Amount A couple asks brand new Legal to remove the newest lien linked to the following mortgage pursuant in order to Va
Counts A couple of due to Four fall for comparable cause. Password Ann. 55-66.5. (Dkt. thirty-five on ECF 8). Due to the fact related right here, this law allows a court to remove a lien “upon evidence your encumbrance might have been paid down otherwise discharged.” Virtual assistant. Password Ann. 55-66.5(A); discover, e.g., Sovereign Title Co. v. First Connection Nat. Lender, 51 Va. Cir. 495 on *11 (2000) (purchasing elimination of a good lien pursuant to that particular law). Since, once the explained significantly more than, brand new heirs have not introduced facts that would create a reasonable jury to get one to “new burden has been paid down or discharged,” new defendants need summary judgment about claim.
At the same time, Amount Around three requests for compensatory injuries based on Beneficial’s refusal so you can eliminate the lien of this next financing. (Dkt. thirty five in the ECF 9). But once the discussed a lot more than, a fair jury could not find that the next loan is released, and so the defendants are entitled to conclusion view on this count as well.
Matter Five requests for an effective declaratory wisdom your defendants was maybe not entitled to foreclose with the household otherwise incorporate people property foreclosure-relevant can cost you on lien into the possessions. (Dkt. thirty-five in the ECF 10-12). The theory root these requests again is the fact that tried property foreclosure is unlawful as the Beneficial had cancelled the second loan, but don’t eliminated the fresh relevant lien that has been towards the property. (Id.).
But when far more, once the zero reasonable jury can find your 2nd financing try cancelled, brand new defendants deserve bottom line wisdom about allege
Beneficial marketed the loan for the possessions to Carrington into the , during the pendency regarding the legal actions. Read more “Amount A couple asks brand new Legal to remove the newest lien linked to the following mortgage pursuant in order to Va”
