Matters Several owing to Four be seduced by comparable reasoning. Password Ann. 55-66.5. (Dkt. thirty-five at the ECF 8). Since associated here, it statute lets a court to remove a beneficial lien “abreast of research that the burden has been paid down or released.” Va. Code Ann. 55-66.5(A); see, e.grams., Sovereign Label Co. v. Earliest Commitment Nat. Bank, 51 Va. Cir. 495 at *eleven (2000) (buying removal of good lien pursuant compared to that law). Since, since the explained above, the fresh heirs haven’t introduced evidence who enable it to be a fair jury discover you to “this new burden has been repaid otherwise released,” the fresh defendants deserve realization judgment on this subject allege.
Concurrently, Number Around three asks for compensatory injuries predicated on Beneficial’s refusal so you can eliminate the lien of this 2nd mortgage. (Dkt. thirty-five within ECF nine). But while the talked about significantly more than, a fair jury could not discover that the next loan are released, and so the defendants have earned realization judgment with this matter too.
Matter Five asks for a declaratory wisdom your defendants are perhaps not eligible to foreclose on domestic or create people foreclosures-associated can cost you for the lien for the possessions. (Dkt. Read More
