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Small v. Federal Nat'l Mortgage Ass'n
130317 Small v. Federal Nat'l Mortgage Ass'n 09/12/2013 In response to certified questions of law presented to the Court by a federal district court pursuant to Article VI, Section 1 of the Constitution of Vir…
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130317 Small v. Federal Nat'l Mortgage Ass'n 09/12/2013 In response to certified questions of law presented to the Court by a fed…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Sep 12, 2013
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130317 Small v. Federal Nat'l Mortgage Ass'n 09/12/2013 In response to certified questions of law presented to the Court by a federal district court pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, it is held that a clerk of court in Virginia lacks statutory standing to initiate a lawsuit, in his official capacity, to enforce the real estate transfer tax on the recording of instruments under Code §§ 58.1-801 and -802. Because the ministerial duties of a clerk of court do not extend to enforcing the state taxes at issue, the first certified question is answered in the negative and the second certified question is not addressed as a result.
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