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 § 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 § 34-26.
Code 1919, § 6564; 1938, p. 218; 1940, p. 615; 1992, c. 644; 2002, c. 88.
Structure Code of Virginia
Title 34 - Homestead and Other Exemptions
Chapter 3 - Other Articles Exempt
§ 34-26. Poor debtor's exemption; exempt articles enumerated
§ 34-27. Additional articles exempted to householder engaged in agriculture
§ 34-28. Deed of trust, etc., on such property void
§ 34-28.1. Personal injury and wrongful death actions exempt; exceptions