{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-327.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-327.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-327.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-327.html"}],"law_id":369883,"edition_id":2,"section_id":369883,"structure_id":52683,"section_number":"55.1-327","catch_line":"Sales under deeds of trust that contain no maturity date or provision authorizing sale","history":"1932, p. 77; Michie Code 1942, \u00a7 5167a; Code 1950, \u00a7 55-61; 2019, c. 712.","full_text":"When any property, real or personal, is conveyed by deed of trust to a trustee to secure the payment of a debt, money, notes, bonds, stocks, or other evidences of debt and there is no date fixed for the maturity thereof and such deed of trust contains no provision authorizing the trustee to make sale of such property, or any part thereof, and the reinvestment of the proceeds of sale in other property subject to the terms of such deed of trust, the circuit court, or such court having jurisdiction of the subject matter, upon a complaint filed by any one or more of the lien debtors, in which complaint all persons interested in such lien and all holders of the evidences of debt secured by the deed of trust thereon, and all other necessary or proper parties, except the plaintiffs, shall be made defendants, may order a sale of such property, or any part thereof, and may invest the proceeds of sale under order of court subject to the terms of the deed of trust, provided that (i) the complaint sets forth facts that will justify the sale of the property, to be verified by the affidavit of at least one of the plaintiffs, (ii) no order shall be made authorizing such sale unless it is shown to the satisfaction of the court that the interests of the lien debtor or debtors will be promoted and the interests of no person holding the evidences of debt secured by the deed of trust will be violated thereby, and (iii) the plaintiff or the party for whose benefit the action is brought shall bear the cost.\n\n","order_by":null,"text":{"0":{"id":1380000,"text":"When any property, real or personal, is conveyed by deed of trust to a trustee to secure the payment of a debt, money, notes, bonds, stocks, or other evidences of debt and there is no date fixed for the maturity thereof and such deed of trust contains no provision authorizing the trustee to make sale of such property, or any part thereof, and the reinvestment of the proceeds of sale in other property subject to the terms of such deed of trust, the circuit court, or such court having jurisdiction of the subject matter, upon a complaint filed by any one or more of the lien debtors, in which complaint all persons interested in such lien and all holders of the evidences of debt secured by the deed of trust thereon, and all other necessary or proper parties, except the plaintiffs, shall be made defendants, may order a sale of such property, or any part thereof, and may invest the proceeds of sale under order of court subject to the terms of the deed of trust, provided that (i) the complaint sets forth facts that will justify the sale of the property, to be verified by the affidavit of at least one of the plaintiffs, (ii) no order shall be made authorizing such sale unless it is shown to the satisfaction of the court that the interests of the lien debtor or debtors will be promoted and the interests of no person holding the evidences of debt secured by the deed of trust will be violated thereby, and (iii) the plaintiff or the party for whose benefit the action is brought shall bear the cost.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52683,"edition_id":2,"name":"Form and Effect of Deeds of Trust; Sales Thereunder; Assignments; Releases","identifier":"2","label":"article","depth":4,"order_by":2,"parent_id":52679,"metadata":{"child_laws":31,"child_structures":0},"date_created":"2026-08-02 03:03:02","date_modified":"2026-08-02 12:35:21","permalink":{"id":1472063,"object_type":"structure","relational_id":52683,"identifier":"2","token":"55.1\/I\/3\/2","url":"\/55.1\/I\/3\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52679,"edition_id":2,"name":"Form and Effect of Deeds and Covenants; Liens","identifier":"3","label":"chapter","depth":3,"order_by":3,"parent_id":52601,"metadata":{"child_laws":67,"child_structures":4},"date_created":"2026-08-02 03:02:58","date_modified":"2026-08-02 12:35:21","permalink":{"id":1471987,"object_type":"structure","relational_id":52679,"identifier":"3","token":"55.1\/I\/3","url":"\/55.1\/I\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52601,"edition_id":2,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":52600,"metadata":{"child_laws":142,"child_structures":14},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471773,"object_type":"structure","relational_id":52601,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369864,"structure_id":52683,"section_number":"55.1-316","catch_line":"Form of deed of trust to secure debts, etc","url":"\/55.1-316\/","token":"55.1\/I\/3\/2\/55.1-316","metadata":false},{"id":369865,"structure_id":52683,"section_number":"55.1-317","catch_line":"Requirements for trustees","url":"\/55.1-317\/","token":"55.1\/I\/3\/2\/55.1-317","metadata":false},{"id":369867,"structure_id":52683,"section_number":"55.1-318","catch_line":"Credit line deed of trust defined; relative priority of credit line deed of trust and other instruments of judgment","url":"\/55.1-318\/","token":"55.1\/I\/3\/2\/55.1-318","metadata":false},{"id":369866,"structure_id":52683,"section_number":"55.1-318.1","catch_line":"Effect of amendment to loan document on deed of trust","url":"\/55.1-318.1\/","token":"55.1\/I\/3\/2\/55.1-318.1","metadata":false},{"id":369868,"structure_id":52683,"section_number":"55.1-319","catch_line":"Priority of residential refinance mortgage over subordinate mortgage","url":"\/55.1-319\/","token":"55.1\/I\/3\/2\/55.1-319","metadata":false},{"id":369869,"structure_id":52683,"section_number":"55.1-320","catch_line":"How deed of trust construed; duties, rights, etc., of parties","url":"\/55.1-320\/","token":"55.1\/I\/3\/2\/55.1-320","metadata":false},{"id":369877,"structure_id":52683,"section_number":"55.1-321","catch_line":"Notices required before sale by trustee to owners, lienors, etc.; if note lost","url":"\/55.1-321\/","token":"55.1\/I\/3\/2\/55.1-321","metadata":false},{"id":369878,"structure_id":52683,"section_number":"55.1-322","catch_line":"Advertisement required before sale by trustee","url":"\/55.1-322\/","token":"55.1\/I\/3\/2\/55.1-322","metadata":false},{"id":369879,"structure_id":52683,"section_number":"55.1-323","catch_line":"Contents of advertisements of sale","url":"\/55.1-323\/","token":"55.1\/I\/3\/2\/55.1-323","metadata":false},{"id":369880,"structure_id":52683,"section_number":"55.1-324","catch_line":"Powers and duties of trustee in event of sale under or satisfaction of deed of trust","url":"\/55.1-324\/","token":"55.1\/I\/3\/2\/55.1-324","metadata":false},{"id":369881,"structure_id":52683,"section_number":"55.1-325","catch_line":"Meaning of phrases that may be included in deed of trust","url":"\/55.1-325\/","token":"55.1\/I\/3\/2\/55.1-325","metadata":false},{"id":369882,"structure_id":52683,"section_number":"55.1-326","catch_line":"Evidences of indebtedness placed on equal footing","url":"\/55.1-326\/","token":"55.1\/I\/3\/2\/55.1-326","metadata":false},{"id":369883,"structure_id":52683,"section_number":"55.1-327","catch_line":"Sales under deeds of trust that contain no maturity date or provision authorizing sale","url":"\/55.1-327\/","token":"55.1\/I\/3\/2\/55.1-327","metadata":false},{"id":369884,"structure_id":52683,"section_number":"55.1-328","catch_line":"Validation of conveyances of real property under trust instrument not authorizing sale","url":"\/55.1-328\/","token":"55.1\/I\/3\/2\/55.1-328","metadata":false},{"id":369885,"structure_id":52683,"section_number":"55.1-329","catch_line":"Permissible form for notice of sale under deed of trust","url":"\/55.1-329\/","token":"55.1\/I\/3\/2\/55.1-329","metadata":false},{"id":369886,"structure_id":52683,"section_number":"55.1-330","catch_line":"Construction of deeds requiring notice by advertisement in newspaper","url":"\/55.1-330\/","token":"55.1\/I\/3\/2\/55.1-330","metadata":false},{"id":369887,"structure_id":52683,"section_number":"55.1-331","catch_line":"Disposition of surplus from trustee's sale after death of grantor","url":"\/55.1-331\/","token":"55.1\/I\/3\/2\/55.1-331","metadata":false},{"id":369888,"structure_id":52683,"section_number":"55.1-332","catch_line":"Title to real estate sold not affected by nonlisting of secured notes for taxation","url":"\/55.1-332\/","token":"55.1\/I\/3\/2\/55.1-332","metadata":false},{"id":369889,"structure_id":52683,"section_number":"55.1-333","catch_line":"Validation of certain sales made under deeds of trust","url":"\/55.1-333\/","token":"55.1\/I\/3\/2\/55.1-333","metadata":false},{"id":369890,"structure_id":52683,"section_number":"55.1-334","catch_line":"Validation of certain sales made under deeds of trust prior to October 1, 1977","url":"\/55.1-334\/","token":"55.1\/I\/3\/2\/55.1-334","metadata":false},{"id":369891,"structure_id":52683,"section_number":"55.1-335","catch_line":"Validation of other sales under deeds of trust","url":"\/55.1-335\/","token":"55.1\/I\/3\/2\/55.1-335","metadata":false},{"id":369892,"structure_id":52683,"section_number":"55.1-336","catch_line":"Protection of assignees or transferees of debts secured by real estate; form of certificate of transfer","url":"\/55.1-336\/","token":"55.1\/I\/3\/2\/55.1-336","metadata":false},{"id":369893,"structure_id":52683,"section_number":"55.1-337","catch_line":"Required notice of foreclosure or repossession of manufactured home","url":"\/55.1-337\/","token":"55.1\/I\/3\/2\/55.1-337","metadata":false},{"id":369894,"structure_id":52683,"section_number":"55.1-338","catch_line":"Release to person dead inures to successors","url":"\/55.1-338\/","token":"55.1\/I\/3\/2\/55.1-338","metadata":false},{"id":369895,"structure_id":52683,"section_number":"55.1-339","catch_line":"Release of deed of trust or other lien","url":"\/55.1-339\/","token":"55.1\/I\/3\/2\/55.1-339","metadata":false},{"id":369896,"structure_id":52683,"section_number":"55.1-340","catch_line":"Release by financial institution upon payment of debt placed with it for collection","url":"\/55.1-340\/","token":"55.1\/I\/3\/2\/55.1-340","metadata":false},{"id":369897,"structure_id":52683,"section_number":"55.1-341","catch_line":"Partial satisfaction","url":"\/55.1-341\/","token":"55.1\/I\/3\/2\/55.1-341","metadata":{"court_decisions":""}},{"id":369898,"structure_id":52683,"section_number":"55.1-342","catch_line":"Permissible form for certificate of satisfaction or certificate of partial satisfaction","url":"\/55.1-342\/","token":"55.1\/I\/3\/2\/55.1-342","metadata":false},{"id":369899,"structure_id":52683,"section_number":"55.1-343","catch_line":"Where certificates of satisfaction are to be indexed","url":"\/55.1-343\/","token":"55.1\/I\/3\/2\/55.1-343","metadata":false},{"id":369900,"structure_id":52683,"section_number":"55.1-344","catch_line":"Releases made by court; costs and attorney fees","url":"\/55.1-344\/","token":"55.1\/I\/3\/2\/55.1-344","metadata":false},{"id":369901,"structure_id":52683,"section_number":"55.1-345","catch_line":"Recordation of certificate of satisfaction, etc., required when release of lien recorded","url":"\/55.1-345\/","token":"55.1\/I\/3\/2\/55.1-345","metadata":false}],"previous_section":{"id":369882,"structure_id":52683,"section_number":"55.1-326","catch_line":"Evidences of indebtedness placed on equal footing","url":"\/55.1-326\/","token":"55.1\/I\/3\/2\/55.1-326","metadata":false},"next_section":{"id":369884,"structure_id":52683,"section_number":"55.1-328","catch_line":"Validation of conveyances of real property under trust instrument not authorizing sale","url":"\/55.1-328\/","token":"55.1\/I\/3\/2\/55.1-328","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-327\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1472113,"object_type":"law","relational_id":369883,"identifier":"55.1-327","token":"55.1\/I\/3\/2\/55.1-327","url":"\/55.1-327\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-327\/","token":"55.1\/I\/3\/2\/55.1-327","dublin_core":{"Title":"Sales under deeds of trust that contain no maturity date or provision authorizing sale","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-327","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>When any property, real or personal, is conveyed by deed of trust to a trustee to secure the payment of a debt, money, notes, <span class=\"dictionary\">bonds<\/span>, stocks, or other <span class=\"dictionary\">evidences<\/span> of debt and there is no date fixed for the maturity thereof and such deed of trust contains no provision authorizing the trustee to make sale of such property, or any part thereof, and the reinvestment of the proceeds of sale in other property subject to the terms of such deed of trust, the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>, or such <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">jurisdiction<\/span> of the subject matter, upon a complaint filed by any one or more of the <span class=\"dictionary\">lien<\/span> debtors, in which complaint all persons interested in such <span class=\"dictionary\">lien<\/span> and all holders of the <span class=\"dictionary\">evidences<\/span> of debt secured by the deed of trust thereon, and all other necessary or proper parties, except the <span class=\"dictionary\">plaintiffs<\/span>, shall be made <span class=\"dictionary\">defendants<\/span>, may <span class=\"dictionary\">order<\/span> a sale of such property, or any part thereof, and may invest the proceeds of sale under <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">court<\/span> subject to the terms of the deed of trust, provided that (i) the complaint sets forth <span class=\"dictionary\">facts<\/span> that will justify the sale of the property, to be verified by the <span class=\"dictionary\">affidavit<\/span> of at least one of the <span class=\"dictionary\">plaintiffs<\/span>, (ii) no <span class=\"dictionary\">order<\/span> shall be made authorizing such sale unless it is shown to the satisfaction of the <span class=\"dictionary\">court<\/span> that the interests of the <span class=\"dictionary\">lien<\/span> debtor or debtors will be promoted and the interests of no person holding the <span class=\"dictionary\">evidences<\/span> of debt secured by the deed of trust will be violated thereby, and (iii) the <span class=\"dictionary\">plaintiff<\/span> or the <span class=\"dictionary\">party<\/span> for whose benefit the action is brought shall bear the cost.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSALES UNDER DEEDS OF TRUST THAT CONTAIN NO MATURITY DATE OR PROVISION\nAUTHORIZING SALE (\u00a7 55.1-327)\n\nWhen any property, real or personal, is conveyed by deed of trust to a trustee\nto secure the payment of a debt, money, notes, bonds, stocks, or other evidences\nof debt and there is no date fixed for the maturity thereof and such deed of\ntrust contains no provision authorizing the trustee to make sale of such\nproperty, or any part thereof, and the reinvestment of the proceeds of sale in\nother property subject to the terms of such deed of trust, the circuit court, or\nsuch court having jurisdiction of the subject matter, upon a complaint filed by\nany one or more of the lien debtors, in which complaint all persons interested\nin such lien and all holders of the evidences of debt secured by the deed of\ntrust thereon, and all other necessary or proper parties, except the plaintiffs,\nshall be made defendants, may order a sale of such property, or any part\nthereof, and may invest the proceeds of sale under order of court subject to the\nterms of the deed of trust, provided that (i) the complaint sets forth facts\nthat will justify the sale of the property, to be verified by the affidavit of\nat least one of the plaintiffs, (ii) no order shall be made authorizing such\nsale unless it is shown to the satisfaction of the court that the interests of\nthe lien debtor or debtors will be promoted and the interests of no person\nholding the evidences of debt secured by the deed of trust will be violated\nthereby, and (iii) the plaintiff or the party for whose benefit the action is\nbrought shall bear the cost.\n\nHISTORY: 1932, p. 77; Michie Code 1942, \u00a7 5167a; Code 1950, \u00a7 55-61; 2019, c.\n712.","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"}}