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Property OwnershipRecording_requirementsMEDIUM

During a title examination for a property in Virginia Beach, a title examiner discovers a judgment lien entered against the current seller five years ago in the circuit court. The seller claims the judgment has been paid. Which action is required to remove this judgment lien from the property's title record?

Correct Answer

D) The judgment creditor must file a satisfaction of judgment in the circuit court clerk's office where the judgment was docketed

Under Virginia law, a judgment lien on real property is created when the judgment is docketed in the circuit court clerk's office of the jurisdiction where the property is located (Va. Code § 8.01-458). To release the lien from the public record, the judgment creditor must file a satisfaction of judgment (or the court may enter an order of satisfaction) in the same circuit court clerk's office where the judgment was docketed. Only a recorded satisfaction removes the lien from the title record and provides constructive notice of its release.

Answer Options
A
The buyer's lender must escrow funds at closing to cover the potential judgment amount
B
The seller's attorney must send a letter to the title company confirming the payoff
C
The seller must provide the buyer with a written affidavit stating the judgment has been satisfied
D
The judgment creditor must file a satisfaction of judgment in the circuit court clerk's office where the judgment was docketed

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Related Topics & Key Terms

Key Terms:

judgment_liensatisfactionrecordingcircuit_courttitle_clearance

Related Concepts

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.

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