{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-348.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-348.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-348.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-348.html"}],"law_id":59796,"edition_id":1,"section_id":59796,"structure_id":15404,"section_number":"55.1-348","catch_line":"Document of rescission; effect; liability for wrongful recording","history":"2006, c. 907, \u00a7 55-66.10; 2019, c. 712.","full_text":"A\n\nAs 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\n\nIf 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\n\nA recorded document of rescission has no effect on the rights of a person who:1\n\nAcquired 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; and2\n\nWould otherwise have priority over or take free of the lien created by the security instrument under the laws of the Commonwealth.D\n\nA 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.","order_by":null,"text":{"0":{"id":218989,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218990,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218991,"text":"A recorded document of rescission has no effect on the rights of a person who:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":218992,"text":"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","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":218993,"text":"Would otherwise have priority over or take free of the lien created by the security instrument under the laws of the Commonwealth.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":218994,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"ancestry":[{"id":15404,"edition_id":1,"name":"Satisfaction of Security Interest in Real Property","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13328,"metadata":{},"date_created":"2026-06-26 03:54:39","date_modified":"2026-06-26 03:54:39","permalink":{"id":245187,"object_type":"structure","relational_id":15404,"identifier":"3","token":"55.1\/I\/3\/3","url":"\/55.1\/I\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13328,"edition_id":1,"name":"Form and Effect of Deeds and Covenants; 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effect; liability for wrongful recording","url":"\/55.1-348\/","token":"55.1\/I\/3\/3\/55.1-348","metadata":false},{"id":70687,"structure_id":15404,"section_number":"55.1-349","catch_line":"Secured creditor to submit satisfaction for recording; liability for failure","url":"\/55.1-349\/","token":"55.1\/I\/3\/3\/55.1-349","metadata":false},{"id":86234,"structure_id":15404,"section_number":"55.1-350","catch_line":"Form and effect of satisfaction","url":"\/55.1-350\/","token":"55.1\/I\/3\/3\/55.1-350","metadata":false},{"id":58659,"structure_id":15404,"section_number":"55.1-351","catch_line":"Relation to Electronic Signatures in Global and National Commerce Act","url":"\/55.1-351\/","token":"55.1\/I\/3\/3\/55.1-351","metadata":false},{"id":82547,"structure_id":15404,"section_number":"55.1-352","catch_line":"Uniform standards","url":"\/55.1-352\/","token":"55.1\/I\/3\/3\/55.1-352","metadata":false}],"previous_section":{"id":64322,"structure_id":15404,"section_number":"55.1-347","catch_line":"Definitions","url":"\/55.1-347\/","token":"55.1\/I\/3\/3\/55.1-347","metadata":false},"next_section":{"id":70687,"structure_id":15404,"section_number":"55.1-349","catch_line":"Secured creditor to submit satisfaction for recording; liability for failure","url":"\/55.1-349\/","token":"55.1\/I\/3\/3\/55.1-349","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-348\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 907<\/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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":[{"id":74812,"section_number":"55.1-344","catch_line":"Releases made by court; costs and attorney fees","order_by":null,"url":"\/55.1-344\/"}],"refers_to":[{"id":82066,"section_number":"55.1-339","catch_line":"Release of deed of trust or other lien","order_by":null,"url":"\/55.1-339\/"}],"permalink":{"id":245197,"object_type":"law","relational_id":59796,"identifier":"55.1-348","token":"55.1\/I\/3\/3\/55.1-348","url":"\/55.1-348\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-348\/","token":"55.1\/I\/3\/3\/55.1-348","dublin_core":{"Title":"Document of rescission; effect; liability for wrongful recording","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-348","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “document of rescission<\/span>” means a document stating that an identified satisfaction, certificate of satisfaction, or affidavit<\/span> of satisfaction of a security instrument<\/span> was recorded erroneously or fraudulently, the secured obligation<\/span> remains unsatisfied, and the security instrument<\/span> remains in force. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a person<\/span> records a satisfaction, certificate of satisfaction, or affidavit<\/span> of satisfaction of a security instrument<\/span> in error or by fraud<\/span>, the person<\/span> may execute and record a document of rescission<\/span>. Upon recording, the document rescinds an erroneously recorded satisfaction, certificate, or affidavit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A recorded document of rescission<\/span> has no effect on the rights of a person<\/span> who: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Acquired an interest in the real property<\/span> described in a security instrument<\/span> after the recording of the satisfaction, certificate of satisfaction, or affidavit<\/span> of satisfaction of the security instrument<\/span> and before the recording of the document of rescission<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Would otherwise have priority over or take free of the lien<\/span> created by the security instrument<\/span> under the laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person<\/span>, other than the clerk of the circuit<\/span> court<\/span> 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<\/span> is subject to liability under § 55.1-339<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDOCUMENT OF RESCISSION; EFFECT; LIABILITY FOR WRONGFUL RECORDING (\u00a7 55.1-348)\n\nA. As used in this section, “document of rescission” means a\ndocument stating that an identified satisfaction, certificate of satisfaction,\nor affidavit of satisfaction of a security instrument was recorded erroneously\nor fraudulently, the secured obligation remains unsatisfied, and the security\ninstrument remains in force.\n\nB. If a person records a satisfaction, certificate of satisfaction, or affidavit\nof satisfaction of a security instrument in error or by fraud, the person may\nexecute and record a document of rescission. Upon recording, the document\nrescinds an erroneously recorded satisfaction, certificate, or affidavit.\n\nC. A recorded document of rescission has no effect on the rights of a person\nwho:\n\n 1. Acquired an interest in the real property described in a security\n instrument after the recording of the satisfaction, certificate of\n satisfaction, or affidavit of satisfaction of the security instrument and\n before the recording of the document of rescission; and\n\n 2. Would otherwise have priority over or take free of the lien created by the\n security instrument under the laws of the Commonwealth.\n\nD. A person, other than the clerk of the circuit court or any of his employees\nor other governmental official in the course of the performance of his\nrecordation duties, who erroneously, fraudulently, or wrongfully records a\ndocument of rescission is subject to liability under § 55.1-339.\n\nHISTORY: 2006, c. 907, \u00a7 55-66.10; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}