reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-341. Partial satisfaction

It is lawful for any lien creditor to record a certificate of partial satisfaction of any one or more of the separate pieces or parcels of property covered by such lien. It shall also be lawful for any such creditor to record a certificate of partial satisfaction of any part of the real estate covered by such lien if a plat of such part or a deed of such part is recorded in the clerk's office and a cross-reference is made in the certificate of partial satisfaction to the book and page where the plat or deed of such part is recorded. Such certificate of partial satisfaction may be accomplished in manner and form prescribed in this chapter for making certificates of satisfaction, except that the creditor, or his duly authorized agent, shall make an affidavit to the clerk or in such certificate that such creditor is at the time of making such satisfaction the legal holder of the obligation, note, bond, or other evidence of debt, secured by such lien, and when made in conformity with the provisions of this chapter such partial satisfaction shall be as valid and binding as a proper release deed duly executed for the same purpose.
Any and all partial marginal releases made prior to July 1, 1966, in any county or city of the Commonwealth, in conformity with the provisions of this chapter, either of one or more separate pieces or parcels of real estate or any part of the real estate covered by such lien, or as to one or more of the obligations secured by any such lien, or as to all of the real estate covered by such lien instrument, are hereby validated and declared to be binding upon all parties in interest, but this provision shall not be construed as intended to disturb or impair any vested right.
Code 1919, § 6456; 1930, p. 70; 1932, p. 121; 1944, p. 199; Code 1950, § 55-66.4; 1952, c. 469; 1966, c. 505; 1975, c. 469; 1977, c. 141; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-342. Permissible form for certificate of satisfaction or certificate of partial satisfaction

Any release by a certificate of satisfaction or certificate of partial satisfaction shall be in conformity with §§ 55.1-339, 55.1-340, and 55.1-341 and shall conform substantially with the following Certificate of Satisfaction or Certificate of Partial Satisfaction forms:
CERTIFICATE OF SATISFACTION
Place of Record ____________
Date of Note/Deed of Trust ____________
Face Amount Secured/Face Amount of Note: ____________
Deed Book ______ Page ____
Name(s) of Grantor(s)/Maker(s); ____________
Name(s) of Trustee(s) ____________
Face Amount of Note(s) $______
I/we, holder(s) of the above-mentioned note(s) secured by the above-mentioned deed of trust, do hereby certify that the same has/have been paid in full, and the lien therein created and retained is hereby released.
GIVEN UNDER MY/OUR HAND(S) THIS ______ DAY OF ________, 20__.
________________
________________
(NOTE HOLDERS)
Commonwealth of Virginia,
County/City of ____________ to wit:
Subscribed, sworn to, and acknowledged before me by ____________ this ______ day of ______, 20__.
My Commission Expires: ____________
________________
NOTARY PUBLIC
Notary Registration Number: ____________
VIRGINIA;
IN THE CLERK'S OFFICE OF THE CIRCUIT COURT
This certificate was presented, and with the Certificate annexed, admitted to record on ________ at ____ o'clock _.m.
Clerk's fees: $______ have been paid.
Attest: ________, Deputy Clerk
CERTIFICATE OF PARTIAL SATISFACTION
Place of Record ________________
Date of Deed of Trust _
Deed Book ______ Page ____
Name(s) of Grantor(s) ________________
Name(s) of Trustee(s) ________________
Maker(s) of Note(s) ________________
Date of Note(s) ________________
Face Amount of Note(s) $________
The lien of the above-mentioned deed of trust securing the above-mentioned note is released insofar as the same is applicable to ____________ (description of property) recorded in deed book ________ at page ____ in the clerk's office of this court. The undersigned is/are the legal holder(s) of the obligation, note, bond, or other evidence of debt secured by said deed of trust.
Given under my/our hand(s) this ________ day of ________, 20__.
________________
________________
(NOTE HOLDERS)
Commonwealth of Virginia,
County/City of ____________ to wit:
Subscribed, sworn to, and acknowledged before me by ____________ this ________ day of ________, 20__.
My Commission Expires: ____________
________________
NOTARY PUBLIC
Notary Registration Number: ____________
The clerk shall satisfy the requirements of § 17.1-228.
Certificates conforming to this section prior to the amendment effective July 1, 1984, shall be deemed to be in substantial conformity to this section.
1975, c. 469, § 55-66.4:1; 1977, c. 254; 1982, c. 420; 1983, c. 220; 1984, c. 376; 1990, c. 328; 1994, c. 929; 1995, c. 271; 1996, c. 949; 2014, c. 330; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-343. Where certificates of satisfaction are to be indexed

The clerk shall record a certificate of partial satisfaction or a certificate of satisfaction on the grantor index, both under the name of each grantor on the underlying deed of trust and under the name of the first-named trustee under which the deed of trust was indexed, all as identified on the certificate of satisfaction. The deed book and page number or the instrument number of the released deed of trust shall also be designated in the index. Any clerk using a separate index book or data file for grantees only shall also record in such book or file the name of each grantor on the underlying deed of trust as identified on the certificate of satisfaction.
1985, c. 245, § 55-66.4:2; 1986, c. 512; 1997, c. 579; 2002, c. 832; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-344. Releases made by court; costs and attorney fees

A. Any person who owns or has any interest in real estate or personal property on which an encumbrance as described in § 55.1-339 exists may, after 20 days' notice to the person entitled to such encumbrance, apply to the circuit court of the county or city in which such encumbrance is recorded to have the same released or discharged. Upon proof that the encumbrance has been paid or discharged or upon a finding by the court that more than 15 years have elapsed since the maturity of the lien or encumbrance, raising a presumption of payment that is not rebutted at the hearing, such court shall order the clerk to record a certificate of satisfaction or a certificate of partial satisfaction that, when so recorded, shall operate as a release of such encumbrance.
All releases made prior to June 24, 1944, by any court under this section upon such presumption of payment so arising and not rebutted shall be validated.
B. If the court finds that the person entitled to such encumbrance cannot with due diligence be located, and that notice has been given such person in the manner provided by § 8.01-319 or 55.1-348, or that tender has been made of the sum due thereon but has been refused for any reason by the party to whom due, the court may in its discretion order the sum due to be paid into court, to be there held as provided by law, and to be paid upon demand to the person entitled thereto. The court shall order the same to be recorded as provided in subsection A, and such certificate of satisfaction or certificate of partial satisfaction shall operate as a release of the encumbrance.
C. Upon a finding by the court that the holder of a mortgage or deed of trust that has been fully paid or discharged has unjustifiably and without good cause failed or refused to release such mortgage or deed of trust, the court may order that costs and reasonable attorney fees be paid to the petitioning party. This subsection shall not preclude a separate action by the petitioning party for actual damages sustained by reason of such failure or refusal to release the encumbrance.
Code 1919, § 6456; 1926, p. 81; 1930, p. 70; 1932, p. 121; 1944, p. 199; Code 1950, § 55-66.5; 1956, c. 426; 1975, c. 469; 1987, c. 604; 1992, c. 532; 1999, c. 66; 2006, c. 907; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-345. Recordation of certificate of satisfaction, etc., required when release of lien recorded

Whenever a release of a deed of trust or other obligation is recorded in the office of the clerk of any circuit court, such clerk shall record a certificate of satisfaction or certificate of partial satisfaction, stating that such deed or other obligation is released. The fee charged by the clerk for recording such release shall be paid by the lien debtor. Such certificate shall be indexed in the name of the grantors and grantees of the instrument being released. If any clerk fails for 10 days to do anything required of him by this section, he shall be liable for any damage that any person may sustain by reason of such failure.
Code 1919, § 3402; Code 1950, § 55-66.6; 1975, c. 469; 1979, c. 648; 1991, c. 414; 1993, c. 39; 2010, c. 352; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-346. Applicability

The procedure authorized by this article for the release of a security interest in real property using an automated electronic recording system may be used to effect the release of a security interest regardless of when the security interest was created, assigned, or satisfied by payment made by the settlement agent. The procedure authorized by this section for the release of a security interest shall constitute an optional method of accomplishing a release of a security interest secured by property in the Commonwealth.
2006, c. 907, § 55-66.8; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-347. Definitions

As used in this article, unless the context requires otherwise:
"Day" means calendar day.
"Document" means information that is:
1. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
2. Eligible to be recorded in the land records maintained by the clerk.
"Electronic," as defined in the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality or any other legal or commercial entity.
"Real property" means real property that is used for residential or nonresidential purposes.
"Recording data" means the date, and deed book and page number or instrument number, that indicates where a document is recorded in the land records of the clerk of the circuit court pursuant to Chapter 6 (§ 55.1-600 et seq.).
"Secured creditor" means a person that holds or is the beneficiary of a security interest or that is authorized both to receive payments on behalf of a person that holds a security interest in real property and to record a satisfaction of the security instrument upon receiving full performance of the secured obligation. "Secured creditor" does not include a trustee under a security instrument. "Secured creditor" also includes "lender" as used in Chapter 10 (§ 55.1-1000 et seq.) and "lien creditor" and "servicer" as defined in § 55.1-339.
"Secured obligation" means an obligation the payment or performance of which is secured by a security interest.
"Security instrument" means an agreement, however denominated, that creates or provides for a security interest, whether or not it also creates or provides for a lien on personal property.
"Security interest" means an interest in real property created by a security instrument, securing payment, or performance of an obligation and includes a mortgage or deed of trust.
"Sign" means, with present intent to authenticate, accept, or adopt a document:
1. To execute or adopt a tangible symbol; or
2. To attach to or logically associate with the document an electronic sound, symbol, or process.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
"Submit for recording" means to deliver, with required fees and taxes, a document sufficient to be recorded under this article to the office of the clerk of the circuit court pursuant to Chapter 6 (§ 55.1-600 et seq.).
2006, c. 907, § 55-66.9; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-348. Document of rescission; effect; liability for wrongful recording

A. As used in this section, "document of rescission" means a document stating that an identified satisfaction, certificate of satisfaction, or affidavit of satisfaction of a security instrument was recorded erroneously or fraudulently, the secured obligation remains unsatisfied, and the security instrument remains in force.
B. If a person records a satisfaction, certificate of satisfaction, or affidavit of satisfaction of a security instrument in error or by fraud, the person may execute and record a document of rescission. Upon recording, the document rescinds an erroneously recorded satisfaction, certificate, or affidavit.
C. A recorded document of rescission has no effect on the rights of a person who:
1. Acquired an interest in the real property described in a security instrument after the recording of the satisfaction, certificate of satisfaction, or affidavit of satisfaction of the security instrument and before the recording of the document of rescission; and
2. Would otherwise have priority over or take free of the lien created by the security instrument under the laws of the Commonwealth.
D. A person, other than the clerk of the circuit court or any of his employees or other governmental official in the course of the performance of his recordation duties, who erroneously, fraudulently, or wrongfully records a document of rescission is subject to liability under § 55.1-339.
2006, c. 907, § 55-66.10; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-349. Secured creditor to submit satisfaction for recording; liability for failure

A. A secured creditor shall submit for recording a satisfaction of a security instrument within 90 days after the creditor receives full payment or performance of the secured obligation in accordance with subsection B of § 55.1-339. If a security instrument secures a line of credit or future advances, the secured obligation is fully performed only if, in addition to full payment, the secured creditor has received a notification requesting the creditor to terminate the line of credit or containing a statement sufficient to terminate the effectiveness of the provision for future advances in the security instrument.
B. A secured creditor who is required to submit a satisfaction of a security instrument for recording and fails to do so by the end of the period specified in subsection A is subject to liability under § 55.1-339.
2006, c. 907, § 55-66.11; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-350. Form and effect of satisfaction

A. A document is sufficient to constitute a satisfaction of a security instrument if it conforms substantially in form and content to the requirements of § 55.1-342 and it:
1. Identifies the security instrument, the original parties to the security instrument, the recording data for the security instrument, and the office in which the security instrument is recorded;
2. States that the person signing the satisfaction is the secured creditor;
3. Contains a legal description of the real property identified in the security instrument, but only if a legal description is necessary for a satisfaction to be properly indexed; otherwise, the deed book and page number or instrument number is sufficient;
4. Contains language terminating the effectiveness of the security instrument; and
5. Is signed by the secured creditor and acknowledged as required by law for a conveyance of an interest in real property.
B. The clerk of the circuit court shall accept for recording a satisfaction document, unless:
1. An amount equal to or greater than the applicable recording fees and taxes is not tendered;
2. The document is submitted by a method or in a medium not authorized by the laws of the Commonwealth; or
3. The document is not signed by the secured creditor and acknowledged as required by law for a conveyance of an interest in real property.
2006, c. 907, § 55-66.12; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-351. Relation to Electronic Signatures in Global and National Commerce Act

To the extent permitted by law, this article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., except that nothing in this article modifies, limits, or supersedes §§ 7001(c) and 7004 of that Act or authorizes electronic delivery of any of the notices described in § 7003(b) of that Act.
2006, c. 907, § 55-66.13; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-352. Uniform standards

In consultation with the circuit court clerks, the Executive Secretary of the Supreme Court, and interested citizens and businesses, the Virginia Information Technologies Agency shall develop standards to implement electronic recording of real property documents. The Virginia Information Technologies Agency shall consider standards and practices of other jurisdictions, the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association, views of interested persons and other governmental entities, and needs of localities of varying sizes, population, and resources.
2005, c. 749, § 55-66.14; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-353. Effect of word "covenants."

When a deed uses the words "the said ________ covenants," such covenant shall have the same effect as if it were expressed to be by the covenantor, for himself and his heirs, personal representatives, and assigns and shall be deemed to be with the covenantee and his heirs, personal representatives, and assigns.
Code 1919, § 5170; Code 1950, § 55-67; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-354. Effect of covenant of general warranty

A covenant by the grantor in a deed "that he will warrant generally the property hereby conveyed" shall have the same effect as if the grantor had covenanted that he and his heirs and personal representatives will forever warrant and defend such property unto the grantee and his heirs, personal representatives, and assigns against the claims and demands of all persons.
Code 1919, § 5171; Code 1950, § 55-68; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-355. Covenant of special warranty

A covenant by any such grantor "that he will warrant specially the property hereby conveyed" shall have the same effect as if the grantor has covenanted that he and his heirs and personal representatives will forever warrant and defend such property unto the grantee and his heirs, personal representatives, and assigns against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him.
Code 1919, § 5172; Code 1950, § 55-69; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-356. Words "with general warranty," "with special warranty," and "with English covenants of title" construed

The words "with general warranty" in the granting part of any deed shall be deemed to be a covenant by the grantor "that he will warrant generally the property hereby conveyed." The words "with special warranty" in the granting part of any deed shall be deemed to be a covenant by the grantor "that he will warrant specially the property hereby conveyed."
The words "with English covenants of title" or words of similar import in the granting part of any deed shall be deemed to be an expression by the grantor of those covenants set out in §§ 55.1-359 through 55.1-362, and in addition thereto the covenant that he is seized in fee simple of the property conveyed.
Code 1919, § 5173; Code 1950, § 55-70; 1968, c. 257; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-359. Covenant of "right to convey."

A covenant by the grantor in a deed for land "that he has the right to convey the said land to the grantee" shall have the same effect as if the grantor had covenanted that he has good right, full power, and absolute authority to convey the land, with all the buildings thereon and the privileges and appurtenances thereto belonging, unto the grantee, in the manner in which the same is conveyed or intended so to be by the deed, and according to its true intent.
Code 1919, § 5174; Code 1950, § 55-71; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-360. Covenant for "quiet possession" and "free from all encumbrances."

A covenant by any such grantor "that the grantee shall have quiet possession of the said land" shall have as much effect as if he covenanted that the grantee and his heirs and assigns might, at any and all times thereafter, peaceably and quietly enter upon and have, hold, and enjoy the land conveyed by the deed, or intended so to be, with all the buildings thereon and the privileges and appurtenances thereto belonging, and receive and take the rents and profits thereof, to and for his and their use and benefit, without any eviction, interruption, suit, claim, or demand whatever. If to such covenant there be added "free from all encumbrances," these words shall have as much effect as the words "and that freely and absolutely acquitted, exonerated, and forever discharged, or otherwise by the said grantor or his heirs saved harmless and indemnified of, from, and against any and every charge and encumbrance whatever."
Code 1919, § 5175; Code 1950, § 55-72; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-361. Covenant for "further assurances."

A covenant by any such grantor "that he will execute such further assurances of the said lands as may be requisite" shall have the same effect as if he covenanted that he, the grantor, and his heirs or personal representative will at any time, upon any reasonable request, at the charge of the grantee and his heirs or assigns, do, execute, or cause to be done or executed all such further acts, deeds, and things for the better, more perfectly and absolutely conveying and assuring the said lands and premises thereby conveyed or intended so to be unto the grantee and his heirs and assigns in manner aforesaid, as by the grantee and his heirs or assigns and his or their attorney, shall be reasonably devised, advised, or required.
Code 1919, § 5176; Code 1950, § 55-73; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-362. Covenant of "no act to encumber."

A covenant by any such grantor "that he has done no act to encumber the said lands" shall have the same effect as if he covenanted that he had not done or executed, or knowingly suffered, any act, deed, or thing whereby the lands and premises conveyed, or intended so to be, or any part thereof, are or will be charged, affected, or encumbered in title, estate, or otherwise.
Code 1919, § 5177; Code 1950, § 55-74; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-363. Effect of certain words of release in a deed

Whenever any deed uses the words: "The said grantor (or the said ______) releases to the said grantee (or the said ______) all his claims upon the said lands," such deed shall be construed as if it set forth that the grantor (or releasor) has remised, released, and forever quitted claim and by these presents does remise, release, and forever quitclaim to the grantee (or releasee) and his heirs and assigns all right, title, and interest whatsoever, both at law and in equity, in or to the lands and premises granted (or released) or intended to be granted (or released), so that neither he nor his personal representative, heirs, or assigns shall at any time thereafter have any type of claim, challenge, or demand on the lands and premises or any part thereof.
Code 1919, § 5164; Code 1950, § 55-75; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-400. Void fraudulent acts; bona fide purchasers not affected

Every (i) gift, conveyance, assignment, or transfer of, or charge upon, any estate, real or personal, (ii) action commenced or order, judgment, or execution suffered or obtained, and (iii) bond or other writing given with intent to delay, hinder, or defraud creditors, purchasers, or other persons of or from what they are or may be lawfully entitled to shall, as to such creditors, purchasers, or other persons or their representatives or assigns, be void. This section shall not affect the title of a purchaser for valuable consideration, unless it appears that he had notice of the fraudulent intent of his immediate grantor or of the fraud rendering void the title of such grantor.
Code 1919, § 5184; Code 1950, § 55-80; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-401. Voluntary gifts, conveyances, assignments, transfers, or charges; void as to prior creditors

Every gift, conveyance, assignment, transfer, or charge that is not upon consideration deemed valuable in law, or that is upon consideration of marriage by an insolvent transferor or by a transferor who is thereby rendered insolvent, shall be void as to creditors whose debts were contracted at the time such gift, conveyance, assignment, transfer, or charge was made but shall not, on that account merely, be void as to creditors whose debts have been contracted, or as to purchasers who have purchased, after such gift, conveyance, assignment, transfer, or charge was made. Even though it is decreed to be void as to a prior creditor, because voluntary or upon consideration of marriage, it shall not, for that cause, be decreed to be void as to subsequent creditors or purchasers.
Code 1919, § 5185; Code 1950, § 55-81; 1988, c. 512; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-402. Creditor's action to avoid such gifts, conveyances, assignments, transfers, or charges

Before obtaining a judgment for his claim, a creditor may, whether such claim is due and payable or not, institute any action that he may institute after obtaining such judgment to avoid a gift, conveyance, assignment, or transfer of, or charge upon, the estate of his debtor declared void by either § 55.1-400 or 55.1-401. Such creditor may, in such action, have all the relief with respect to such estate to which he would be entitled after obtaining a judgment for the claim for which he may be entitled to recover. A creditor availing himself of this section shall have a lien from the time of bringing his action on all the estate, real and personal, and a petitioning creditor shall also be entitled to a lien from the time of filing his petition in the court in which the action is brought. If the proceeds of sale are insufficient to satisfy the claims of all the creditors whose liens were acquired at the same time, they shall be applied proportionately to such claims, and the court may issue an order against the debtor for any deficiency remaining on the claim of any creditor after applying his share of the proceeds of sale, or, if any creditor is not entitled to share in such proceeds, may issue an order against the debtor for the full amount of the creditor's claim. This section is subject to the provisions of §§ 8.01-268 and 8.01-269.
Code 1919, § 5186; Code 1950, § 55-82; 1926, p. 874; 2009, c. 593; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-403. Creditor's action; attorney fees

In any action brought by a creditor pursuant to § 55.1-400, 55.1-401, or 55.1-402, where a (i) gift; (ii) deed; (iii) conveyance, assignment, or transfer of or charge upon the estate of a debtor; (iv) action commenced or judgment or execution suffered or obtained; or (v) bond or other writing is declared void, the court shall award counsel for the creditor reasonable attorney fees against the debtor. Upon a finding of fraudulent conveyance pursuant to § 55.1-400, the court may assess sanctions, including such attorney fees, against all parties over which it has jurisdiction who, with the intent to defraud and having knowledge of the judgment, participated in the conveyance. Should there be a resulting judicial sale, any award of attorney fees shall be paid out of the proceeds of the sale, as other costs are paid, provided that the award of attorney fees does not affect a prior lien creditor not represented by the attorney.
2009, c. 593, § 55-82.1; 2012, c. 810; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-404. Authority of court to set aside

The court may set aside a fraudulent conveyance or voluntary transfer pursuant to § 55.1-400 or 55.1-401 during an action brought by a creditor to execute on a judgment, either on motion of the creditor or on its own motion, provided that all parties who have an interest in the property subject to the conveyance or transfer are given notice of the proceeding. The court, by order, may direct the clerk to issue the proper process against such parties and, upon the maturing of the case, proceed to make such orders as would have been proper if the new parties had been made parties at the commencement of the action.
2012, c. 810, § 55-82.2; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-405. Loans and reservations of a use or property to be recorded

When any loan of personal property is pretended to have been made to any person with whom, or with those claiming under him, possession has remained five years without demand made and pursued by due process of law on the part of the pretended lender, or when any reservation or limitation is pretended to have been made of a use or property by way of condition, reversion, remainder, or otherwise in personal property, the possession of which has so remained in another as aforesaid, the absolute property shall be taken to be with the possession and such loan, reservation, or limitation void as to creditors of, and purchasers from, the person so remaining in possession, unless such loan, reservation, or limitation is declared by will which, or a copy of which, or by deed or other writing which, is duly recorded within a period of five years in the circuit court of the county or city in which the personal property is located.
Code 1919, § 5188; Code 1950, § 55-87; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-406. Certain recorded contracts as valid as deeds

Any such contract or bill of sale as is mentioned in § 11-1, if in writing and signed by the owner of the property, shall, from the time it is duly recorded, be, as against creditors and purchasers, as valid, so far as it affects real estate, as if the contract were a deed conveying the estate or interest embraced in the contract and, so far as it affects goods and chattels, as if possession had completely passed at the time of such recording, provided that, as to goods whose possession is retained by a merchant-seller, the provisions of subsection (2) of § 8.2-402 of the Uniform Commercial Code shall be controlling and provided further that, if any such contract or bill of sale as is mentioned in § 11-1 creates a security interest as defined in the Uniform Commercial Code, its validity and enforceability shall be governed by the provisions of that Code.
Code 1919, § 5193; Code 1950, § 55-95; 1964, c. 314; 1966, c. 399; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-408. Where to be recorded

Notwithstanding that any writing is recorded in one county or city in which there is real estate or personal property, it nevertheless is void as to such creditors and purchasers in respect to other real estate or personal property without such recording until it is duly recorded in the county or city in which such other real estate or personal property may be located, but it shall be sufficient to record a deed releasing the lien of a deed of trust, in whole or in part, either in the county or city in which the property thereby released is located or in the county or city in which the property so released was situated at the time of the recordation of the deed of trust, and any recordation thereof so made of any such release is hereby validated.
Code 1919, § 5195; Code 1950, § 55-97; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-409. Recordation of instruments affecting civil aircraft of United States

No instrument that affects the title to or interest in any civil aircraft of the United States, as defined by federal law, or any portion of such aircraft, shall be valid in respect of such aircraft or portion of such aircraft against any person other than the person by whom the instrument is made or to whom the instrument is given, his heir or devisee, and any person having actual notice of such instrument, until such instrument is recorded in the office of the Administrator of the Federal Aviation Administration of the United States, or such other office as is designated by the laws of the United States as the one in which such instruments should be filed. Every such instrument so recorded in such office shall be valid as to all persons without further recordation in any office in the Commonwealth, the provisions of any other recordation statute to the contrary notwithstanding. Any instrument for which recordation is required by the provisions of this section shall take effect from the date of its recordation and not from the date of its execution.
1946, p. 387; Michie Suppl. 1946, § 5194a; Code 1950, § 55-100; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-410. Priority of writings when admitted to record same day

Unless otherwise provided for in this chapter, when two or more writings pertaining to the same property are recorded in the same county or city on the same day and stamped with the identical time, the instrument number shall determine the writing that was first recorded. The instrument that was first recorded shall have priority with respect to the property in such county or city.
Code 1919, § 5198; Code 1950, § 55-101; 1987, c. 104; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-411. When writings to be recorded in county, and when in city

The provisions of this and any other chapter of the Code or of any subsequent statute, by virtue of which a writing is to be or may be recorded in the county or city in which the property embraced in such writing is located, shall be construed, in respect to the county, as relating only to property within the county and outside the corporate limits of the city having a court in which writings may be lawfully recorded, and, in respect to the city, as relating only to property within the corporate limits of such city having such a court.
Code 1919, § 5199; Code 1950, § 55-102; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-412. Words "creditors" and "purchasers," how construed

The words "creditors" and "purchasers," when used in any previous section of this chapter, shall not be restricted to the protection of creditors of and purchasers from the grantor, but shall also extend to and embrace all creditors and purchasers who, but for the deed or writing, would have had title to the property conveyed or a right to subject it to their debts.
Code 1919, § 5200; Code 1950, § 55-103; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-413. Lien of subsequent purchaser for purchase money paid before notice

As against any person claiming under the deed or other writing that has not been recorded before payment by a subsequent purchaser for valuable consideration of the whole or a part of his purchase money, such subsequent purchaser, notwithstanding such deed or other writing recorded before he becomes a complete purchaser, shall have a lien on the property purchased by him for so much of his purchase money as he may have paid before notice of such lien.
Code 1919, § 5200; Code 1950, § 55-104; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded › § 55.1-414. When purchaser not affected by record of deed or contract

A purchaser shall not, under this chapter, be affected by the record of a deed or contract made by a person under whom his title is not derived, nor by the record of a deed or contract made by any person under whom the title of such purchaser is derived, if it was made by such person before he acquired the legal title of record.
Code 1919, § 5201; Code 1950, § 55-105; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 5 - Commutation and Valuation of Certain Estates and Interests › § 55.1-500. Annuity table

When a party as tenant for life is entitled to the annual interests on a sum of money, or is entitled to the use of any estate, or a part thereof, and is willing to accept a gross sum in lieu thereof, or the party liable for such interest, or affected by such claim, has the right to pay a gross sum in lieu thereof, or if the court in any legal proceeding orders a gross sum to be paid in lieu thereof, the sum shall be estimated according to the then value of an annuity of eight percent on the principal sum during the probable life of such person, according to the following table, showing in Column I the present value, on the basis of eight percent interest, of an annuity of $1, payable at the end of every year that a person of a given age may be living, for the ages therein stated:
PRESENT VALUE
---------------------------------------------------------------
---------------------------------------------------------------
---------------------------------------------------------------
Age last birthday
I life
II lives
Less than one year
12.060
11.670
1
12.291
12.124
2
12.291
12.127
3
12.286
12.120
4
12.278
12.107
5
12.267
12.091
6
12.256
12.071
7
12.242
12.049
8
12.227
12.024
9
12.211
11.996
10
12.192
11.965
11
12.171
11.930
12
12.149
11.892
13
12.125
11.852
14
12.102
11.812
15
12.078
11.773
16
12.055
11.736
17
12.032
11.701
18
12.010
11.666
19
11.988
11.632
20
11.964
11.596
21
11.939
11.559
22
11.913
11.521
23
11.886
11.480
24
11.857
11.437
25
11.824
11.389
26
11.789
11.336
27
11.751
11.278
28
11.709
11.215
29
11.664
11.148
30
11.615
11.075
31
11.564
10.998
32
11.510
10.917
33
11.452
10.831
34
11.391
10.741
35
11.326
10.645
36
11.258
10.545
37
11.186
10.440
38
11.110
10.331
39
11.031
10.217
40
10.948
10.098
41
10.861
9.975
42
10.770
9.847
43
10.675
9.714
44
10.576
9.576
45
10.473
9.434
46
10.365
9.288
47
10.254
9.138
48
10.138
8.983
49
10.018
8.824
50
9.893
8.661
51
9.764
8.493
52
9.631
8.322
53
9.493
8.147
54
9.352
7.970
55
9.207
7.790
56
9.057
7.608
57
8.904
7.423
58
8.747
7.237
59
8.586
7.048
60
8.421
6.856
61
8.252
6.662
62
8.078
6.466
63
7.900
6.267
64
7.718
6.067
65
7.532
5.865
66
7.343
5.663
67
7.150
5.460
68
6.954
5.256
69
6.755
5.052
70
6.552
4.847
71
6.345
4.640
72
6.134
4.431
73
5.920
4.222
74
5.705
4.015
75
5.491
3.812
76
5.279
3.615
77
5.069
3.424
78
4.861
3.239
79
4.654
3.057
80
4.448
2.879
81
4.244
2.706
82
4.044
2.538
83
3.846
2.376
84
3.652
2.217
85
3.459
2.061
86
3.272
1.911
87
3.097
1.774
88
2.934
1.651
89
2.780
1.537
90
2.630
1.426
91
2.485
1.319
92
2.350
1.220
93
2.227
1.131
94
2.118
1.053
95
2.024
0.986
96
1.943
0.931
97
1.873
0.885
98
1.811
0.845
99
1.754
0.810
100
1.701
0.779
101
1.651
0.751
102
1.602
0.726
103
1.550
0.703
104
1.492
0.682
105
1.420
0.661
106
1.322
0.637
107
1.178
0.602
108
0.955
0.535
109
0.595
0.383
1973, c. 355, § 55-269.1; 1981, c. 612; 1990, c. 831; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 5 - Commutation and Valuation of Certain Estates and Interests › § 55.1-501. Rule of calculation under § 55.1-500

A. Calculate the interest at eight percent upon the sum to the income of which, or upon the value of the property to the use of which, the person is entitled. Multiply this interest by the present value of an annuity of $1, as set opposite the person's age in the table, and the product is the gross value of the life estate of such person.
B. Example: Suppose a person whose age is 42 is a tenant for life in the whole of an estate worth $10,500. The annual interest on that sum at eight percent is $840. The present value of an annuity of $1 at the age of 42, as shown by the table, is $10.77, which, multiplied by $840, gives $9,046.80 as the gross value of such life estate in the premises, or the proceeds of such life estate.
Code 1919, §§ 5132, 5133; 1946, p. 555; Code 1950, §§ 55-270, 55-271; 1973, c. 355; 1981, c. 612; 1990, c. 831; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 5 - Commutation and Valuation of Certain Estates and Interests › § 55.1-502. Table of uniform seniority

When any two parties, as joint tenants for life, are entitled to the annual interest on a sum of money, or are entitled to the use of any estate or a part thereof, and are willing to accept a gross sum in lieu thereof, or the party liable for such interest, or affected by such claim, has the right to pay a gross sum in lieu thereof, or if the court in any legal proceeding orders a gross sum to be paid in lieu thereof, the sum shall be estimated according to the then value of an annuity of eight percent on the principal sum during the probable joint lives of such persons (which probable joint lives shall be computed from the table in this section for computing uniform seniority) as set forth in Column II in the table in § 55.1-500, showing the present value, on the basis of eight percent interest, of an annuity of $1 payable at the end of every year that two persons of given ages may both be living for the ages therein stated:
TABLE OF UNIFORM SENIORITY
---------------------------------------------------------------
---------------------------------------------------------------
---------------------------------------------------------------
Difference of age
Addition to younger age
1
1
2
1
3
2
4
2
5
3
6
4
7
4
8
5
9
6
10
7
11
7
12
8
13
9
14
10
15
11
16
12
17
13
18
14
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
41
36
42
37
43
38
44
39
45
40
46
41
47
42
48
43
49
44
50
45
51
46
52
47
53
48
54
49
55
50
56
51
57
52
58
53
59
54
60
55
61
56
62
57
63
58
64
59
65
60
66
61
67
62
68
63
69
64
70
65
71
66
72
67
73
68
74
69
75
70
1973, c. 355, § 55-272.1; 1981, c. 612; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 5 - Commutation and Valuation of Certain Estates and Interests › § 55.1-503. Rules of calculation under § 55.1-502

A. Calculate the interest at eight percent upon the sum to the income of which, or upon the value of the property to the use of which, the joint life tenants are entitled. Multiply this interest by the present value of an annuity of $1, as shown in Column II of § 55.1-500, for the joint equal age of such joint life tenants. The joint equal age of such tenants shall be obtained as follows: Take the difference in age in years between such tenants and refer to the table in § 55.1-502 and add to the younger age the value opposite such difference, and the sum is the joint equal age; take this joint equal age and refer to the table in § 55.1-500 and find in Column II the value of an annuity of $1 a year payable for life during such joint equal age. The product of the interest and the value of an annuity for a given joint equal age is the gross value of the joint life estate of such person therein.
B. Example: Doe, age 30, and Roe, age 40, are joint tenants for life in the whole of an estate worth $10,500: The difference in ages is 10 and, as shown by the table in § 55.1-502, the value opposite age difference 10 is seven. Seven added to 30, Doe's age, gives 37; as shown by the table in § 55.1-500, the value in Column II for an annuity of $1 for two joint lives at joint equal age 37 is $10.44 and no mills, and this, multiplied by $840 (the interest at eight percent on $10,000), gives $8,769.60 as the gross value of the joint life estate of such persons.
1946, p. 556; Michie Suppl. 1946, § 5133a2; Code 1950, § 55-273; 1973, c. 355; 1981, c. 612; 2019, c. 712.