                                 CODE OF VIRGINIA

BLANKET ENCUMBRANCES (§ 55.1-2303)

A. It is unlawful for any developer or agent to sell or lease a lot in a
subdivision that is subject to a blanket encumbrance unless the blanket
encumbrance or effective supplemental agreement contains a release provision
permitting legal title to individual lots or other interest contracted for to be
obtained free and clear of the blanket encumbrance. Nothing in this section
shall be construed to limit either the conditions upon which such release may be
premise or the modification or amendment of such release provision as to (i) any
purchaser other than a purchaser under an installment sales contract or (ii) any
purchaser under an installment sales contract that is executed subsequent to the
recordation of the amendment or modification.

B. Unless blanket encumbrance release provisions provide that the lien of the
blanket encumbrance is subordinate to the rights of persons purchasing from the
developer or agent and that those purchasers have the unconditional right to
obtain legal title or other interest contracted for free and clear of the
blanket encumbrance upon compliance with the terms and conditions of the
purchase or lease, it is unlawful for a developer or agent to sell or lease lots
except in compliance with one of the following conditions:

   1. Any earnest money deposit or advance or other payment made by the purchaser
   on account of the purchase of a lot is placed in an escrow account that is a
   trust account maintained in a federally insured depository located in the
   Commonwealth and that fully protects the interest of the purchaser until:
   				a. Fee title or other interest contracted for is conveyed to the purchaser
   free and clear of the blanket encumbrance;
   				b. Either the developer or purchaser defaults under the contract and a
   final determination as to the disbursal of sums paid is made by a court of
   competent jurisdiction; or
   				c. The developer voluntarily orders the return of the money to the
   purchaser; or

   2. Title to the subdivision is held in trust under a trust agreement until a
   proper release is obtained and legal title or other interest contracted for is
   conveyed to the purchaser.

HISTORY: 1978, c. 510, § 55-342; 1980, c. 546; 1996, c. 372; 2019, c. 712.