reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-300. Form of a deed

Every deed and corrected or amended deed may be made in the following form, or to the same effect: "This deed, made the ______ day of ______, in the year ____, between (here insert names of parties as grantors or grantees), witnesseth: that in consideration of (here state the consideration, nominal or actual), the said ________ does (or do) grant (or grant and convey) unto the said ________, all (here describe the property or interest therein to be conveyed, including the name of the city or county in which the property is located, and insert covenants or any other provisions). Witness the following signature (or signatures)."
No deed recorded on or after July 1, 2020, shall contain a reference to the specific portion of a restrictive covenant purporting to restrict the ownership or use of the property as prohibited by subsection A of § 36-96.6. The clerk may refuse to accept any deed submitted for recordation that references the specific portion of any such restrictive covenant. The attorney who prepares or submits a deed for recordation has the responsibility of ensuring that the specific portion of such a restrictive covenant is not specifically referenced in the deed prior to such deed being submitted for recordation. A deed may include a general provision that states that such deed is subject to any and all covenants and restrictions of record; however, such provision shall not apply to the specific portion of a restrictive covenant purporting to restrict the ownership or use of the property as prohibited by subsection A of § 36-96.6. Any deed that is recorded in the land records on or after July 1, 2020, that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property.
Code 1919, § 5162; Code 1950, § 55-48; 1990, cc. 208, 374; 2011, c. 701; 2014, c. 338; 2019, c. 712; 2020, c. 748.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-300.1. Certificate of Release of Certain Prohibited Covenants

Any restrictive covenant prohibited by subsection A of § 36-96.6 may be released by the owner of real property subject to such covenant by recording a Certificate of Release of Certain Prohibited Covenants. The real property owner may record such certificate (i) prior to recordation of a deed conveying real property to a purchaser or (ii) when such real property owner discovers that such prohibited covenant exists and chooses to affirmatively release the same. Such certificate may be prepared without assistance of an attorney, but shall conform substantially to the following Certificate of Release of Certain Prohibited Covenants form:
"CERTIFICATE OF RELEASE OF CERTAIN PROHIBITED COVENANTS
Place of Record: ________
Date of Instrument containing prohibited covenant(s): ____
Instrument Type: __________
Deed Book ____ Page ___ or Plat Book ____ Page___
Name(s) of Grantor(s): ________
Name(s) of Current Owner(s): ________
Real Property Description: ________
Brief Description of Prohibited Covenant: ________
The covenant contained in the above-mentioned instrument is released from the above-described real property to the extent that it contains terms purporting to restrict the ownership or use of the property as prohibited by subsection A of § 36-96.6.
The undersigned is/are the legal owner(s) of the property described herein.
Given under my/our hand(s) this ____ day of ____ , 20__.
________
________
(Current Owners)
Commonwealth of Virginia,
County/City of ______ to wit:
Subscribed, sworn to, and acknowledged before me by ______ this ____ day of ____, 20__.
My Commission Expires: ______
________
NOTARY PUBLIC
Notary Registration Number: ______
The clerk shall satisfy the requirements of § 17.1-228."
2020, c. 748.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-301. How construed

Unless the deed provides otherwise, any deed conveying land shall be construed to include all the estate, right, title, and interest, both at law and in equity, of the grantor in or to such land.
Code 1919, § 5163; Code 1950, § 55-49; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-302. Construction of generic terms

In the interpretation of deeds, adopted persons and persons born out of wedlock are included in class gift terminology or terms of relationship in accordance with rules for determining relationships for purposes of intestate succession unless a contrary intent appears on the face of the deed. In determining the intent of a grantor, adopted persons are presumptively included in such terms as "children," "issue," "kindred," "heirs," "relatives," "descendants," or similar words of classification and are presumptively excluded by such terms as "natural children," "issue of the body," "blood kindred," "heirs of the body," "blood relatives," "descendants of the body," or similar words of classification.
1987, c. 604, § 55-49.1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-303. Appurtenances, etc., included in deed of land

Every deed conveying land shall be construed to include all buildings, privileges, and appurtenances of every kind belonging to such land unless an exception is made in the deed.
Code 1919, § 5168; Code 1950, § 55-50; 1992, c. 373; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-304. Relocation of easement

The owner of land that is subject to an easement for the purpose of ingress and egress may relocate the easement, on the servient estate, by recording in the office of the clerk of the circuit court of the county or city in which the easement or any part of such easement is located, a written agreement evidencing the consent of all affected persons and setting forth the new location of the easement. In the absence of such written agreement, the owner of the land that is subject to such easement may seek relocation of the easement on the servient estate upon petition to the circuit court and notice to all parties in interest. The petition shall be granted if, after a hearing held, the court finds that (i) the relocation will not result in economic damage to the parties in interest, (ii) there will be no undue hardship created by the relocation, and (iii) the easement has been in existence for not less than 10 years.
Code 1919, § 5168; Code 1950, § 55-50; 1992, c. 373; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-305. Enjoyment of easement

Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects either upon the burdened land or immediately adjacent to such land that unreasonably interferes with the enjoyment of the easement by the owner of the dominant estate. For the purposes of this section, "object" does not include any fence, electric fence, cattle guard, gate, or division fence adjacent to such easement as those terms are defined in §§ 55.1-2800 through 55.1-2826. Any violation of this section may be deemed a private nuisance, provided, however, that the remedy for a violation of this section shall not in any manner impair the right to any other relief that may be applicable at law or in equity.
2003, c. 774, § 55-50.1; 2007, c. 931; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-306. Utility easements

A. For the purposes of this section, "utility services" means any products, services, and equipment related to energy, broadband and other communications services, water, and sewerage.
B. Where an easement, whether appurtenant or gross, is expressly granted by an instrument recorded on or after July 1, 2006, that imposes on a servient tract of land a covenant (i) to provide an easement in the future for the benefit of utility services; (ii) to relocate, construct, or maintain facilities owned by an entity that provides utility services; or (iii) to pay the cost of such relocation, construction, or maintenance, such covenant shall be deemed for all purposes to touch and concern the servient tract, to run with the servient tract, its successors, and assigns for the benefit of the entity providing utility services, its successors, and assigns.
2006, c. 795, § 55-50.2; 2019, c. 712; 2020, cc. 1131, 1132.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-307. Public road easements; maintenance and improvements

Whenever a public road that has never been abandoned but is no longer publicly maintained serves as access for more than one property owner and operates as the primary source of ingress and egress for that property, any one of the property owners may maintain, repair, or improve the road at his own expense without the express permission of the other property owners but only after administrative review by the local government. All other property owners shall be notified by mail of any pending maintenance, repair, or improvements prior to commencement of the work. Nothing in this section shall be construed as allowing the property owner who is doing the maintenance, repairs, or improvements to the road to interfere with the other property owners' use of the road for ingress and egress.
2008, c. 599, § 55-50.3; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-308. Private roads; public use; maintenance and improvements

Notwithstanding any provision of a recorded deed or plat to the contrary, a private road serving a subdivision of 50 or fewer lots may be dedicated for public use and may be taken into the secondary state highway system, subject to the provisions and requirements set forth in §§ 33.2-335 and 33.2-336, if the owner of the fee interest in such private road obtains the written consent of every lot owner in the subdivision whose lot is served by the private road and the holder of any restrictive covenant or easement rights over and concerning the private road prior to making such dedication and before requirements for acceptance of the road into the secondary state highway system are met. Such consent shall be recorded in the land records of the clerk's office of the circuit court of the county in which the private road is located.
2015, c. 495, § 55-50.4; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-309. Deeds good between parties

Any deed, or a part of a deed, that fails to take effect by virtue of this chapter shall, nevertheless, be as valid and effectual and as binding upon the parties, so far as the rules of law and equity permit, as if this chapter had not been enacted.
Code 1919, § 5169; Code 1950, § 55-51; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-310. Conveyance of property not owned but subsequently acquired

When a deed purports to convey property, real or personal, describing it with reasonable certainty, that the grantor does not own at the time of the execution of the deed, but subsequently acquires, such deed shall, as between the parties, have the same effect as if the title that the grantor subsequently acquires were vested in him at the time of the execution of such deed and thereby conveyed.
Code 1919, § 5202; Code 1950, § 55-52; 1958, c. 424; 1990, c. 831; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-311. Vendor's equitable lien abolished

If any person conveys any real estate and the purchase money or any part thereof remains unpaid at the time of the conveyance, he shall not thereby have a lien for such unpaid purchase money, unless such lien is expressly reserved on the face of the conveyance.
Code 1919, § 5183; Code 1950, § 55-53; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-312. Certain deeds to county real estate validated

All deeds executed prior to January 1, 1920, by a county commissioner, county commissioners, or a board of supervisors that convey any part of the real estate previously acquired by such county for county purposes are hereby validated and declared to have effectually passed the title to the part so conveyed even though the conveyance thereof reduced the real estate of the county to an area less than the county was required by law to own at the time of such conveyance.
1934, p. 228; Michie Code 1942, § 5183a; Code 1950, § 55-54; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-313. Validation of sales, etc., by county courts prior to 1860

All sales or leases made prior to the year 1860 by the county court, or court of monthly session, of any county of any land or building then owned by such county and situated within the limits of land previously acquired by such county as a site for its courthouse and other public buildings, when the consideration therefor has been fully paid and the purchaser, or lessee as the case may be, and those claiming through or under him, shall have held continuous possession of such land or building from January 1, 1860, until January 1, 1934, are hereby validated and declared to be forever binding upon such county.
1934, p. 311; Michie Code 1942, § 5183b; Code 1950, § 55-55; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-314. Deeds and writings executed for persons in military service, etc., under defective powers

All deeds or other writings executed by an agent or attorney-in-fact for a person in the armed forces or military service of the United States, or for a person who after executing a power of attorney or agency agreement entered the armed forces or military service of the United States, or for a person who departed from the United States by permission or direction of any department or official of the United States in connection with work relating to the prosecution of the war, when the power of attorney or agency agreement under which the deed or other instrument was signed was not executed in such a manner as to be valid as a sealed instrument, shall be held, and the same are hereby declared, valid and effective in all respects if otherwise valid according to the law then in force.
The provisions of this section shall not operate to affect adversely intervening vested rights.
1946, p. 190; Michie Suppl. 1946, § 5145a; Code 1950, § 55-56; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-315. Effect of option; recording

A. Any option to purchase real estate, and any memorandum, renewal, or extension of such option, shall be void as to (i) all purchasers for valuable consideration without notice who are not parties to such instrument and (ii) lien creditors, until such instrument is recorded in the county or city in which the property embraced in the option, memorandum, renewal, or extension is located.
B. Notwithstanding any rule of law or equity denominated "fettering," "clogging the equity of redemption" or "claiming a collateral advantage" or any similar rule:
1. A party secured by a mortgage or deed of trust, without adversely affecting his security interest, may acquire from a borrower any direct or indirect present or future ownership interest in the collateral encumbered thereby, including rights to any income, proceeds, or increase in value derived from such collateral; and
2. An option to acquire an interest in real estate granted to a party secured by a mortgage or deed of trust, other than an option granted to such party in connection with a mortgage loan as defined in § 6.2-1600, is effective according to its terms and takes priority as provided in subsection A if the right to exercise the option is not dependent upon the occurrence of a default under the mortgage or deed of trust.
1989, c. 596, § 55-57.2; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-316. Form of deed of trust to secure debts, etc.

A deed of trust to secure debts or indemnify sureties may be in the following form, or to the same effect: "This deed, made the ________ day of ______, in the year ____, between ________ (the grantor) and ________ (the trustee), witnesseth: that the said ________ (the grantor) does (or do) grant (or grant and convey) unto the said ________ (the trustee), the following property (here describe it): In trust to secure (here describe the debts to be secured or the sureties to be indemnified and insert covenants or any other provisions the parties may agree upon). Witness the following signature (or signatures)."
Code 1919, § 5166; Code 1950, § 55-58; 1990, c. 374; 2014, c. 338; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-317. Requirements for trustees

A. No person may be named or act, in person or by agent or attorney, as the trustee of a deed of trust conveying property to secure the payment of money or the performance of an obligation, either individually or as one of several trustees, unless such person is a resident of the Commonwealth. No corporation, limited liability company, partnership, or other entity may be named or act as the trustee or as one of the trustees of a deed of trust conveying property to secure the payment of money or the performance of an obligation, unless it is organized under the laws of the Commonwealth or of the United States. However, the foregoing requirements shall not apply to any deed of trust conveying property lying partly in the Commonwealth and partly outside the Commonwealth or to a deed of trust conveying property in the Commonwealth to secure bonds or obligations that are also secured by one or more deeds of trust or mortgages conveying property outside of the Commonwealth.
B. A deed of trust conveying property to secure the payment of money or the performance of an obligation shall state the full residence or business address of the trustee named in such deed of trust, including street address and zip code, and such address shall be valid for purposes of all notices under the deed of trust to the trustee. Such address of the trustee may be changed by amendment of the deed of trust or by a separate instrument executed by the trustee, or by the beneficiary of such deed of trust, stating the changed address and otherwise in recordable form, and recorded in the office of the clerk of the circuit court where the deed of trust was recorded.
C. Notwithstanding any other provisions of this section, if any deed of trust is recorded by a clerk, it shall be conclusively presumed that such deed of trust complies with all the requirements of this section, and it shall be deemed to be validly recorded.
D. All deeds of trusts, mortgages, bonds, or other instruments recorded by a clerk prior to January 1, 1999, without the residence or business address of the trustee named in such deed of trust shall be valid for all purposes as if such address had been named if such recordation is otherwise valid according to the law then in force, provided that this section shall not affect any right or remedy of any third party that accrued after the recordation of such instrument or before July 1, 1960.
1960, c. 565, § 55-58.1; 1962, c. 156; 1966, c. 398; 1974, c. 424; 1998, c. 202; 2014, c. 338; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-318.1. Effect of amendment to loan document on deed of trust

A deed of trust that has been recorded and that states that it secures indebtedness or other obligations under a loan document and that it also secures indebtedness or other obligations under such loan document as it may be amended, modified, supplemented, or restated shall secure such loan document as amended, modified, supplemented, or restated from time to time, without the necessity of recording an amendment to such deed of trust and without regard to whether any such amendment, modification, supplement, or restatement may otherwise constitute a novation of the indebtedness or other obligations under the loan document, and shall have the same priority as the priority of the original deed of trust recorded. The foregoing provision shall not apply to any amendment, modification, supplement, or restatement of such loan document if (i) the deed of trust securing such loan document conveys an interest in residential real estate containing not more than one dwelling unit or (ii) such amendment, modification, supplement, or restatement of such loan document (a) increases the aggregate amount of the principal of the indebtedness secured by the original deed of trust, (b) changes or substitutes the noteholder, lender, or agent of any lender named in the original loan document, or (c) extends the maturity date of the indebtedness or obligation secured if such maturity date was set forth in the original deed of trust, and the effect of any such amendment, modification, supplement, or restatement shall be governed by the law that would otherwise apply without regard to this section. For the purposes of this section, "loan document" includes a note, loan agreement, credit agreement, or other document evidencing a loan or other indebtedness.
2021, Sp. Sess. I, c. 13.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-322. Advertisement required before sale by trustee

A. Advertisement of sale by a trustee or trustees in execution of a deed of trust shall be in a newspaper having a general circulation in the county or city in which the property to be sold, or any portion of such property, lies pursuant to the following provisions:
1. If the deed of trust itself provides for the number of publications of such newspaper advertisement, which may be done by using the words "advertisement required" or similar words followed by the number agreed upon, then no other or different advertisement shall be necessary, provided that, if such advertisement be inserted on a weekly basis, it shall be published not less than once a week for two weeks, and if such advertisement be inserted on a daily basis, it shall be published not less than once a day for three days, which may be consecutive days, and in either case shall be subject to the provisions of § 55.1-330 in the same manner as if the method were set forth in the deed of trust. Should the deed of trust provide for advertising on other than a weekly or daily basis, either of the foregoing provisions shall be complied with in addition to those provided in such deed of trust. Notwithstanding the provisions of the deed of trust, the sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement or more than 30 days following the last advertisement.
2. If the deed of trust does not provide for the number of publications of such newspaper advertisement, the trustee shall advertise once a week for four successive weeks, provided, however, that if the property or some portion of such property is located in a city or in a county immediately contiguous to a city, publication of the advertisement five different days, which may be consecutive days, shall be deemed adequate. The sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement or more than 30 days following the last advertisement.
B. Such advertisement shall be placed in that section of the newspaper where legal notices appear or where the type of property being sold is generally advertised for sale.
C. In addition to the advertisement required by subsection A, the trustee shall give such other further and different advertisement as the deed of trust may require and in addition may give such additional advertisement as he may deem appropriate.
D. In the event of postponement of sale, which postponement shall be at the discretion of the trustee, advertisement of such postponed sale shall be in the same manner as the original advertisement of sale.
E. Failure to comply with the requirements for advertisement contained in this section shall, upon petition, render a sale of the property voidable by the court.
1979, c. 12, § 55-59.2; 1990, c. 749; 1992, c. 550; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-323. Contents of advertisements of sale

A. The advertisement of sale under any deed of trust, in addition to such other matters as may be required by such deed of trust or by the trustee, in his discretion, shall set forth a description of the property to be sold. Such description need not be as extensive as that contained in the deed of trust, but it shall identify the property by street address, if any, or, if none, shall give the general location of the property with reference to streets, routes, or known landmarks. Where available, tax map identification may be used but is not required. The advertisement shall also include the time, place, and terms of sale and shall give the name or names of the trustee or trustees. It shall set forth the name, address, and telephone number of a person, either a trustee or the party secured or his agent or attorney who may be able to respond to inquiries concerning the sale.
B. 1. If the property being sold is a time-share estate, the advertisement of sale required under subsection A of § 55.1-322 shall set forth, in addition to such other matters as the trustee finds appropriate, (i) a description of the specific time-share estate or estates to be sold, and such description shall also include (a) the name of the time-share project and (b) the street address of the time-share project or, if no street address, the general location of the time-share project with reference to streets, routes, or known landmarks; (ii) the date, time, place, and terms of sale; (iii) the name of the trustee; and (iv) the name, address, and telephone number of the representative, agent, or attorney who is authorized to respond to inquiries concerning the sale and shall give additional information concerning the time-share estate or estates to be sold.
2. In lieu of the requirements of subdivision 1, the advertisement shall set forth (i) the name of the time-share project in which the time-share estate or estates to be sold are contained; (ii) the street address of the time-share project in which the time-share estate or estates to be sold are contained or, if no street address, the general location of the time-share project with reference to streets, routes, or known landmarks; (iii) the date, time, place, and terms of sale; (iv) the name of the trustee; and (v) the name, address, and telephone number of the representative, agent, or attorney who is authorized to respond to inquiries concerning the sale and shall give additional information concerning the time-share estate or estates to be sold, including providing, upon request, in either hard copy or electronic form, a schedule of the time-share estate or estates to be sold. In addition, the advertisement shall contain a website address where a description of the specific time-share estate or estates to be sold is displayed.
1979, c. 12, § 55-59.3; 2015, cc. 23, 401; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-326. Evidences of indebtedness placed on equal footing

When bonds, notes, or other evidences of indebtedness are secured by a deed of trust, mortgage, vendor's lien, or other lien, such bonds, notes, or other evidences of indebtedness shall, in the event the lien is executed or foreclosed, be secured on an equal footing and shall be paid ratably out of the proceeds of any sale of property subjected to the lien and shall have no priority, the one over the other, whether by priority of assignment or otherwise, unless the instrument creating the lien expressly provides otherwise.
1934, p. 516; Michie Code 1942, § 6457a; Code 1950, § 55-60.1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-327. Sales under deeds of trust that contain no maturity date or provision authorizing sale

When any property, real or personal, is conveyed by deed of trust to a trustee to secure the payment of a debt, money, notes, bonds, stocks, or other evidences of debt and there is no date fixed for the maturity thereof and such deed of trust contains no provision authorizing the trustee to make sale of such property, or any part thereof, and the reinvestment of the proceeds of sale in other property subject to the terms of such deed of trust, the circuit court, or such court having jurisdiction of the subject matter, upon a complaint filed by any one or more of the lien debtors, in which complaint all persons interested in such lien and all holders of the evidences of debt secured by the deed of trust thereon, and all other necessary or proper parties, except the plaintiffs, shall be made defendants, may order a sale of such property, or any part thereof, and may invest the proceeds of sale under order of court subject to the terms of the deed of trust, provided that (i) the complaint sets forth facts that will justify the sale of the property, to be verified by the affidavit of at least one of the plaintiffs, (ii) no order shall be made authorizing such sale unless it is shown to the satisfaction of the court that the interests of the lien debtor or debtors will be promoted and the interests of no person holding the evidences of debt secured by the deed of trust will be violated thereby, and (iii) the plaintiff or the party for whose benefit the action is brought shall bear the cost.
1932, p. 77; Michie Code 1942, § 5167a; Code 1950, § 55-61; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-328. Validation of conveyances of real property under trust instrument not authorizing sale

When any real property is conveyed by deed of trust or other trust instrument to a trustee and there is no provision authorizing the trustee to convey the property that is the subject of the deed of trust, or any part of such property, and the trustee conveys such property or any part of such property, such conveyance shall be valid after a period of 30 years from the date of such conveyance, provided that (i) there have been no adverse claims against the property so conveyed in the interim, and (ii) such conveyances to and from such trustee were properly recorded and indexed at the time of the conveyance, in the appropriate clerk's office in which deeds are recorded in the county or city in which the property lies.
1962, c. 350, § 55-61.1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-329. Permissible form for notice of sale under deed of trust

Notice of sale under any deed of trust regardless of whether it conforms with § 55.1-320, in the absence of provision in such deed of trust requiring other or additional matter, may be substantially in the following form:
Trustee's Sale of
____________ (brief description or identification of property)
In execution of a deed of trust (name or names of grantor or grantors unless grantor or grantors request in writing that the same be omitted), dated ______, recorded in the Clerk's Office of the ______ court of ______ in Deed Book ______, page ____, ______, the undersigned trustee will offer for sale at public auction (a brief description of the property to include street number or, if none, the general location of property and place of sale) on the ______ day of ________, 20__ at __ (ante meridian)(noon)(post meridian), the property described in such deed.
Terms: (Cash)(________)
____________________
Trustee(s)
FOR INFORMATION CONTACT:
____________________
(A trustee or the secured party or his agent)
____________________
Address
____________________
Telephone number
1946, p. 272; Michie Suppl. 1946, § 5167a1; Code 1950, § 55-62; 1977, c. 660; 1979, c. 12; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-330. Construction of deeds requiring notice by advertisement in newspaper

A. Whenever any deed of trust to secure debts or indemnify sureties contains a provision requiring the giving of notice of sale thereunder for a specified number of days by advertisement in one or more newspapers and such advertisement is published in a newspaper published daily or in a newspaper published daily except Sunday, it shall be deemed a sufficient compliance with such provision if such notice is published in consecutive issues of such newspaper for the number of days specified, counting both the day of the first publication and the day of the last publication and intervening Sundays, whether or not such newspaper is published on Sunday. Both the first publication and the last publication may be on Sunday. The publication shall in all other respects comply with the provisions of §§ 55.1-322 and 55.1-323.
B. Whenever such deed of trust requires advertisement once a week for a specified number of weeks, sale may be had on the day after the last advertisement appears or any day thereafter, and all sales made in conformity with this section prior to January 1, 1972, and otherwise valid are hereby validated.
1934, p. 165; Michie Code 1942, § 5167c; Code 1950, § 55-63; 1962, c. 448; 1975, c. 284; 1977, c. 660; 1979, c. 12; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-331. Disposition of surplus from trustee's sale after death of grantor

Whenever the grantor, or his successor in title, in any deed of trust by which any real property is conveyed in trust to secure debts or indemnify sureties dies prior to a trustee's sale held pursuant to the deed of trust and the deed of trust contains no definite provision for the distribution of any surplus in the event of the death of the grantor or his successors in title prior to the trustee's sale held pursuant to the deed of trust, or contains a provision that such surplus shall be paid to the grantor or his heirs or assigns or personal representative, then any surplus of the proceeds of the sale remaining in the possession of the trustee, after discharging the expenses of executing the trust, all tax liens upon the property sold, all debts and obligations secured by the deed of trust, and, in order of their priority, if any, the remaining subsequent debts and obligations secured by the deed, and any liens of record inferior to the deed of trust under which the sale is made, with lawful interest, shall be paid by the trustee to the personal representative of the decedent.
Any such funds possessed by the personal representative shall constitute assets for the payment by him of any debts and demands against the decedent's estate remaining unsatisfied after the personal estate has been exhausted. Any surplus of the funds so paid to the personal representative and remaining in his possession after the satisfaction of all debts and demands against the estate shall be paid over by him, if the decedent died intestate as to the real property embraced in the deed of trust, to the heirs at law of the decedent, or their successors in title, and if the decedent died testate as to the real property embraced in the deed of trust, then such surplus shall be paid to the persons entitled to the real property under the terms of the decedent's will, or to their successors in title.
1942, p. 94; Michie Code 1942, § 5167d; 1944, p. 389; Code 1950, § 55-64; 1990, c. 831; 2018, cc. 34, 204; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-332. Title to real estate sold not affected by nonlisting of secured notes for taxation

The title to real estate sold under a deed of trust shall not be drawn in question upon the ground that the holder of the notes secured by such deed of trust did not list the same for taxation.
1924, p. 469; 1926, p. 978; 1944, p. 630; Tax Code, §§ 69, 69a; Code 1950, § 55-64.1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-333. Validation of certain sales made under deeds of trust

All sales that have been made prior to January 1, 1972, under deeds of trust to secure debts and indemnify sureties containing a provision requiring the giving of notice of sale thereunder for a specified number of days by advertisement in one or more newspapers and that were made after publishing the advertisement of sale in a newspaper published daily or in a newspaper published daily except Sunday for the number of days specified in the deed of trust, counting both the day of the first publication and the day of the last publication and intervening Sundays, whether or not such paper was published on Sunday and whether or not such sales were held on the day of the last publication, provided that, in cases when the sale was held on the day of the last publication, the publication was in a newspaper the principal daily edition of which was delivered or publicly sold before the time fixed for the sale, and whether or not the first publication or the last publication, or both, appeared on Sunday, shall be held, and the same are hereby declared, to be valid and effective in all respects, if otherwise valid and effective according to the law then in force, provided, however, that nothing contained in this section shall be construed as affecting any final order entered prior to March 24, 1934, by any court of competent jurisdiction or as affecting any action now pending in any court of competent jurisdiction, and provided further, that nothing in this section shall be so construed as to affect intervening vested rights.
1934, p. 257; Michie Code 1942, § 5167b; Code 1950, § 55-65; 1975, c. 284; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-334. Validation of certain sales made under deeds of trust prior to October 1, 1977

All sales that were made prior to October 1, 1977, under deeds of trust to secure debts and indemnify sureties when the notice, advertisement, and conduct of the sale were in accordance with the law of the Commonwealth as it existed on June 30, 1977, are declared to be valid and effective in all respects, provided that nothing in this section shall be construed as affecting any final order entered prior to March 23, 1978, by any court of competent jurisdiction, or any action now pending in a court of competent jurisdiction, or as affecting intervening vested rights, and provided further that no action to vacate or set aside any such sale may be brought after March 23, 1978.
1978, c. 173, § 55-65.1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-335. Validation of other sales under deeds of trust

All sales that were made prior to January 1, 1972, under deeds of trust to secure debts and indemnify sureties when the notice was not published once a week for four successive weeks or a specified number of successive weeks are declared to be valid and effective in all respects, if other reasonable advertisement of such sale was given and such sale was otherwise valid and effective, provided that nothing herein contained shall be construed as affecting any final order entered prior to March 1, 1944, by any court of competent jurisdiction, or any action now pending in a court of competent jurisdiction, or as affecting intervening vested rights, and provided further that no action may be brought after January 1, 1972, to vacate or set aside any such sale.
1944, p. 128; Michie Suppl. 1946, § 5167b1; Code 1950, § 55-66; 1975, c. 284; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-336. Protection of assignees or transferees of debts secured by real estate; form of certificate of transfer

Whenever a debt or other obligation secured by a deed of trust, mortgage, or vendor's lien on real estate has been assigned, the assignor or the assignee, at its option, may cause the instrument of assignment to be recorded in the clerk's office of the circuit court where such deed of trust, mortgage, or vendor's lien is recorded, provided that such instrument is otherwise in recordable form, or may cause a certificate of transfer signed by the assignor to be recorded in such clerk's office, and such instrument of assignment or certificate of transfer, upon recordation, shall operate as a notice of such assignment. The instrument of assignment or certificate of transfer shall be indexed in the name of the assignor and in the names of the obligor or maker, and the trustees, as applicable, all of whose names shall be set forth in such instrument or certificate. The certificate of transfer shall conform substantially to the following:
CERTIFICATE OF TRANSFER
Place of Record:
Clerk's Office of the Circuit Court of the ________ of ________, Virginia
Date of [Deed of Trust/Mortgage/Vendor's Lien]: ________,
Deed Book ________, Page ____
Name of Obligor or Maker:
________________
Names(s) of Trustee(s) [if a Deed of Trust]:
________________
________________
Name of Original Payee or Obligee:
________________
Original Amount Secured [if applicable]: $____
The undersigned, the original payee or obligee [or the subsequent assignee] of the obligation secured by the above-mentioned [Deed of Trust/Mortgage/Vendor's Lien], hereby certifies that the obligations secured thereby have been assigned to ______
________________
[If a credit line deed of trust, the name and address to which notice may be mailed or delivered to the Noteholder as provided by § 55.1-318 is as follows:
________________
________________ ]
Given under (my/our) hand(s) as of the ______ day of ________, ____.
________________
(Assignor)
______ of ______
County/City of ________, to wit:
Subscribed, sworn to, and acknowledged before me by ________ this ______ day of ________, 20__.
My Commission Expires: ________
________________
Notary Public
Notary Registration Number: ________
For purposes of this section, the word "assigned" includes endorsed, pledged, hypothecated, or otherwise transferred. Nothing in this section shall be deemed to invalidate any other form or notice of assignment that may have been recorded prior to July 1, 1994. Nothing in this section shall imply that recordation of the instrument of assignment or a certificate of transfer is necessary in order to transfer to an assignee the benefit of the security provided by the deed of trust, mortgage, or vendor's lien.
1994, c. 806, § 55-66.01; 1995, c. 807; 1997, c. 205; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-337. Required notice of foreclosure or repossession of manufactured home

Whenever any assignee of an installment note secured by a security interest on a manufactured home determines that legal action is desirable to enforce the debt resulting in a potential foreclosure or repossession, he shall give prior notice by mail of any action to foreclose or repossess the collateral to any assignor who is liable under a recourse endorsement or by virtue of a reserve account at least 10 business days prior to the enforcement of the security interest or eviction. Assignment by way of pledge of the security interest granted by the assignor shall not be an assignment within the meaning of this section. The failure to so notify the assignor shall not affect any rights of the assignee as against the principal debtor or any party other than the assignor with recourse or a person with rights in a reserve account. Provisions of this section may not be waived by such assignor at the time of the original sale of the installment paper but only after the expiration of at least 30 days from such initial transfer. The assignee shall send such notice to the last known address of the assignor as it appears in the records of the assignee.
1978, c. 462, § 55-66.1:1; 1999, c. 77; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-338. Release to person dead inures to successors

A release of a deed of trust or a conveyance of the property embraced in such deed of trust may in all cases be made to the original grantor, whether living or dead, and any release or reconveyance so made shall inure both in law and in equity to the successors in title of such grantor.
Code 1919, § 6456; 1926, p. 82; 1930, p. 71; 1932, p. 121; 1944, p. 199; Code 1950, § 55-66.2; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 3 - Form and Effect of Deeds and Covenants; Liens › § 55.1-340. Release by financial institution upon payment of debt placed with it for collection

In any case where a note, bond, or other evidence of indebtedness placed by a creditor for collection with a bank, trust company, savings institution, small loan company, or credit union is fully paid at such financial institution, the financial institution, through its authorized agents, may execute all certificates, releases, and affidavits required of a creditor by this chapter to effectuate a release. The financial institution may execute and deliver to the clerk an affidavit to the effect that the financial institution had been acting as collecting agent for the creditor on the debt and that the debt has been paid in full at such institution.
1983, c. 220, § 55-66.3:1; 1996, c. 77; 2019, c. 712.