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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33757
Experience:  Attorney with 15 years experience in various consumer protection areas
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how does an out of state foreclosure deficiency judgement become

Resolved Question:

how does an out of state foreclosure deficiency judgement become domesticated in VA? The judgment is for $57,000 from RBC Bank is SC. How frequently are judgements from SC domesticated in VA or another state?
Submitted: 6 years ago.
Category: Consumer Protection Law
Expert:  Barrister replied 6 years ago.

Hello,

 

In order to docket a foreign (out-of-state) civil judgment, the following is required:


- A certified copy or abstract of the judgment from the foreign jurisdiction;
- An affidavit from the Plaintiff or Plaintiff's counsel, stating the last known address of the Plaintiff and Defendant; and
- Payment of $25.00 in cash, check, or money order made payable to the Clerk of Circuit Court.
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So basically all they have to do is mail a certified copy, the Affidavit and payment of $25 to the Clerk.

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There is no established percentage of foreign judgments are recorded. Each file is evaluated on a case by case basis, and the decision is made by the individual lender. In cases where it would be pointless to do so because the debtor has no other assets, they would not pursue it. If they have done an asset search and it shows that the debtor has assets that may be readily seized to apply to any deficiency judgment, it is likely they will pursue it.

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Thanks

Matt

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Customer: replied 6 years ago.

We were under the impression that it was a lengthy (perhaps cumbersome) procedure for an out of state bank to domesticate the judgement in VA. This information was obtained from our bankruptcy attorney. Can you be more specific about the process for VA particularly for foreclosure deficiency judgements? Thanks.

Expert:  Barrister replied 6 years ago.

The law in Virginia does not distinguish between a "copy of a foreign judgment" and an "abstract of the judgment" in terms of recording a foreign judgment. Additionally, it does not separate creditor judgments based on the underlying source. A personal injury award judgment is treated the same as a deficiency judgment or a property damage judgment.

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The essence of the procedure in Virginia is that the creditor or the creditor's attorney obtains an "exemplified judgment from another state, and records it in the circuit court of any city or county in Virginia, and gives the debtor notice of that recording. The creditor must provide the clerk with an affidavit setting forth the last know address of the judgment debtor and the address of the judgment creditor. If the debtor does not respond to set aside the judgment within twenty one (21) days from the filing date, the judgment will then be enforceable as if it were a Virginia judgment.

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If the procedure has been correctly followed, and the judgment properly filed, the foreign judgment may be enforced in Virginia for twenty (20) years from the date of the domestication, no matter what statutory limitations applied in the state of origin.

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Moreover, that judgment, once filed, may be extended in the same manner as if it were a Virginia judgment, pursuant to Virginia Code §8.01-251.

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So no, it is not a very difficult procedure to get the judgment recorded and recognized.

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Thanks

Matt

 

 

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