{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-241.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-241.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-241.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-241.html"}],"law_id":57536,"edition_id":1,"section_id":57536,"structure_id":15100,"section_number":"8.01-241","catch_line":"Limitation of enforcement of deeds of trust, mortgages and liens for unpaid purchase money","history":"Code 1950, \u00a7 8-11; 1950, p. 19; 1977, c. 617; 1980, c. 499; 1994, c. 547; 1999, c. 788; 2008, c. 226; 2009, c. 163.","full_text":"A\n\nNo deed of trust or mortgage heretofore or hereafter given to secure the payment of money, and no lien heretofore or hereafter reserved to secure the payment of unpaid purchase money, shall be enforced after 10 years from the time when the original obligation last maturing thereby secured shall have become due and payable according to its terms and without regard to any provision for the acceleration of such date; provided that the period of one year from the death of any party in interest shall be excluded from the computation of time.B\n\nNotwithstanding the limitations prescribed by subsection A, a deed of trust or mortgage given, and a lien reserved to secure the payment of money, for which the original obligation last maturing thereby secured became due and payable according to its terms between July 1, 1988, and July 1, 2000, without regard to any provision for the acceleration of the date such obligation became due and payable, shall not be enforced after July 1, 2010. However, the provisions of this subsection shall have no effect on the rights of a person who (i) acquired an interest in the real property securing such deed of trust or mortgage between July 1, 2008, and the date of enactment of this subsection and (ii) would otherwise have priority over or take free of such deed of trust or mortgage under the laws of the Commonwealth at that time.C\n\nThe limitations prescribed by this section may be extended by the recordation of a certificate in the form provided in § 8.01-241.1 prior to the expiration of the limitation period prescribed herein in the clerk’s office in which such lien is recorded and executed either by the party in whom the beneficial title to the property so encumbered is vested at the time of such recordation or by his duly authorized attorney-in-fact, or agent. Recordation of the certificate shall extend the limitations of the right to enforce the lien for 10 years from the date of the recordation of the certificate. The clerk of the court shall index the certificate in both names in the index of the deed book and give reference to the book and page in which the original writing is recorded. Unless the deed or deeds executed pursuant to the foreclosure of any mortgage or to the execution of or sale under any deed of trust is recorded in the county or city where the land is situated within one year after the time the right to enforce the mortgage or deed of trust shall have expired as hereinabove provided, such deed or deeds shall be void as to all purchasers for valuable consideration without notice and lien creditors who make any purchase of or acquire any lien on the land conveyed by any such deed prior to the time such deed is so recorded.","order_by":null,"text":{"0":{"id":210797,"text":"No deed of trust or mortgage heretofore or hereafter given to secure the payment of money, and no lien heretofore or hereafter reserved to secure the payment of unpaid purchase money, shall be enforced after 10 years from the time when the original obligation last maturing thereby secured shall have become due and payable according to its terms and without regard to any provision for the acceleration of such date; provided that the period of one year from the death of any party in interest shall be excluded from the computation of time.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210798,"text":"Notwithstanding the limitations prescribed by subsection A, a deed of trust or mortgage given, and a lien reserved to secure the payment of money, for which the original obligation last maturing thereby secured became due and payable according to its terms between July 1, 1988, and July 1, 2000, without regard to any provision for the acceleration of the date such obligation became due and payable, shall not be enforced after July 1, 2010. However, the provisions of this subsection shall have no effect on the rights of a person who (i) acquired an interest in the real property securing such deed of trust or mortgage between July 1, 2008, and the date of enactment of this subsection and (ii) would otherwise have priority over or take free of such deed of trust or mortgage under the laws of the Commonwealth at that time.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210799,"text":"The limitations prescribed by this section may be extended by the recordation of a certificate in the form provided in § 8.01-241.1 prior to the expiration of the limitation period prescribed herein in the clerk’s office in which such lien is recorded and executed either by the party in whom the beneficial title to the property so encumbered is vested at the time of such recordation or by his duly authorized attorney-in-fact, or agent. Recordation of the certificate shall extend the limitations of the right to enforce the lien for 10 years from the date of the recordation of the certificate. The clerk of the court shall index the certificate in both names in the index of the deed book and give reference to the book and page in which the original writing is recorded. Unless the deed or deeds executed pursuant to the foreclosure of any mortgage or to the execution of or sale under any deed of trust is recorded in the county or city where the land is situated within one year after the time the right to enforce the mortgage or deed of trust shall have expired as hereinabove provided, such deed or deeds shall be void as to all purchasers for valuable consideration without notice and lien creditors who make any purchase of or acquire any lien on the land conveyed by any such deed prior to the time such deed is so recorded.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15100,"edition_id":1,"name":"Limitations on Recovery of Realty and Enforcement of Certain Liens Relating to Realty","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14109,"metadata":{},"date_created":"2026-06-26 03:52:09","date_modified":"2026-06-26 03:52:09","permalink":{"id":281163,"object_type":"structure","relational_id":15100,"identifier":"2","token":"8.01\/4\/2","url":"\/8.01\/4\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14109,"edition_id":1,"name":"Limitations of Actions","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":281127,"object_type":"structure","relational_id":14109,"identifier":"4","token":"8.01\/4","url":"\/8.01\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60444,"structure_id":15100,"section_number":"8.01-236","catch_line":"Limitation of entry on or action for land","url":"\/8.01-236\/","token":"8.01\/4\/2\/8.01-236","metadata":false},{"id":70723,"structure_id":15100,"section_number":"8.01-237","catch_line":"Effect of disabilities upon right of entry on, or action for, land","url":"\/8.01-237\/","token":"8.01\/4\/2\/8.01-237","metadata":false},{"id":85911,"structure_id":15100,"section_number":"8.01-238","catch_line":"To repeal grant","url":"\/8.01-238\/","token":"8.01\/4\/2\/8.01-238","metadata":false},{"id":81207,"structure_id":15100,"section_number":"8.01-239","catch_line":"Ground rents","url":"\/8.01-239\/","token":"8.01\/4\/2\/8.01-239","metadata":false},{"id":69622,"structure_id":15100,"section_number":"8.01-240","catch_line":"Liens for water, sewer, or sidewalk assessments","url":"\/8.01-240\/","token":"8.01\/4\/2\/8.01-240","metadata":false},{"id":57536,"structure_id":15100,"section_number":"8.01-241","catch_line":"Limitation of enforcement of deeds of trust, mortgages and liens for unpaid purchase money","url":"\/8.01-241\/","token":"8.01\/4\/2\/8.01-241","metadata":false},{"id":64835,"structure_id":15100,"section_number":"8.01-241.1","catch_line":"Permissible form for certificate","url":"\/8.01-241.1\/","token":"8.01\/4\/2\/8.01-241.1","metadata":false},{"id":87323,"structure_id":15100,"section_number":"8.01-242","catch_line":"Same; when no maturity date is given; credit line deeds of trust","url":"\/8.01-242\/","token":"8.01\/4\/2\/8.01-242","metadata":false}],"previous_section":{"id":69622,"structure_id":15100,"section_number":"8.01-240","catch_line":"Liens for water, sewer, or sidewalk assessments","url":"\/8.01-240\/","token":"8.01\/4\/2\/8.01-240","metadata":false},"next_section":{"id":64835,"structure_id":15100,"section_number":"8.01-241.1","catch_line":"Permissible form for certificate","url":"\/8.01-241.1\/","token":"8.01\/4\/2\/8.01-241.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-241\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1977, chapter 617; in 1980, chapter 499; in 1994, chapter 547<\/a>; in 1999, chapter 788<\/a>; in 2008, chapter 226<\/a>; in 2009, chapter 163<\/a>.<\/p>","references":[{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"},{"id":87323,"section_number":"8.01-242","catch_line":"Same; when no maturity date is given; credit line deeds of trust","order_by":null,"url":"\/8.01-242\/"}],"refers_to":[{"id":64835,"section_number":"8.01-241.1","catch_line":"Permissible form for certificate","order_by":null,"url":"\/8.01-241.1\/"}],"permalink":{"id":281185,"object_type":"law","relational_id":57536,"identifier":"8.01-241","token":"8.01\/4\/2\/8.01-241","url":"\/8.01-241\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-241\/","token":"8.01\/4\/2\/8.01-241","dublin_core":{"Title":"Limitation of enforcement of deeds of trust, mortgages and liens for unpaid purchase money","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-241","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No deed of trust or mortgage heretofore or hereafter given to secure the payment of money, and no lien<\/span> heretofore or hereafter reserved to secure the payment of unpaid purchase money, shall be enforced after 10 years from the time when the original obligation last maturing thereby secured shall have become due and payable according to its terms and without regard to any provision for the acceleration of such date; provided that the period of one year from the death of any party in interest<\/span> shall be excluded from the computation of time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the limitations prescribed by subsection A, a deed of trust or mortgage given, and a lien<\/span> reserved to secure the payment of money, for which the original obligation last maturing thereby secured became due and payable according to its terms between July 1, 1988, and July 1, 2000, without regard to any provision for the acceleration of the date such obligation became due and payable, shall not be enforced after July 1, 2010. However, the provisions of this subsection shall have no effect on the rights of a person<\/span> who (i) acquired an interest in the real property securing such deed of trust or mortgage between July 1, 2008, and the date of enactment of this subsection and (ii) would otherwise have priority over or take free of such deed of trust or mortgage under the laws<\/span> of the Commonwealth at that time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The limitations prescribed by this section may be extended by the recordation of a certificate in the form provided in § 8.01-241.1<\/a> prior to the expiration of the limitation period prescribed herein in the clerk’s office in which such lien<\/span> is recorded and executed either by the party in whom the beneficial title to the property so encumbered is vested at the time of such recordation or by his duly authorized attorney-in-fact<\/span><\/span>, or agent. Recordation of the certificate shall extend the limitations of the right to enforce the lien<\/span> for 10 years from the date of the recordation of the certificate. The clerk of the court<\/span> shall index the certificate in both names in the index of the deed book and give reference to the book and page in which the original writing is recorded. Unless the deed or deeds executed pursuant to the foreclosure of any mortgage or to the execution of or sale under any deed of trust is recorded in the county or city where the land is situated within one year after the time the right to enforce the mortgage or deed of trust shall have expired as hereinabove provided, such deed or deeds shall be void as to all purchasers for valuable consideration without notice and lien<\/span> creditors<\/span> who make any purchase of or acquire any lien<\/span> on the land conveyed by any such deed prior to the time such deed is so recorded. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION OF ENFORCEMENT OF DEEDS OF TRUST, MORTGAGES AND LIENS FOR UNPAID\nPURCHASE MONEY (\u00a7 8.01-241)\n\nA. No deed of trust or mortgage heretofore or hereafter given to secure the\npayment of money, and no lien heretofore or hereafter reserved to secure the\npayment of unpaid purchase money, shall be enforced after 10 years from the time\nwhen the original obligation last maturing thereby secured shall have become due\nand payable according to its terms and without regard to any provision for the\nacceleration of such date; provided that the period of one year from the death\nof any party in interest shall be excluded from the computation of time.\n\nB. Notwithstanding the limitations prescribed by subsection A, a deed of trust\nor mortgage given, and a lien reserved to secure the payment of money, for which\nthe original obligation last maturing thereby secured became due and payable\naccording to its terms between July 1, 1988, and July 1, 2000, without regard to\nany provision for the acceleration of the date such obligation became due and\npayable, shall not be enforced after July 1, 2010. However, the provisions of\nthis subsection shall have no effect on the rights of a person who (i) acquired\nan interest in the real property securing such deed of trust or mortgage between\nJuly 1, 2008, and the date of enactment of this subsection and (ii) would\notherwise have priority over or take free of such deed of trust or mortgage\nunder the laws of the Commonwealth at that time.\n\nC. The limitations prescribed by this section may be extended by the recordation\nof a certificate in the form provided in § 8.01-241.1 prior to the\nexpiration of the limitation period prescribed herein in the clerk’s\noffice in which such lien is recorded and executed either by the party in whom\nthe beneficial title to the property so encumbered is vested at the time of such\nrecordation or by his duly authorized attorney-in-fact, or agent. Recordation of\nthe certificate shall extend the limitations of the right to enforce the lien\nfor 10 years from the date of the recordation of the certificate. The clerk of\nthe court shall index the certificate in both names in the index of the deed\nbook and give reference to the book and page in which the original writing is\nrecorded. Unless the deed or deeds executed pursuant to the foreclosure of any\nmortgage or to the execution of or sale under any deed of trust is recorded in\nthe county or city where the land is situated within one year after the time the\nright to enforce the mortgage or deed of trust shall have expired as hereinabove\nprovided, such deed or deeds shall be void as to all purchasers for valuable\nconsideration without notice and lien creditors who make any purchase of or\nacquire any lien on the land conveyed by any such deed prior to the time such\ndeed is so recorded.\n\nHISTORY: Code 1950, \u00a7 8-11; 1950, p. 19; 1977, c. 617; 1980, c. 499; 1994, c.\n547; 1999, c. 788; 2008, c. 226; 2009, c. 163.","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}}