                                 CODE OF VIRGINIA

CERTIFICATE OF RELEASE AND AFFIDAVIT OF SETTLEMENT AGENT (§ 55.1-3102)

A. If, within 30 days following the date of notice of the notice of intent to
release pursuant to &#xA7; 55.1-3101, the lien creditor has not sent by (i)
certified mail, return receipt requested, (ii) commercial delivery service for
same day or next business day delivery, (iii) the United States Postal Service
for next business day delivery, or (iv) electronic mail or facsimile transmittal
to the electronic mail address or fax number provided by the settlement agent a
complete payoff amount, the settlement agent may execute, acknowledge, and file
with the clerk of court of the jurisdiction in which the property is located a
certificate of release. Such certificate of release shall include (a) an
affidavit pursuant to subsection B, (b) a copy of the notice of intent to
release in accordance with &#xA7; 55.1-3101, and (c) the owner&#8217;s affidavit
pursuant to &#xA7; 55.1-3101. The certificate of release shall include the
settlement agent&#8217;s registration number issued by a licensing authority as
defined in &#xA7; 55.1-1000. The certificate of release shall note that the
settlement agent has the authority to execute the certificate of release
pursuant to this section. After filing or recording the certificate of release,
the settlement agent shall mail a copy of such certificate of release to the
lien creditor. Failure to mail a copy of the recorded certificate of release to
the lien creditor shall not affect the validity of a certificate of release that
otherwise satisfies the requirements of this section and shall release the
property from the judgment lien as provided by this section.

B. The certificate of release shall include an affidavit that certifies that (i)
the settlement agent has not received a payoff amount as shown on the recorded
abstract of judgment from the lien creditor, his assignee, or his
representative, nor has the settlement agent received any objection to the
release of the property from the judgment lien; (ii) the person executing the
certificate of release is the settlement agent; (iii) the notice of intent to
release was delivered to the lien creditor or delivery was attempted at the
address shown on the recorded abstract of judgment and the settlement agent has
received evidence of such delivery or attempted delivery; and (iv) the property
is released from the judgment lien. The certificate of release and accompanying
affidavit shall conform substantially to the following form:
			CERTIFICATE OF RELEASE and AFFIDAVIT OF SETTLEMENT AGENT
			The undersigned hereby certifies and affirms that, in accordance with the
provisions of &#xA7; 55.1-3101 of the Code of Virginia of 1950, as amended and
in force on the date hereof (the Code), (a) the undersigned is a settlement
agent as defined in subsection A of &#xA7; 55.1-3100 of the Code or a duly
authorized officer, director, member, partner, or employee of such settlement
agent; (b) the settlement agent, after exercising due diligence to locate the
creditor, has sent to the lien creditor in the manner specified in subsection B
of &#xA7; 55.1-3101 of the Code the notice of intent to release the property
from the lien of the below referenced judgment lien and possesses evidence of
receipt of such notice by the lien creditor or evidence of failed attempts; (c)
the settlement agent has not received a payoff amount from the lien creditor
shown on the recorded abstract of judgment or any assignee or representative
thereof or any objection to the release of the property from the lien of the
judgment lien; and (d) the lien of the judgment lien is hereby released as to
the subject property.
			(Name of judgment debtor(s))
			(Name of judgment lien creditor shown on recorded abstract of judgment)
			(Recordation information for recorded judgment lien)
			(Property subject to the release)
			(Name of settlement agent)
			(Virginia RESA registration number of settlement agent)
			(Authorized signer and title)
			(Notary clause)

HISTORY: 2023, c. 550.