Difference between revisions of "Liens in Virginia"
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Davidjenkins (talk | contribs) (Created page with "==Liens== * Raise a requirement for any liens or pending lawsuits found in the Chain of Title: ** Civil Money Judgments become general liens on real property upon entry in the...") |
Davidjenkins (talk | contribs) (→District Court Judgments) |
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| + | ==Overview== | ||
| + | * Civil Money Judgments become general liens on real property upon entry in the court docket. | ||
* All ''in personam'' liens attach to after-acquired property in Virginia. | * All ''in personam'' liens attach to after-acquired property in Virginia. | ||
| − | + | ==Child Support Liens== | |
| − | + | Child Support Liens act as a lien for twenty (20) years. Although the obligation to pay never expires, the lien itself will. | |
| − | + | ==Civil Money Judgments== | |
| − | + | Civil Money Judgments become a general lien on real property upon entry of judgment in the docket. They act as a lien for twenty (20) years and may be revived indefinitely for additional periods of twenty (20) years. If a judgment is against a prior owner and more than ten (10) years have elapsed since the ''bona fide'' transfer of property from the prior owner, then the lien will expire. | |
| − | + | ===District Court Judgments=== | |
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| − | + | District Court Judgments do not constitute liens on real property in Virginia. The judgments entered in the District Court last for ten (10) years and must be filed at the Circuit Court level before they expire in order to become general liens on real estate. District Court judgments are typically filed at the Circuit Court level by filing an Abstract of Judgment. Once filed, the Abstract of Judgment creates a general lien on real property that expires after twenty (20) years. | |
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| − | + | ==Community Association Liens== | |
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| − | + | ==Construction/Mechanic's Liens== | |
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| − | + | See [[Construction Liens in Virginia]] | |
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| − | + | == Criminal Money Judgments== | |
| − | + | Criminal Money Judgment filed as an abstract of judgment in the Circuit Court act as a lien for twenty (20) years. [https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-251/] | |
| − | + | ==Federal Liens (non-FTL)== | |
| − | + | Federal Liens act as a lien for twenty (20) years. | |
| − | + | ==Federal Tax Liens== | |
| − | + | FTLs act as a lien for ten (10) years and thirty (30) days and may be revived. | |
| − | + | ==Financing Statements== | |
| − | + | ==Lis Pendens== | |
| − | + | ==Municipal Liens== | |
| − | + | ==Purchase Money Security Instruments== | |
| − | + | ==Security Instruments== | |
| − | + | Security Instruments that have not been foreclosed can be clear if the following time period has passed: | |
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* Ten (10) years from Date of Maturity unless extended by recorded Certificate of Extension. | * Ten (10) years from Date of Maturity unless extended by recorded Certificate of Extension. | ||
* Twenty (20) years from Date of Maturity if extended by a recorded Certificate of Extension. | * Twenty (20) years from Date of Maturity if extended by a recorded Certificate of Extension. | ||
* Forty (40) years from Date of Execution if Date of Maturity is not stated. | * Forty (40) years from Date of Execution if Date of Maturity is not stated. | ||
| − | + | ==State Tax Liens== | |
| − | + | STLs act as a lien for twenty (20) years. | |
| − | + | == Other== | |
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Latest revision as of 06:28, 20 August 2019
Contents
- 1 Overview
- 2 Child Support Liens
- 3 Civil Money Judgments
- 4 Community Association Liens
- 5 Construction/Mechanic's Liens
- 6 Criminal Money Judgments
- 7 Federal Liens (non-FTL)
- 8 Federal Tax Liens
- 9 Financing Statements
- 10 Lis Pendens
- 11 Municipal Liens
- 12 Purchase Money Security Instruments
- 13 Security Instruments
- 14 State Tax Liens
- 15 Other
Overview
- Civil Money Judgments become general liens on real property upon entry in the court docket.
- All in personam liens attach to after-acquired property in Virginia.
Child Support Liens
Child Support Liens act as a lien for twenty (20) years. Although the obligation to pay never expires, the lien itself will.
Civil Money Judgments
Civil Money Judgments become a general lien on real property upon entry of judgment in the docket. They act as a lien for twenty (20) years and may be revived indefinitely for additional periods of twenty (20) years. If a judgment is against a prior owner and more than ten (10) years have elapsed since the bona fide transfer of property from the prior owner, then the lien will expire.
District Court Judgments
District Court Judgments do not constitute liens on real property in Virginia. The judgments entered in the District Court last for ten (10) years and must be filed at the Circuit Court level before they expire in order to become general liens on real estate. District Court judgments are typically filed at the Circuit Court level by filing an Abstract of Judgment. Once filed, the Abstract of Judgment creates a general lien on real property that expires after twenty (20) years.
Community Association Liens
Construction/Mechanic's Liens
See Construction Liens in Virginia
Criminal Money Judgments
Criminal Money Judgment filed as an abstract of judgment in the Circuit Court act as a lien for twenty (20) years. [1]
Federal Liens (non-FTL)
Federal Liens act as a lien for twenty (20) years.
Federal Tax Liens
FTLs act as a lien for ten (10) years and thirty (30) days and may be revived.
Financing Statements
Lis Pendens
Municipal Liens
Purchase Money Security Instruments
Security Instruments
Security Instruments that have not been foreclosed can be clear if the following time period has passed:
- Ten (10) years from Date of Maturity unless extended by recorded Certificate of Extension.
- Twenty (20) years from Date of Maturity if extended by a recorded Certificate of Extension.
- Forty (40) years from Date of Execution if Date of Maturity is not stated.
State Tax Liens
STLs act as a lien for twenty (20) years.
Other
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