Virginia Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits Identified in Seller's Files

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This form is used for liens and mortagages.

Virginia Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits Identified in Seller's Files: When it comes to conducting due diligence on any property transaction, understanding the various liens, mortgages, deeds of trust, UCC statements, bankruptcies, and lawsuits identified in the seller's files is crucial. These documents provide vital information about the financial health and legal standing of the property being sold. Let's delve into each of these categories in detail: 1. Virginia Liens: Virginia liens encompass a broad spectrum of legal claims against a property that serve as security for a debt or obligation. These can include tax liens, mechanic's liens, judgment liens, or liens arising from unpaid homeowners' association fees or certain types of court orders. 2. Mortgages/Deeds of Trust: Mortgages and deeds of trust are documents that create a legal obligation for the borrower to repay a loan used to purchase or refinance the property. The mortgage serves as a lien on the property, while the deed of trust enables foreclosure proceedings in the event of default. 3. UCC Statements: UCC (Uniform Commercial Code) statements pertain to personal property and are typically filed to secure a creditor's interest in collateral provided as security for a loan. These statements are filed with the Virginia Secretary of State and can highlight any outstanding obligations related to business loans or equipment leases, for instance. 4. Bankruptcies: Bankruptcy filings reflect the financial struggles of an individual or business, indicating the inability to repay debts. Sellers' files may contain bankruptcy records such as Chapter 7 (liquidation), Chapter 11 (reorganization), or Chapter 13 (individual repayment plan). Information regarding bankruptcy can help assess the potential impacts on the property's ownership or the seller's ability to deliver clear title. 5. Lawsuits: Lawsuits, if identified in the seller's files, refer to any legal actions or disputes involving the property. These proceedings may involve issues such as property disputes, construction defects, eminent domain, foreclosure, or zoning conflicts. Understanding ongoing or resolved lawsuits is essential for assessing potential risks and liabilities associated with the property. Different types of Virginia Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits that may be identified in seller's files can include: — Tax liens (federal, state, or local— - Mechanics' liens (for unpaid contractors or suppliers) — Judgment liens (resulting from legal judgments) — HOA liens (unpaihomeowners'rs association fees) — First mortgage— - Second mortgages (including home equity loans) — Deeds of trust (instrument conveying legal title) — Financing statements (UCC-1) securing interests in personal property — Chapter 7 bankruptcies (liquidation— - Chapter 11 bankruptcies (reorganization) — Chapter 13 bankruptcies (individual repayment plans) — Pending or resolved lawsuits relating to property or ownership disputes — Eminent domain cases impacting the property — Foreclosure action— - Zoning or environmental litigation Ensuring a thorough review of these documents helps buyers, title companies, or other stakeholders assess any potential risks, legal burdens, or encumbrances tied to the property.

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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.

How does a creditor go about getting a judgment lien in Virginia? To attach the lien, the creditor records the judgment on the county recorder's lien docket in any Virginia county where the debtor owns property now or may own property in the future.

No execution shall be issued and no action brought on a judgment dated on or after July 1, 2021, including a judgment in favor of the Commonwealth and a judgment rendered in another state or country, after 10 years from the date of such judgment or domestication of such judgment, unless the period is extended as ...

How do I get rid of a UCC filing? You can remove a UCC filing when you've repaid your business loan in full. Once you repay the debt, the lender should remove the lien from your business assets. If not, you may request that the lender files a UCC-3 to terminate the lien.

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.

(Financial Statement) Filings. Financing statements are filed in the Circuit Court Clerk's Office (Room 300) to perfect a security interest against a debtor in favor of a secured party if collateral is oil, gas or mineral, timber to be cut, or a fixture filing.

A judgment-creditor may ask the court for these things to help collect a judgment. Summons to answer debtor interrogatories. Garnishment of your income. Levy (or attachment) to sell your personal property.

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The lender will record the Deed of Trust or Mortgage document in the public records with the appropriate agency in the county where the property is located. You may need to look at the bankruptcy documents to see that the lien was listed as a debt to be discharged. ... Deed of Trust (mortgage). Va. Code §8.01-241. Va.27 Jan 2022 — What type of UCC filings can be made online? Use CIS to file Initial Financing Statements (UCC-1) and Financing Statement Amendments (UCC-3), ... This article will provide a detailed description of various types of liens, mortgages/deeds of trust, UCC statements, bankruptcies, and lawsuits that can be ... by D Rendleman · 2016 · Cited by 2 — The deed of trust is a mortgage instrument, in which the property used to secure a loan is transferred to a third-party trustee to be held as security for the ... 8 Nov 2021 — This type of filing would be filed where the real property is located/the local filing office. File a record of mortgage: A fixture can also be ... This personal property is being used as collateral in some type of secured transaction, usually a loan or a lease. Who should file a UCC-1 financing statement? by M Schwartz · 2013 — party: the original statement must be identified by file number and a ... A chattel deed of trust was recorded in West Virginia in connection with the ... There are four basic methods for perfecting a security interest under the UCC. First, and most common, is the filing of a properly completed financing statement ... This website is maintained by CTAS staff and seeks to represent the most current information regarding issues relative to. Tennessee county government. We hope ...

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Virginia Liens, Mortgages/Deeds of Trust, UCC Statements, Bankruptcies, and Lawsuits Identified in Seller's Files