Question:
a. In April of 2000, Jeff Jones obtained a judgment against Duncan Brinker in the amount of $6,000.00, and docketed the judgment in Fairfax County.
b. In June of 2002, Brinker conveyed Lot 50, Shades of Gray Acres, to Linda Lovelink by deed of gift.
c. In August of 2005, Lovelink borrowed $150,000.00 from Bank of Fairfax which secured its loan with a first deed of trust on Lot 50.
d. In March of 2017, Lovelink defaulted on the note, and Bank of Fairfax commenced foreclosure proceedings. A search reveals the 2000 judgment, and counsel for Bank of Fairfax advises that Jones can’t be located and may be a fugitive, and inquires if the judgment lien still affects the title to the property.
How do you advise?
a. The judgment is still a lien on title.
b. The judgment is no longer a lien under Virginia’s 10 year rule.
c. The judgment is no longer a lien because Jones cannot be located.
d. The judgment is no longer a lien if Jones is a fugitive.
Answer:
a. The lien is still good – the Virginia 10 year rule only applies to purchasers for value, and Ms. Lovelink was the grantee of a deed of gift. The fact that Jones is unavailable and perhaps a fugitive is not relevant.
