed release form should be notarized by a public notary to certify its authenticity. 4. File the Release Form with the Appropriate Entity: — Depending on the type of property (real estate, personal property, or motor vehicle), the judgment creditor must file the release form with the relevant entity, such as the Circuit Court Clerk's Office, the Virginia Department of Motor Vehicles, or the appropriate county or city recorder's office. 5. Pay Filing Fees: — Some entities may require payment of fees for filing the release form. Confirm the applicable fees and ensure they are paid accordingly. 6. Provide Copies to the Debtor: — The judgment creditor should furnish the judgment debtor with copies of the release form to acknowledge and provide proof of the lien release. Conclusion: The Virginia Release of Judgment Lien process plays a crucial role in releasing liens placed on a debtor's property once the judgment debt has been satisfied. Understanding the various types of lien release and following the correct procedures are essential for both creditors and debtors involved in the judgment process. By adhering to the specific requirements and fulfilling the necessary documentation, individuals can ensure a smooth and efficient lien release in the state of Virginia. Keywords: Virginia Release of Judgment Lien, judgment creditor, judgment debtor, voluntary release, satisfaction of judgment, court order, legal process, documentation, notarize, filing fees, property description.

How to fill out Virginia Release Of Judgment Lien?

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FAQ

You will also need to provide evidence (such as receipts and cancelled checks) showing that the lien has been paid in full, a notarized statement that you have made final payment on the lien, along with returned certified mail addressed to the lender requesting a lien release for your vehicle.

The Virginia Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

Specify the property or asset that was subject to the lien. Include details such as the address, make and model (if applicable), and any other relevant identifying information. Clearly state the reason for the lien release. This could be due to payment in full, a change in ownership, or any other applicable reason.

Virginia has no requirement that a lien waiver must be notarized. However, if your contract requires a notarized waiver in exchange payment, then the terms of contract apply.

Upon satisfaction of a judgment, creditor must file a release of judgment (Virginia Code § 8.01-454). Creditor or their legal representative shall draft a satisfaction or complete CC-1463/Authorization for Entry of Satisfaction of Judgment and /or Release of Judgment Lien (PDF).

Judgment Liens: State Va. Code §8.01-458 and 8.01-251 Expire 20 years from date entered, and may be renewed for an additional 20 years *** If real estate has been conveyed to a BFP, the lien is unenforceable 10 years after date of transfer. Known as ?10 year out of title? rule.

Satisfaction and release is the formal paperwork stating that a consumer has paid the full amount owed under a court judgment. A satisfaction and release proves that they have paid their debt and prevents creditors from trying to recover more money from them.

When you pay off your vehicle loan, the lender has 10 days to notify you and must send you the title showing your lien as satisfied. Most lenders participate in DMV's electronic lien program and will ?release? the lien automatically, which triggers DMV to mail you a new title to your address listed in DMV records.

More info

Pursuant to Va. Code § 8.01-453, the undersigned directs that the clerk of the court referenced in item number 3 shall enter the satisfaction, as shown ... The court on whose judgment lien docket the lien is to be released is: ... SUPREME COURT OF VIRGINIA. Form CC-1463 Revised 07/16. Using This Form. 1. Copies a ...The undersigned will release only the property from the judgment lien described in this notice unless, within 30 days from the date of notice, the lien creditor ... In such affidavit, such owner shall attest that he has exercised due diligence to locate the creditor and obtain a payoff amount, if the judgment is outstanding ... Judgment Release Recording. Free of charge; Upon satisfaction of a judgment, creditor must file a release of judgment (Virginia Code § 8.01-454). When paid make sure they are released of record. Condominium Association Dues lien. Va. Code §55-79.84. File within 90 days of due date. Bring suit to ... To docket or release a judgment by mail, mail the judgment or release to the Fairfax Circuit Court, Judgment Department, 4110 Chain Bridge Road, Suite 317, ... To perfect the lien, an association must file it in the clerk's office of the circuit court in the county or city where the HOA is located. A principal officer ... Forms for Authorization for Partial or Full Release of Judgment Lien are available from the judgment clerks in Land Records or may be downloaded from the ... Jun 6, 2021 — A settlement agent or title insurance company intending to release a judgment lien must deliver to the lien creditor by certified mail or ...

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Virginia Release of Judgment Lien