{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/34-28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/34-28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/34-28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/34-28.html"}],"law_id":58966,"edition_id":1,"section_id":58966,"structure_id":13757,"section_number":"34-28","catch_line":"Deed of trust, etc., on such property void","history":"Code 1919, \u00a7 6564; 1938, p. 218; 1940, p. 615; 1992, c. 644; 2002, c. 88.","full_text":"Every deed of trust, mortgage or other writing or pledge made by a householder to give a lien on property exempt from distress or levy under \u00a7 34-26 shall be void as to such property. However, this section shall have no application to (i) property covered by a deed of trust, mortgage or other writing or pledge given by a householder to secure a loan made for the purchase of such property or (ii) security interests in such property having priority over the claim of exemption as specifically provided in subdivisions 7 and 8 of \u00a7 34-26.","order_by":null,"text":{"0":{"id":216226,"text":"Every deed of trust, mortgage or other writing or pledge made by a householder to give a lien on property exempt from distress or levy under \u00a7 34-26 shall be void as to such property. However, this section shall have no application to (i) property covered by a deed of trust, mortgage or other writing or pledge given by a householder to secure a loan made for the purchase of such property or (ii) security interests in such property having priority over the claim of exemption as specifically provided in subdivisions 7 and 8 of \u00a7 34-26.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13757,"edition_id":1,"name":"Other Articles Exempt","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13371,"metadata":{},"date_created":"2026-06-26 03:45:48","date_modified":"2026-06-26 03:45:48","permalink":{"id":208065,"object_type":"structure","relational_id":13757,"identifier":"3","token":"34\/3","url":"\/34\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13371,"edition_id":1,"name":"Homestead and Other Exemptions","identifier":"34","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:43","date_modified":"2026-06-26 03:44:43","permalink":{"id":207959,"object_type":"structure","relational_id":13371,"identifier":"34","token":"34","url":"\/34\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54766,"structure_id":13757,"section_number":"34-26","catch_line":"Poor debtor's exemption; exempt articles enumerated","url":"\/34-26\/","token":"34\/3\/34-26","metadata":false},{"id":67771,"structure_id":13757,"section_number":"34-27","catch_line":"Additional articles exempted to householder engaged in agriculture","url":"\/34-27\/","token":"34\/3\/34-27","metadata":false},{"id":58966,"structure_id":13757,"section_number":"34-28","catch_line":"Deed of trust, etc., on such property void","url":"\/34-28\/","token":"34\/3\/34-28","metadata":false},{"id":76383,"structure_id":13757,"section_number":"34-28.1","catch_line":"Personal injury and wrongful death actions exempt; exceptions","url":"\/34-28.1\/","token":"34\/3\/34-28.1","metadata":false},{"id":63103,"structure_id":13757,"section_number":"34-28.2","catch_line":"Spousal and child support exempt","url":"\/34-28.2\/","token":"34\/3\/34-28.2","metadata":false},{"id":80450,"structure_id":13757,"section_number":"34-28.3","catch_line":"Repealed","url":"\/34-28.3\/","token":"34\/3\/34-28.3","metadata":false}],"previous_section":{"id":67771,"structure_id":13757,"section_number":"34-27","catch_line":"Additional articles exempted to householder engaged in agriculture","url":"\/34-27\/","token":"34\/3\/34-27","metadata":false},"next_section":{"id":76383,"structure_id":13757,"section_number":"34-28.1","catch_line":"Personal injury and wrongful death actions exempt; exceptions","url":"\/34-28.1\/","token":"34\/3\/34-28.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/34-28\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 644; in 2002, chapter 88<\/a>.<\/p>","references":false,"refers_to":[{"id":54766,"section_number":"34-26","catch_line":"Poor debtor's exemption; exempt articles enumerated","order_by":null,"url":"\/34-26\/"}],"permalink":{"id":208075,"object_type":"law","relational_id":58966,"identifier":"34-28","token":"34\/3\/34-28","url":"\/34-28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/34-28\/","token":"34\/3\/34-28","dublin_core":{"Title":"Deed of trust, etc., on such property void","Type":"Text","Format":"text\/html","Identifier":"\u00a7 34-28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every deed of trust, mortgage or other writing or pledge made by a householder<\/span> to give a lien<\/span> on property exempt<\/span> from distress or levy<\/span> under \u00a7 34-26<\/a> shall be void as to such property. However, this section shall have no application to (i) property covered by a deed of trust, mortgage or other writing or pledge given by a householder<\/span> to secure a loan made for the purchase of such property or (ii) security interests in such property having priority over the claim of exemption<\/span> as specifically provided in subdivisions 7 and 8 of \u00a7 34-26<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEED OF TRUST, ETC., ON SUCH PROPERTY VOID (\u00a7 34-28)\n\nEvery deed of trust, mortgage or other writing or pledge made by a householder\nto give a lien on property exempt from distress or levy under \u00a7 34-26 shall be\nvoid as to such property. However, this section shall have no application to (i)\nproperty covered by a deed of trust, mortgage or other writing or pledge given\nby a householder to secure a loan made for the purchase of such property or (ii)\nsecurity interests in such property having priority over the claim of exemption\nas specifically provided in subdivisions 7 and 8 of \u00a7 34-26.\n\nHISTORY: Code 1919, \u00a7 6564; 1938, p. 218; 1940, p. 615; 1992, c. 644; 2002, c.\n88.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}