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The Vermont Statutes Online

 

Title 12: Court Procedure

Chapter 113: JUDGMENT LIEN

  • § 2901. Creation of judgment lien

    A final judgment issued in a civil action or a restitution order entered under 13 V.S.A. § 7043 shall constitute a lien on any real property of a judgment debtor if recorded as provided in this chapter. (Added 1979, No. 67, § 3, eff. date, see note set out below; amended 2007, No. 40, § 1.)

  • § 2902. Relation to other remedies

    The lien created by this chapter shall be in addition to and separate from any other remedy or interest created by law or contract. Any judgment lien filed on real property which has been attached in the suit in which the judgment is rendered shall relate back to the date of attachment if the judgment is recorded within 60 days after it becomes final. (Added 1979, No. 67, § 3, eff. date, see note set out below.)

  • § 2903. Duration and effectiveness

    (a) A judgment lien shall be effective for eight years from the issuance of a final judgment on which it is based except that an action to foreclose the judgment lien during the eight-year period shall extend the period until the termination of the foreclosure suit if a copy of the complaint is filed in the land records on or before eight years from the issuance of the final judgment.

    (b) A judgment that is renewed or revived pursuant to section 506 of this title shall constitute a lien on real property for eight years from the issuance of the renewed or revived judgment if recorded in accordance with this chapter. The renewed or revived judgment shall relate back to the date on which the original lien was first recorded if a copy of the complaint to renew the judgment was recorded in the land records where the property lies within eight years after the rendition of the judgment, and the renewed or revived judgment is subsequently recorded in accordance with this chapter.

    (c) Interest on a judgment lien shall accrue at the rate of 12 percent per annum.

    (d) If a judgment lien is not satisfied within 30 days of recording, it may be foreclosed and redeemed as provided in this title and V.R.C.P. 80.1. Unless the court finds that as of the date of foreclosure the amount of the outstanding debt exceeds the value of the real property being foreclosed, chapter 172 of this title shall apply to foreclosure of a judgment lien. (Added 1979, No. 67, § 3, eff. date, see note set out below; amended 1979, No. 173 (Adj. Sess.), § 26, eff. April 30, 1980; 2009, No. 132 (Adj. Sess.), § 9, eff. May 29, 2010; 2011, No. 102 (Adj. Sess.), § 4, eff. May 5, 2012; 2019, No. 167 (Adj. Sess.), § 10, eff. October 7, 2020.)

  • § 2904. Recording

    A judgment creditor may record a judgment lien at any time within eight years from the date the judgment becomes final in the town clerk's office of any town where real property of the debtor is located. Recording shall consist of filing a copy of the judgment with date when it became final, certified by the clerk of the court issuing the judgment. The certification shall be recorded by the town clerk in the land records. (Added 1979, No. 67, § 3, eff. date, see note set out below.)

  • § 2905. Discharge of judgment lien

    A judgment lien shall be discharged in the same manner as a mortgage pursuant to 27 V.S.A. chapter 5. The obligation to discharge and liability for breach of that obligation shall be as provided in 27 V.S.A. § 464. (Added 1979, No. 67, § 3, eff. date, see note set out below.)