{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-3104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-3104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-3104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-3104.html"}],"law_id":369858,"edition_id":2,"section_id":369858,"structure_id":52682,"section_number":"55.1-3104","catch_line":"Liability for execution, filing, recording wrongful or erroneous certificate","history":"2023, c. 550.","full_text":"A\n\nA certificate of release executed and filed or recorded wrongfully or erroneously by a settlement agent shall not relieve a party or his successor, assignee, or representative from obligation or liability for the debt or other obligations secured by the judgment lien.\n\nB\n\nA settlement agent who negligently executes and files or records an erroneous certificate of release shall be liable to the lien creditor for actual damages sustained due to the recording of such certificate of release. The minimum amount of such actual damages shall be the amount received by the owner of the property in the settlement and shall not exceed the outstanding balance of the unpaid judgment at the time of the sale of the property, plus attorney fees.\n\nC\n\nThe procedure authorized by this chapter for the release of a judgment lien shall constitute an optional method of accomplishing a release of a judgment lien secured by property in the Commonwealth. The nonuse of the procedure authorized by this subsection for the release of a judgment lien shall not give rise to any liability or any cause of action whatsoever against a settlement agent by any obligated party or anyone succeeding to or assuming the interest of the obligated party.\n\n","order_by":null,"text":{"0":{"id":1379891,"text":"A certificate of release executed and filed or recorded wrongfully or erroneously by a settlement agent shall not relieve a party or his successor, assignee, or representative from obligation or liability for the debt or other obligations secured by the judgment lien.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1379892,"text":"A settlement agent who negligently executes and files or records an erroneous certificate of release shall be liable to the lien creditor for actual damages sustained due to the recording of such certificate of release. The minimum amount of such actual damages shall be the amount received by the owner of the property in the settlement and shall not exceed the outstanding balance of the unpaid judgment at the time of the sale of the property, plus attorney fees.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1379893,"text":"The procedure authorized by this chapter for the release of a judgment lien shall constitute an optional method of accomplishing a release of a judgment lien secured by property in the Commonwealth. The nonuse of the procedure authorized by this subsection for the release of a judgment lien shall not give rise to any liability or any cause of action whatsoever against a settlement agent by any obligated party or anyone succeeding to or assuming the interest of the obligated party.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":52682,"edition_id":2,"name":"Release of Specific Property from Judgment Liens","identifier":"31","label":"chapter","depth":3,"order_by":8,"parent_id":52661,"metadata":{"child_laws":5,"child_structures":0},"date_created":"2026-08-02 03:03:00","date_modified":"2026-08-02 12:35:34","permalink":{"id":1475423,"object_type":"structure","relational_id":52682,"identifier":"31","token":"55.1\/V\/31","url":"\/55.1\/V\/31\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52661,"edition_id":2,"name":"Miscellaneous","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":52600,"metadata":{"child_laws":165,"child_structures":20},"date_created":"2026-08-02 03:02:42","date_modified":"2026-08-02 12:35:31","permalink":{"id":1474773,"object_type":"structure","relational_id":52661,"identifier":"V","token":"55.1\/V","url":"\/55.1\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369854,"structure_id":52682,"section_number":"55.1-3100","catch_line":"Definitions","url":"\/55.1-3100\/","token":"55.1\/V\/31\/55.1-3100","metadata":false},{"id":369855,"structure_id":52682,"section_number":"55.1-3101","catch_line":"Release of judgment lien by settlement agent; notice to lien creditor","url":"\/55.1-3101\/","token":"55.1\/V\/31\/55.1-3101","metadata":{"court_decisions":""}},{"id":369856,"structure_id":52682,"section_number":"55.1-3102","catch_line":"Certificate of release and affidavit of settlement agent","url":"\/55.1-3102\/","token":"55.1\/V\/31\/55.1-3102","metadata":false},{"id":369857,"structure_id":52682,"section_number":"55.1-3103","catch_line":"Effect of filing of certificate of release","url":"\/55.1-3103\/","token":"55.1\/V\/31\/55.1-3103","metadata":{"court_decisions":""}},{"id":369858,"structure_id":52682,"section_number":"55.1-3104","catch_line":"Liability for execution, filing, recording wrongful or erroneous certificate","url":"\/55.1-3104\/","token":"55.1\/V\/31\/55.1-3104","metadata":false}],"previous_section":{"id":369857,"structure_id":52682,"section_number":"55.1-3103","catch_line":"Effect of filing of certificate of release","url":"\/55.1-3103\/","token":"55.1\/V\/31\/55.1-3103","metadata":{"court_decisions":""}},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-3104\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 550<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1475441,"object_type":"law","relational_id":369858,"identifier":"55.1-3104","token":"55.1\/V\/31\/55.1-3104","url":"\/55.1-3104\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-3104\/","token":"55.1\/V\/31\/55.1-3104","dublin_core":{"Title":"Liability for execution, filing, recording wrongful or erroneous certificate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-3104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A certificate of release executed and filed or recorded wrongfully or erroneously by a settlement agent<\/span> shall not relieve a party<\/span> or his successor, assignee, or representative from obligation or liability for the debt or other obligations secured by the judgment lien<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A settlement agent<\/span> who negligently executes and files or records an erroneous certificate of release shall be liable to the lien creditor<\/span> for actual damages<\/span> sustained due to the recording of such certificate of release. The minimum amount of such actual damages<\/span> shall be the amount received by the owner of the property<\/span> in the settlement and shall not exceed the outstanding balance of the unpaid judgment at the time of the sale of the property<\/span>, plus attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The procedure authorized by this chapter for the release of a judgment lien<\/span> shall constitute an optional method of accomplishing a release of a judgment lien<\/span> secured by property<\/span> in the Commonwealth. The nonuse of the procedure authorized by this subsection for the release of a judgment lien<\/span> shall not give rise to any liability or any cause of action<\/span> whatsoever against a settlement agent<\/span> by any obligated party<\/span> or anyone succeeding to or assuming the interest of the obligated party<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY FOR EXECUTION, FILING, RECORDING WRONGFUL OR ERRONEOUS CERTIFICATE (\u00a7\n55.1-3104)\n\nA. A certificate of release executed and filed or recorded wrongfully or\nerroneously by a settlement agent shall not relieve a party or his successor,\nassignee, or representative from obligation or liability for the debt or other\nobligations secured by the judgment lien.\n\nB. A settlement agent who negligently executes and files or records an erroneous\ncertificate of release shall be liable to the lien creditor for actual damages\nsustained due to the recording of such certificate of release. The minimum\namount of such actual damages shall be the amount received by the owner of the\nproperty in the settlement and shall not exceed the outstanding balance of the\nunpaid judgment at the time of the sale of the property, plus attorney fees.\n\nC. The procedure authorized by this chapter for the release of a judgment lien\nshall constitute an optional method of accomplishing a release of a judgment\nlien secured by property in the Commonwealth. The nonuse of the procedure\nauthorized by this subsection for the release of a judgment lien shall not give\nrise to any liability or any cause of action whatsoever against a settlement\nagent by any obligated party or anyone succeeding to or assuming the interest of\nthe obligated party.\n\nHISTORY: 2023, c. 550.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}