Matters One or two due to Four fall for comparable reasoning. Password Ann. 55-66.5. (Dkt. thirty-five from the ECF 8). Just like the relevant right here, that it statute lets a courtroom to remove a good lien “up on facts your burden has been paid otherwise released.” Virtual assistant. Code Ann. 55-66.5(A); pick, age.grams., Sovereign Name Co. v. Earliest Commitment Nat. Bank, 51 Va. Cir. 495 at *11 (2000) (ordering elimination of good lien pursuant to that law). Due to the fact, since told me a lot more than, the fresh heirs have not introduced proof who does enable it to be a good jury locate you to definitely “the fresh new encumbrance could have been paid back otherwise discharged,” the fresh new defendants have earned conclusion view about this allege.

Concurrently, Count Three requests for compensatory injuries based on Beneficial’s refusal so you can get rid of the lien on the second loan. (Dkt. thirty-five on ECF nine). But since the discussed over, a reasonable jury cannot find that the second mortgage is discharged, and so the defendants deserve bottom line view about this number as well.

Amount Five asks for an effective declaratory view the defendants try perhaps not permitted foreclose on home or create any foreclosures-related can cost you for the lien on possessions. (Dkt. thirty-five at ECF 10-12). The concept hidden these types of needs again is the fact that the attempted foreclosures try unlawful while the Useful had terminated the next financing, but do not got rid of the fresh relevant lien that was to your possessions. (Id.).Continue reading →