Judgment liens on real estate

Question 1

duration of judgment lien on real estate

Answer 1

20 years from judgment, but if sold to third party, 10 years after sale

no right to extend exists against a purchaser

must file lis pendent within that 10 year period to enforce the lien

Question 2

enforcement of judgment lien on real estate

Answer 2

creditor’s suit in equity in the city or county where the land is located

Question 3

is there right of redemption in VA?

Answer 3

NO – debtor may not prevent enforcement of a lien by paying off debt

Question 4

public act for real estate

Answer 4

docking the lien

(1) a judgment is automatically docketed by clerk of court in county where jdugment is rendered

(2) jdugment from another county — requires you to file copy of judgment with county clerk where enforcement is sought

Question 5

to what property does jdugment lien on real property attach

Answer 5

floating lien on all non-exempt real property in the count

attaches to all after acquired property and only to debotr’s interest (not to tenancy by entirety)