2006 Code of Virginia § 8.01-268 - When and how docketed and indexed

8.01-268. When and how docketed and indexed.

A. No lis pendens or attachment shall bind or affect a subsequent bona fidepurchaser of real or personal estate for valuable consideration and withoutactual notice of such lis pendens or attachment, until and except from thetime a memorandum setting forth the title of the cause or attachment, thegeneral object thereof, the court wherein it is pending, the amount of theclaim asserted by the plaintiff, a description of the property, and the nameof the person whose estate is intended to be affected thereby, shall beadmitted to record in the clerk's office of the circuit court of the countyor the city wherein the property is located; or if it be in that part of theCity of Richmond lying north of the south bank of the James River andincluding the islands in such river, in the clerk's office of the CircuitCourt, Division I, of such city, or if it be in the part of the City ofRichmond lying south of the south bank of the James River, in the clerk'soffice of the Circuit Court, Division II, of such city. Clerks of circuitcourts are authorized and directed to admit to record memoranda of lispendens or attachment for actions pending in any court of this Commonwealth,or in any other state, federal, or territorial court. The provisions of thissection shall not be construed to mean that any such memoranda heretoforerecorded are not properly of record. Such memorandum shall not be deemed tohave been recorded unless and until indexed as required by law.

B. No memorandum of lis pendens shall be filed unless the action on which thelis pendens is based seeks to establish an interest by the filing party inthe real property described in the memorandum.

(Code 1950, 8-142; 1973, c. 544; 1976, c. 178; 1977, c. 617; 1988, c. 503.)