{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-604.html"}],"law_id":61411,"edition_id":1,"section_id":61411,"structure_id":15263,"section_number":"8.9A-604","catch_line":"Procedure if security agreement covers real property or fixtures","history":"1964, c. 219, \u00a7\u00a7 8.9-313, 8.9-501; 1973, c. 509; 1983, c. 204; 2000, c. 1007.","full_text":"a\n\nEnforcement; personal and real property. If a security agreement covers both personal and real property, a secured party may proceed:1\n\nunder this part as to the personal property without prejudicing any rights with respect to the real property; or2\n\nas to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.b\n\nEnforcement; fixtures. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:1\n\nunder this part; or2\n\nin accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.c\n\nRemoval of fixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.d\n\nInjury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.","order_by":null,"text":{"0":{"id":224317,"text":"Enforcement; personal and real property. If a security agreement covers both personal and real property, a secured party may proceed:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":224318,"text":"under this part as to the personal property without prejudicing any rights with respect to the real property; or","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":224319,"text":"as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":224320,"text":"Enforcement; fixtures. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"b1"},"4":{"id":224321,"text":"under this part; or","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"5":{"id":224322,"text":"in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"c"},"6":{"id":224323,"text":"Removal of fixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b2","next_prefix":"d"},"7":{"id":224324,"text":"Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c"}},"ancestry":[{"id":15263,"edition_id":1,"name":"Default and Enforcement of Security Interest","identifier":"1","label":"subpart","depth":3,"order_by":1,"parent_id":15262,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284295,"object_type":"structure","relational_id":15263,"identifier":"1","token":"8.9A\/6\/1","url":"\/8.9A\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15262,"edition_id":1,"name":"Default","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284293,"object_type":"structure","relational_id":15262,"identifier":"6","token":"8.9A\/6","url":"\/8.9A\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87391,"structure_id":15263,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","url":"\/8.9A-601\/","token":"8.9A\/6\/1\/8.9A-601","metadata":false},{"id":74406,"structure_id":15263,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","url":"\/8.9A-602\/","token":"8.9A\/6\/1\/8.9A-602","metadata":false},{"id":69348,"structure_id":15263,"section_number":"8.9A-603","catch_line":"Agreement on standards concerning rights and duties","url":"\/8.9A-603\/","token":"8.9A\/6\/1\/8.9A-603","metadata":false},{"id":61411,"structure_id":15263,"section_number":"8.9A-604","catch_line":"Procedure if security agreement covers real property or fixtures","url":"\/8.9A-604\/","token":"8.9A\/6\/1\/8.9A-604","metadata":false},{"id":69925,"structure_id":15263,"section_number":"8.9A-605","catch_line":"Unknown debtor or secondary obligor","url":"\/8.9A-605\/","token":"8.9A\/6\/1\/8.9A-605","metadata":false},{"id":82913,"structure_id":15263,"section_number":"8.9A-606","catch_line":"Time of default for agricultural lien","url":"\/8.9A-606\/","token":"8.9A\/6\/1\/8.9A-606","metadata":false},{"id":78656,"structure_id":15263,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","url":"\/8.9A-607\/","token":"8.9A\/6\/1\/8.9A-607","metadata":false},{"id":58414,"structure_id":15263,"section_number":"8.9A-608","catch_line":"Application of proceeds of collection or enforcement; liability for deficiency and right to surplus","url":"\/8.9A-608\/","token":"8.9A\/6\/1\/8.9A-608","metadata":false},{"id":76317,"structure_id":15263,"section_number":"8.9A-609","catch_line":"Secured party's right to take possession after default","url":"\/8.9A-609\/","token":"8.9A\/6\/1\/8.9A-609","metadata":false},{"id":83035,"structure_id":15263,"section_number":"8.9A-610","catch_line":"Disposition of collateral after default","url":"\/8.9A-610\/","token":"8.9A\/6\/1\/8.9A-610","metadata":false},{"id":69700,"structure_id":15263,"section_number":"8.9A-611","catch_line":"Notification before disposition of collateral","url":"\/8.9A-611\/","token":"8.9A\/6\/1\/8.9A-611","metadata":false},{"id":60808,"structure_id":15263,"section_number":"8.9A-612","catch_line":"Timeliness of notification before disposition of collateral","url":"\/8.9A-612\/","token":"8.9A\/6\/1\/8.9A-612","metadata":false},{"id":72203,"structure_id":15263,"section_number":"8.9A-613","catch_line":"Contents and form of notification before disposition of collateral; general","url":"\/8.9A-613\/","token":"8.9A\/6\/1\/8.9A-613","metadata":false},{"id":83544,"structure_id":15263,"section_number":"8.9A-614","catch_line":"Contents and form of notification before disposition of collateral; consumer-goods transaction","url":"\/8.9A-614\/","token":"8.9A\/6\/1\/8.9A-614","metadata":false},{"id":63326,"structure_id":15263,"section_number":"8.9A-615","catch_line":"Application of proceeds of disposition; liability for deficiency and right to surplus","url":"\/8.9A-615\/","token":"8.9A\/6\/1\/8.9A-615","metadata":false},{"id":58094,"structure_id":15263,"section_number":"8.9A-616","catch_line":"Explanation of calculation of surplus or deficiency","url":"\/8.9A-616\/","token":"8.9A\/6\/1\/8.9A-616","metadata":false},{"id":70895,"structure_id":15263,"section_number":"8.9A-617","catch_line":"Rights of transferee of collateral","url":"\/8.9A-617\/","token":"8.9A\/6\/1\/8.9A-617","metadata":false},{"id":74054,"structure_id":15263,"section_number":"8.9A-618","catch_line":"Rights and duties of certain secondary obligors","url":"\/8.9A-618\/","token":"8.9A\/6\/1\/8.9A-618","metadata":false},{"id":82499,"structure_id":15263,"section_number":"8.9A-619","catch_line":"Transfer of record or legal title","url":"\/8.9A-619\/","token":"8.9A\/6\/1\/8.9A-619","metadata":false},{"id":83620,"structure_id":15263,"section_number":"8.9A-620","catch_line":"Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral","url":"\/8.9A-620\/","token":"8.9A\/6\/1\/8.9A-620","metadata":false},{"id":69990,"structure_id":15263,"section_number":"8.9A-621","catch_line":"Notification of proposal to accept collateral","url":"\/8.9A-621\/","token":"8.9A\/6\/1\/8.9A-621","metadata":false},{"id":87445,"structure_id":15263,"section_number":"8.9A-622","catch_line":"Effect of acceptance of collateral","url":"\/8.9A-622\/","token":"8.9A\/6\/1\/8.9A-622","metadata":false},{"id":76014,"structure_id":15263,"section_number":"8.9A-623","catch_line":"Right to redeem collateral","url":"\/8.9A-623\/","token":"8.9A\/6\/1\/8.9A-623","metadata":false},{"id":86883,"structure_id":15263,"section_number":"8.9A-624","catch_line":"Waiver","url":"\/8.9A-624\/","token":"8.9A\/6\/1\/8.9A-624","metadata":false}],"previous_section":{"id":69348,"structure_id":15263,"section_number":"8.9A-603","catch_line":"Agreement on standards concerning rights and duties","url":"\/8.9A-603\/","token":"8.9A\/6\/1\/8.9A-603","metadata":false},"next_section":{"id":69925,"structure_id":15263,"section_number":"8.9A-605","catch_line":"Unknown debtor or secondary obligor","url":"\/8.9A-605\/","token":"8.9A\/6\/1\/8.9A-605","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-604\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1973, chapter 509; in 1983, chapter 204; in 2000, chapter 1007<\/a>.<\/p>","references":[{"id":59732,"section_number":"8.9A-109","catch_line":"Scope","order_by":null,"url":"\/8.9A-109\/"}],"refers_to":false,"permalink":{"id":284309,"object_type":"law","relational_id":61411,"identifier":"8.9A-604","token":"8.9A\/6\/1\/8.9A-604","url":"\/8.9A-604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-604\/","token":"8.9A\/6\/1\/8.9A-604","dublin_core":{"Title":"Procedure if security agreement covers real property or fixtures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Enforcement; personal and real property. If a security agreement covers both personal and real property, a secured party<\/span> may proceed: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> under this part as to the personal property without prejudicing any rights with respect to the real property; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Enforcement; fixtures. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party<\/span> may proceed: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> under this part; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Removal of fixtures. Subject to the other provisions of this part, if a secured party<\/span> holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party<\/span>, after default<\/span>, may remove the collateral<\/span> from the real property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Injury caused by removal. A secured party<\/span> that removes collateral<\/span> shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party<\/span> need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party<\/span> gives adequate assurance for the performance of the obligation to reimburse. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES (\u00a7 8.9A-604)\n\na. Enforcement; personal and real property. If a security agreement covers both\npersonal and real property, a secured party may proceed:\n\n 1. under this part as to the personal property without prejudicing any rights\n with respect to the real property; or\n\n 2. as to both the personal property and the real property in accordance with\n the rights with respect to the real property, in which case the other\n provisions of this part do not apply.\n\nb. Enforcement; fixtures. Subject to subsection (c), if a security agreement\ncovers goods that are or become fixtures, a secured party may proceed:\n\n 1. under this part; or\n\n 2. in accordance with the rights with respect to real property, in which case\n the other provisions of this part do not apply.\n\nc. Removal of fixtures. Subject to the other provisions of this part, if a\nsecured party holding a security interest in fixtures has priority over all\nowners and encumbrancers of the real property, the secured party, after default,\nmay remove the collateral from the real property.\n\nd. Injury caused by removal. A secured party that removes collateral shall\npromptly reimburse any encumbrancer or owner of the real property, other than\nthe debtor, for the cost of repair of any physical injury caused by the removal.\nThe secured party need not reimburse the encumbrancer or owner for any\ndiminution in value of the real property caused by the absence of the goods\nremoved or by any necessity of replacing them. A person entitled to\nreimbursement may refuse permission to remove until the secured party gives\nadequate assurance for the performance of the obligation to reimburse.\n\nHISTORY: 1964, c. 219, \u00a7\u00a7 8.9-313, 8.9-501; 1973, c. 509; 1983, c. 204; 2000,\nc. 1007.","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}}