Upon the return of a forthcoming bond to the clerk's office in the manner prescribed by § 8.01-527, it shall be the duty of the clerk to endorse thereon the date of such return, and his fee as provided by law for recordation of items specified herein, and to record in a book to be kept by him for the purpose, the date of such bond and of the return endorsed thereon, the amount of the penalty thereof, the amount, the payment whereof will discharge such penalty, and the names of the obligee and obligor to such bond. Such bond, when so returned to the clerk's office aforesaid, shall constitute a lien on the real estate of the obligor.
§ 8.01-529.When bond returned, how endorsed and recorded by clerk; lien.
Chapter 19. Forthcoming Bonds · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen a forfeited forthcoming bond is returned to the clerk, he endorses the return date, records the bond’s date, penalty amount, discharge amount, and the parties’ names in a dedicated book, and the recorded bond then becomes a lien on the obligor’s real estate.
Full Text of § 8.01-529
Plain-English Summary
When a forfeited forthcoming bond comes back to the clerk’s office as § 8.01-527 requires, this section tells the clerk exactly what to do with it. He endorses the bond with the date of return and collects his statutory recording fee, then enters the details in a dedicated record book: the date of the bond, the date it was returned, the penalty amount stated in the bond, the amount that would discharge that penalty, and the names of the obligee and obligor.
That recordation is not just bookkeeping; it creates a lien. Once the bond is returned and recorded, it attaches as a lien against the obligor’s real estate, giving the creditor a claim on real property to back up the debt the bond represents.
For anyone searching land records, this recorded bond functions much like a docketed judgment: it puts later purchasers and lienholders on notice that the obligor’s real estate is already encumbered.
Frequently Asked Questions
What does the clerk endorse on the bond when it is returned?
The date of the return, and his fee as provided by law for recordation.
What information goes into the clerk’s record book?
The date of the bond and of the return endorsed on it, the amount of the penalty, the amount whose payment will discharge that penalty, and the names of the obligee and obligor.
What legal effect does recording the bond have?
It constitutes a lien on the real estate of the obligor.
Which section governs how the bond gets returned to the clerk in the first place?
Section 8.01-527.
Whose real estate does the lien attach to?
The obligor’s.
Amendment History
Code 1950, § 8-458; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: forthcoming bond lien real estate virginiaclerk record forthcoming bond virginiabond lien obligor virginia codeforthcoming bond recordation