If such attachment or lis pendens is quashed or dismissed or such cause is dismissed, or judgment or final decree in such attachment or cause is for the defendant or defendants, the court shall direct in its order (i) that the names of all interested parties thereto, as found in the recorded attachment or lis pendens be listed for the clerk, and (ii) that the attachment or lis pendens be released and, the court may, in an appropriate case, impose sanctions as provided in § 8.01-271.1. It shall then become the duty of the clerk in whose office such attachment or lis pendens is recorded to record the order in the order book together with a separate instrument or order releasing such lien and referencing the deed book and page where the original lien is recorded. However, in any case in which an appeal or writ of error from such judgment or decree or dismissal would lie, the clerk shall not record the order or make the entry until after the expiration of the time in which such appeal or writ of error may be applied for, or if applied for after refusal thereof, or if granted, after final judgment or decree is entered by the appellate court.
In any case in which the debt for which such attachment is issued, or suit is brought and notice of lis pendens recorded is satisfied by payment, it shall be the duty of the creditor, within 10 days after payment of same, to provide the clerk with a separate instrument or order for recordation releasing such lis pendens and referencing the order book and page where the original lis pendens is recorded.
Code 1950, § 8-143; 1962, c. 589; 1977, c. 617; 1985, c. 310; 1986, c. 278; 1989, c. 450; 2014, c. 330.
Notes of Decisions
Christopher & Suzanne Guest, V David & Karen Lange, 381 P.3d 130 (Wash. Ct. App. 2016).
“We do not suggest that the mere deposit of a cashier’s check would be sufficient; instead, the trial court must accept the payment and file the bond, staying the judgment.”
Hellberg v. Valley Hardware Co., 46 Va. Cir. 112 (Rockingham Cir. Ct. 1998).
“Hodge is directed to prepare an Order in accordance with § 8.01-269 dismissing the lis pendens. The Clerk is directed to certify a copy of this Opinion and Order to Dabney Overton, Jr.”
E. Direct Mktg., Inc. v. Coolidge Co., 26 Va. Cir. 282 (Arlington Cir. Ct. 1992).
“In the absence of facts supporting the exercise of jurisdiction under the long arm statute, service of process pursuant to § 8.01-269 cannot be obtained. Therefore, the Court grants the defendant’s Motion to Quash and allows the plaintiff leave to amend the Amended Motion for…”
Rivers v. United States of Am., No. 6:18-cv-00061 (W.D. Va. Feb. 3, 2021).
· cites it 2× “See Va. Code Ann. § 8.01-269 (providing that when an action is dismissed, a court “shall direct in its order (i) that the names of all interested parties thereto, as found in the recorded .”
Rivers v. United States of Am., No. 6:18-cv-00061 (W.D. Va. Feb. 3, 2021).
· cites it 2× “See Va. Code Ann. § 8.01-269 (providing that when an action is dismissed, a court “shall direct in its order (i) that the names of all interested parties thereto, as found in the recorded .”
The Reserve at Winchester I, LLC v. R 150 SPE, LLC, No. 3:21-cv-00008 (W.D. Va. Feb. 7, 2022).
· cites it 2× “See Va. Code Ann. § 8.01-269 . Plaintiffs have introduced documents purporting to show an anticipated purchase of land including parts of both tracts.”
CMF Loudoun, L.P. v. Brown, 39 Va. Cir. 101 (Loudoun Cir. Ct. 1996).
· cites it 3× “Section 8.01-269, Code of Virginia. In addition, CMF has requested sanctions be imposed against Nattchase and the other defendants for having filed the amended lis pendens.”
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