                                 CODE OF VIRGINIA

LIABILITY FOR EXECUTION, FILING, RECORDING WRONGFUL OR ERRONEOUS CERTIFICATE (§
55.1-3104)

A. 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.

B. 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.

C. 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.

HISTORY: 2023, c. 550.