Every judgment for money rendered in this Commonwealth by any state or federal court or by confession of judgment, as provided by law, shall be a lien on all the real estate of or to which the defendant in the judgment is or becomes possessed or entitled, from the time such judgment is recorded on the judgment lien docket of the clerk's office of the county or city where such land is situated. Any judgment or decree properly docketed under the provisions of this section shall, if the real estate subject to the lien of such judgment has been annexed to or merged with an adjoining city subsequent to such docketing, be deemed to have been docketed in the proper clerk's office of such city.
Code 1950, § 8-386; 1954, c. 333; 1960, c. 466; 1964, c. 309; 1977, c. 617; 2021, Sp. Sess. I, c. 486.
Notes of Decisions
Hart v. United Virginia Bank (In re Hart), 24 B.R. 821 (Bankr. E.D. Va. 1982).
· cites it 7× “01-268 must be read in conjunction with Va.Code § 8.01-458 which states that “[e]very judgment for money rendered in this Commonwealth by any state or federal court .”
In re Morrissey, 37 B.R. 571 (Bankr. E.D. Va. 1984).
· cites it 4× “As noted above, debtor filed her petition for relief five months after the judgment was rendered and the lien was docketed. State law provides that a money judgment rendered by a state or federal court results in a lien on the defendant’s real property upon the docketing of the…”
Booth v. Booth, 371 S.E.2d 569 (Va. Ct. App. 1988).
· cites it 2× “Code § 8.01-458 provides that a judgment or decree is a lien on real estate of the debtor, and Code § 8.”
In re Griffin, 397 B.R. 356 (Bankr. W.D. Va. 2008).
· cites it 8× “shall be a lien on all the real estate of or to which the defendant in the judgment is or becomes possessed or entitled, from the time such judgment is recorded on the judgment lien docket of the clerk’s office .”
Leake v. Fin. One Mortg., Inc. (In re Snyder), 57 B.R. 438 (E.D. Va. 1985).
· cites it 17× “Conclusions of Law The Court finds that Finance One’s docketing of its judgment complied with Virginia’s statutory prerequisites to the creation of a judgment lien as provided for by Va. Code § 8.01-458 (1984). The sole issue in this case, therefore, is whether Finance One’s…”
Massie v. Yamrose, 169 B.R. 585 (W.D. Va. 1994).
· cites it 12× “Va.Code § 8.01-458. Appellant does, in fact, own real property in the City of Waynesboro, but she and her non-debtor spouse own it as tenants by the entirety.”
Palm Harbor Homes, Inc. v. Leader Funding, Inc., 70 Va. Cir. 31 (Brunswick Cir. Ct. 2005).
· cites it 6× “01-458 (1977 Repl. Vol.). Thus, any suit in which the defendant is an individual has the potential to affect the title to real estate.”
In re Trent, 42 B.R. 279 (Bankr. W.D. Va. 1984).
· cites it 3× “See Va.Code § 8.01-458. The debtors filed their Chapter 13 petition on May 18, 1984.”
Mayer v. United States (In re Reasonover), 236 B.R. 219 (Bankr. E.D. Va. 1999).
· cites it 2× “ghts of a bona fide purchaser of real estate, the bankruptcy trustee also has the rights of a hypothetical creditor "that extends credit to the debtor at the time of the commencement of the case, and that obtains, at such time and with respect to such credit, a judicial lien on…”
Bennett v. Commonwealth, 422 S.E.2d 458 (Va. Ct. App. 1992).
· cites it 2× “We need not attempt to identify all essential similarities and differences between spousal support orders and money judgments. For purposes of our present analysis, it is sufficient that we clarify those spousal support orders that are and those that are not essentially…”
Matter of Claxton, 32 B.R. 215 (Bankr. E.D. Va. 1983).
· cites it 8× “shall be a lien on all the real estate of or to which the defendant in the judgment is or becomes possessed or entitled, from the time such judgment is recorded on the judgment lien docket in the clerk's office of the county or city where such land is situated.”
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