                                 CODE OF VIRGINIA

RELEASE OF DEED OF TRUST OR OTHER LIEN (§ 55.1-339)

A. As used in this section:
			&#8220;Deed of trust&#8221; means any mortgage, deed of trust, or
vendor&#8217;s lien.
			&#8220;Judgment lien&#8221; includes a judgment lien prescribed by &#xA7;
8.01-458 but does not include any lien in favor of the federal, state, or local
government, or any political subdivision thereof.
			&#8220;Lien creditor&#8221; and &#8220;creditor&#8221; shall be construed as
synonymous and mean the holder, payee, or obligee of a note, bond, or other
evidence of debt and shall embrace the lien creditor or his successor in
interest as evidenced by proper endorsement or assignment, general or
restrictive, upon the note, bond, or other evidence of debt.
			&#8220;Payoff letter&#8221; means a written communication from the lien
creditor or servicer stating, at a minimum, the amount outstanding and required
to be paid to satisfy the obligation.
			&#8220;RESA&#8221; means Chapter 10 (&#xA7; 55.1-1000 et seq.), Real Estate
Settlement Agents.
			&#8220;Satisfactory evidence of the payment of the obligation secured by the
deed of trust or judgment lien&#8221; means (i) any one of (a) the original
canceled check or a copy of the canceled check, showing all endorsements,
payable to the lien creditor or servicer, as applicable, (b) confirmation in
written or electronic form of a wire transfer to the bank account of the lien
creditor or servicer, as applicable, or (c) a bank statement in written or
electronic form reflecting completion of the wire transfer or negotiation of the
check, as applicable, and (ii) a payoff letter or other reasonable documentary
evidence that the payment was to effect satisfaction of the obligation secured
or evidenced by the deed of trust or judgment lien.
			&#8220;Satisfied by payment&#8221; includes obtaining written confirmation
from the lien creditor that the underlying obligation has a zero balance.
			&#8220;Servicer&#8221; means a person or entity that collects loan payments
on behalf of a lien creditor.
			&#8220;Settlement agent&#8221; has the same meaning ascribed to it in &#xA7;
55.1-1000, provided that a person shall not be a settlement agent unless he is
registered pursuant to &#xA7; 55.1-1014 and otherwise fully in compliance with
the applicable provisions of RESA.
			&#8220;Title insurance company&#8221; has the same meaning ascribed to it in
&#xA7; 38.2-4601, provided that the title insurance company seeking to release a
lien by the process described in subsection E issued a policy of title
insurance, through a title insurance agency or agent as defined in &#xA7;
38.2-4601.1, for a real estate transaction wherein the loan secured by the lien
was satisfied by payment made by the title insurance agency or agent also acting
as the settlement agent.

B. 1. Except as provided in Article 3 (§ 55.1-346 et seq.), after full or
partial payment or satisfaction has been made of a debt secured by a deed of
trust, vendor&#8217;s lien, or other lien, or any one or more obligations
representing at least 25 percent of the total amount secured by such lien, but
less than the total number of the obligations so secured, or the debt secured is
evidenced by two or more separate written obligations sufficiently described in
the instrument creating the lien, has been fully paid, the lien creditor shall
issue a certificate of satisfaction or certificate of partial satisfaction in a
form sufficient for recordation reflecting such payment and release of lien.
This requirement shall apply to a credit line deed of trust prepared pursuant to
§ 55.1-318 only when the obligor or the settlement agent has paid the debt in
full and requested that the instrument be released.
			If the lien creditor receives notice from a settlement agent at the address
identified in its payoff statement requesting that the certificate be sent to
such settlement agent, the lien creditor shall provide the certificate within 90
days after receipt of such notice to the settlement agent at the address
specified in the notice received from the settlement agent.
			If the notice is not received from a settlement agent, the lien creditor
shall deliver, within 90 days after such payment, the certificate to the
appropriate clerk&#8217;s office with the necessary fee for recording by
certified mail, return receipt requested, or when there is written proof of
receipt from the clerk&#8217;s office, by hand delivery, electronic delivery via
the clerk&#8217;s electronic filing system, or delivery by a commercial
overnight delivery service or the United States Postal Service, and a receipt
obtained.
			If the lien creditor has already delivered the certificate to the
clerk&#8217;s office by the time it receives notice from the settlement agent,
the lien creditor shall deliver a copy of the certificate to the settlement
agent within 90 days of the receipt of the notice at the address for
notification set forth in the payoff statement.
			Except as provided for judgment lien creditors in § 8.01-454, if the lien
creditor has not, within 90 days after payment, either provided the certificate
of satisfaction to the settlement agent or delivered it to the clerk&#8217;s
office with the necessary fee for filing, the lien creditor shall forfeit $500
to the lien obligor. No settlement agent or attorney may take an assignment of
the right to the $500 penalty or facilitate such an assignment to any third
party designated by the settlement agent or attorney. Following the 90-day
period, if the amount forfeited is not paid within 10 business days after
written demand for payment is sent to the lien creditor by certified mail at the
address for notification set forth in the payoff statement, the lien creditor
shall pay any court costs and reasonable attorney fees incurred by the obligor
in collecting the forfeiture.

   2. If the note, bond, or other evidence of debt secured by such deed of trust,
   vendor&#8217;s lien, or other lien referred to in subdivision 1 or any
   interest therein has been assigned or transferred to a party other than the
   original lien creditor, the subsequent holder shall be subject to the same
   requirements as a lien creditor for failure to comply with this subsection, as
   set forth in subdivision 1.

C. The certificate of satisfaction shall be signed by the creditor or his duly
authorized agent, attorney, or attorney-in-fact or any person to whom the
instrument evidencing the indebtedness has been endorsed or assigned for the
purpose of effecting such release. An affidavit shall be filed or recorded with
the certificate of satisfaction by the creditor, or his duly authorized agent,
attorney, or attorney-in-fact, with such clerk, stating that the debt therein
secured and intended to be released or discharged has been paid to such creditor
or his agent, attorney, or attorney-in-fact, who was entitled and authorized to
receive such debt when the debt was satisfied.

D. When the certificate of satisfaction has been signed and the affidavit
required by subsection C has been duly filed or recorded with the certificate of
satisfaction with such clerk, the certificate of satisfaction shall operate as a
release of the encumbrance as to which such payment or satisfaction is entered
and, if the encumbrance is by deed of trust, as a reconveyance of the legal
title as fully and effectually as if such certificate of satisfaction were a
formal deed of release duly executed and recorded.

E. Release of lien by settlement agent or title insurance company.
			A settlement agent or title insurance company may release a deed of trust or
judgment lien in accordance with the provisions of this subsection (i) if the
obligation secured by the deed of trust or judgment lien has been satisfied by
payment made by the settlement agent and (ii) whether or not the settlement
agent or title insurance company is named as a trustee under the deed of trust
or otherwise has received the authority to release the lien.

   1. Notice to lienholder.
   				a. After or accompanying payment in full of the obligation secured by a
   deed of trust or judgment lien, a settlement agent or title insurance company
   intending to release a deed of trust or judgment lien pursuant to this
   subsection shall deliver to the lien creditor by certified mail or commercial
   overnight delivery service or the United States Postal Service, and a receipt
   obtained, a notice of intent to release the deed of trust or judgment lien
   with a copy of the payoff letter and a copy of the release to be recorded as
   provided in this subsection.
   				b. The notice of intent to release shall contain (i) the name of the lien
   creditor, the name of the servicer if loan payments on the deed of trust or
   judgment lien are collected by a servicer, or both names; (ii) the name of the
   settlement agent; (iii) the name of the title insurance company if the title
   insurance company intends to release the lien; and (iv) the date of the
   notice. The notice of intent to release shall conform substantially to the
   following form:
   				NOTICE OF INTENT TO RELEASE
   				Notice is hereby given to you concerning the deed of trust or judgment
   lien described on the certificate of satisfaction, a copy of which is attached
   to this notice, as follows:

   The settlement agent identified below has paid the obligation secured by the
   deed of trust or judgment lien described herein or obtained written
   confirmation from you that such obligation has a zero balance.

   2. The undersigned will release the deed of trust or judgment lien described
   in this notice unless, within 90 days from the date this notice is mailed by
   certified mail or commercial overnight delivery service or the United States
   Postal Service, and a receipt obtained, the undersigned has received by
   certified mail or commercial overnight delivery service or the United States
   Postal Service, and a receipt obtained, a notice stating that a release of the
   deed of trust or judgment lien has been recorded in the clerk&#8217;s office
   or that the obligation secured by the deed of trust or judgment lien described
   herein has not been paid, or the lien creditor or servicer otherwise objects
   to the release of the deed of trust or judgment lien. Notice shall be sent to
   the address stated on this form.
   				(Name of settlement agent)
   				(Signature of settlement agent or title insurance company)
   				(Address of settlement agent or title insurance company)
   				(Telephone number of settlement agent or title insurance company)
   				(Virginia RESA registration number of settlement agent at the time the
   obligation was paid or confirmed to have a zero balance)

   Certificate of satisfaction and affidavit of settlement agent or title
   insurance company.
   				a. If, within 90 days following the day on which the settlement agent or
   title insurance company mailed or delivered the notice of intent to release in
   accordance with this subsection, the lien creditor or servicer does not send
   by certified mail or commercial overnight delivery service or the United
   States Postal Service, and a receipt obtained, to the settlement agent or
   title insurance company a notice stating that a release of the deed of trust
   or judgment lien has been recorded in the clerk&#8217;s office or that the
   obligation secured by the deed of trust or judgment lien has not been paid in
   full or that the lien creditor or servicer otherwise objects to the release of
   the deed of trust or judgment lien, the settlement agent or title insurance
   company may execute, acknowledge, and file with the clerk of court of the
   jurisdiction in which the deed of trust or judgment lien is recorded a
   certificate of satisfaction, which shall include (i) the affidavit described
   in subdivision 2 b and (ii) a copy of the notice of intent to release that was
   sent to the lien creditor, the servicer, or both. The certificate of
   satisfaction shall include the settlement agent&#8217;s RESA registration
   number, issued by the Virginia State Bar or the Virginia State Corporation
   Commission, that was in effect at the time the settlement agent paid the
   obligation secured by the deed of trust or judgment lien or obtained written
   confirmation from the lien creditor that such obligation has a zero balance.
   The certificate of satisfaction shall note that the individual executing the
   certificate of satisfaction is doing so pursuant to the authority granted by
   this subsection. After filing or recording the certificate of satisfaction,
   the settlement agent or title insurance company shall mail a copy of the
   certificate of satisfaction to the lien creditor or servicer. The validity of
   a certificate of satisfaction otherwise satisfying the requirements of this
   subsection shall not be affected by the inaccuracy of the RESA registration
   number placed thereon or the failure to mail a copy of the recorded
   certificate of satisfaction to the lien creditor or servicer and shall
   nevertheless release the deed of trust or judgment lien described therein as
   provided in this subsection.
   				b. The certificate of satisfaction used by the settlement agent or title
   insurance company shall include an affidavit certifying (i) that the
   settlement agent has satisfied the obligation secured by the deed of trust or
   judgment lien described in the certificate, (ii) that the settlement agent or
   title insurance company possesses satisfactory evidence of payment of the
   obligation secured by the deed of trust or judgment lien described in the
   certificate or written confirmation from the lien creditor that such
   obligation has a zero balance, (iii) that the lien of the deed of trust or
   judgment lien may be released, (iv) that the person executing the certificate
   is the settlement agent or the title insurance company or is duly authorized
   to act on behalf of the settlement agent or title insurance company, and (v)
   that the notice of intent to release was delivered to the lien creditor or
   servicer and the settlement agent or title insurance company received evidence
   of receipt of such notice by the lien creditor or servicer. The affidavit
   shall be substantially in the following form:
   				AFFIDAVIT OF SETTLEMENT AGENT OR TITLE INSURANCE COMPANY
   				The undersigned hereby certifies that, in accordance with the provisions
   of &#xA7; 55.1-339 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 or title
   insurance company as defined in subsection A of &#xA7; 55.1-339 of the Code or
   a duly authorized officer, director, member, partner, or employee of such
   settlement agent or title insurance company; (b) the settlement agent has
   satisfied the obligation secured by the deed of trust or judgment lien; (c)
   the settlement agent or title insurance company possesses satisfactory
   evidence of the payment of the obligation secured by the deed of trust or
   judgment lien described in the certificate recorded herewith or written
   confirmation from the lien creditor that such obligation has a zero balance;
   (d) the settlement agent or title insurance company has delivered to the lien
   creditor or servicer in the manner specified in subdivision E 1 of &#xA7;
   55.1-339 of the Code the notice of intent to release and possesses evidence of
   receipt of such notice by the lien creditor or servicer; and (e) the lien of
   the deed of trust or judgment lien is hereby released.
   				________________
   				(Authorized signer)

   3. Effect of filing.
   				When filed or recorded with the clerk&#8217;s office, a certificate of
   satisfaction that is executed and notarized as provided in this subsection and
   accompanied by (i) the affidavit described in subdivision 2 b and (ii) a copy
   of the notice of intent to release that was sent to the lender, lien creditor,
   or servicer shall operate as a release of the encumbrance described therein
   and, if the encumbrance is by deed of trust, as a reconveyance of the legal
   title as fully and effectively as if such certificate of satisfaction were a
   formal deed of release duly executed and recorded.

   4. Effect of wrongful or erroneous certificate; damages.
   				a. The execution and filing or recording of a wrongful or erroneous
   certificate of satisfaction by a settlement agent or title insurance agent
   does not relieve the party obligated to repay the debt, or anyone succeeding
   to or assuming the responsibility of the obligated party as to the debt, from
   any liability for the debt or other obligations secured by the deed of trust
   or judgment lien that is the subject of the wrongful or erroneous certificate
   of satisfaction.
   				b. A settlement agent or title insurance agent that wrongfully or
   erroneously executes and files or records a certificate of satisfaction is
   liable to the lien creditor for actual damages sustained due to the recording
   of a wrongful or erroneous certificate of satisfaction.
   				c. The procedure authorized by this subsection for the release of a deed
   of trust or judgment lien shall constitute an optional method of accomplishing
   a release of a deed of trust or judgment lien secured by property in the
   Commonwealth. The nonuse of the procedure authorized by this subsection for
   the release of a deed of trust or judgment lien shall not give rise to any
   liability or any cause of action whatsoever against a settlement agent or any
   title insurance company by any obligated party or anyone succeeding to or
   assuming the interest of the obligated party.

   5. Applicability.
   				a. The procedure authorized by this subsection for the release of a deed
   of trust may be used to effect the release of a deed of trust after July 1,
   2002, regardless of when the deed of trust was created, assigned, or satisfied
   by payment made by the settlement agent. The procedure authorized by this
   subsection for the release of a judgment lien may be used to effect the
   release of such judgment lien after July 1, 2021, regardless of when the
   judgment lien was created, assigned, or satisfied by payment made by the
   settlement agent.
   				b. This subsection applies only to transactions involving the purchase of
   or lending on the security of real estate located in the Commonwealth that is
   either (i) unimproved real estate with a lien to be released of $1 million or
   less or (ii) real estate containing at least one but not more than four
   residential dwelling units.
   				c. The procedure authorized by this subsection applies only to the full
   and complete release of a deed of trust or judgment lien. Nothing in this
   subsection shall be construed to authorize the partial release of property
   from a deed of trust or judgment lien or otherwise permit the execution or
   recordation of a certificate of partial satisfaction.

HISTORY: Code 1919, § 6456; 1926, p. 80; 1930, p. 69; 1932, p. 120; 1944, p.
198; Code 1950, § 55-66.3; 1958, c. 14; 1962, c. 39; 1972, c. 280; 1975, c.
469; 1980, c. 116; 1986, c. 462; 1987, c. 673; 1988, c. 546; 1991, c. 414; 1996,
cc. 895, 949; 1997, c. 221; 2000, c. 28; 2001, c. 711; 2002, cc. 845, 862; 2003,
c. 745; 2004, c. 596; 2006, c. 907; 2009, cc. 254, 421; 2010, c. 236; 2019, c.
712; 2021, Sp. Sess. I, c. 486.