Matters Several as a consequence of Five be seduced by quite similar need. Password Ann. 55-66.5. (Dkt. thirty five on ECF 8). As the associated here, this law lets a court to eradicate a beneficial lien “on proof that the burden could have been reduced or released.” Va. Code Ann. 55-66.5(A); see, e.grams., Sovereign Identity Co. v. Very first Connection Nat. Bank, 51 Virtual assistant. Cir. 495 in the *eleven (2000) (buying removal of an excellent lien pursuant to that particular statute). As, as said over, the brand new heirs have not lead proof who does enable it to be a good jury to obtain you to definitely “the fresh burden might have been paid off otherwise discharged,” new defendants need summary wisdom on this subject claim.
As well, Count Three requests for compensatory damages based on Beneficial’s refusal so you’re able to eliminate the lien regarding the 2nd loan. (Dkt. (more…)
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