{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/34-28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/34-28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/34-28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/34-28.html"}],"law_id":360507,"edition_id":2,"section_id":360507,"structure_id":51564,"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.\n\n","order_by":null,"text":{"0":{"id":1341573,"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":51564,"edition_id":2,"name":"Other Articles Exempt","identifier":"3","label":"chapter","depth":2,"order_by":3,"parent_id":51561,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 02:44:15","date_modified":"2026-08-02 12:32:40","permalink":{"id":1435067,"object_type":"structure","relational_id":51564,"identifier":"3","token":"34\/3","url":"\/34\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51561,"edition_id":2,"name":"Homestead and Other Exemptions","identifier":"34","label":"title","depth":1,"order_by":79,"parent_id":null,"metadata":{"child_laws":37,"child_structures":4},"date_created":"2026-08-02 02:44:12","date_modified":"2026-08-02 12:32:39","permalink":{"id":1434961,"object_type":"structure","relational_id":51561,"identifier":"34","token":"34","url":"\/34\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":360502,"structure_id":51564,"section_number":"34-26","catch_line":"Poor debtor's exemption; exempt articles enumerated","url":"\/34-26\/","token":"34\/3\/34-26","metadata":false},{"id":360503,"structure_id":51564,"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":360507,"structure_id":51564,"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":360504,"structure_id":51564,"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":360505,"structure_id":51564,"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":360506,"structure_id":51564,"section_number":"34-28.3","catch_line":"Repealed","url":"\/34-28.3\/","token":"34\/3\/34-28.3","metadata":false}],"previous_section":{"id":360503,"structure_id":51564,"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":360504,"structure_id":51564,"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":360502,"section_number":"34-26","catch_line":"Poor debtor's exemption; exempt articles enumerated","order_by":null,"url":"\/34-26\/"}],"permalink":{"id":1435077,"object_type":"law","relational_id":360507,"identifier":"34-28","token":"34\/3\/34-28","url":"\/34-28\/","edition_id":2,"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":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}