Code of Virginia
Chapter 3 - Form and Effect of Deeds and Covenants; Liens
§ 55.1-336. Protection of assignees or transferees of debts secured by real estate; form of certificate of transfer

Whenever a debt or other obligation secured by a deed of trust, mortgage, or vendor's lien on real estate has been assigned, the assignor or the assignee, at its option, may cause the instrument of assignment to be recorded in the clerk's office of the circuit court where such deed of trust, mortgage, or vendor's lien is recorded, provided that such instrument is otherwise in recordable form, or may cause a certificate of transfer signed by the assignor to be recorded in such clerk's office, and such instrument of assignment or certificate of transfer, upon recordation, shall operate as a notice of such assignment. The instrument of assignment or certificate of transfer shall be indexed in the name of the assignor and in the names of the obligor or maker, and the trustees, as applicable, all of whose names shall be set forth in such instrument or certificate. The certificate of transfer shall conform substantially to the following:
CERTIFICATE OF TRANSFER
Place of Record:
Clerk's Office of the Circuit Court of the ________ of ________, Virginia
Date of [Deed of Trust/Mortgage/Vendor's Lien]: ________,
Deed Book ________, Page ____
Name of Obligor or Maker:
________________
Names(s) of Trustee(s) [if a Deed of Trust]:
________________
________________
Name of Original Payee or Obligee:
________________
Original Amount Secured [if applicable]: $____
The undersigned, the original payee or obligee [or the subsequent assignee] of the obligation secured by the above-mentioned [Deed of Trust/Mortgage/Vendor's Lien], hereby certifies that the obligations secured thereby have been assigned to ______
________________
[If a credit line deed of trust, the name and address to which notice may be mailed or delivered to the Noteholder as provided by § 55.1-318 is as follows:
________________
________________ ]
Given under (my/our) hand(s) as of the ______ day of ________, ____.
________________
(Assignor)
______ of ______
County/City of ________, to wit:
Subscribed, sworn to, and acknowledged before me by ________ this ______ day of ________, 20__.
My Commission Expires: ________
________________
Notary Public
Notary Registration Number: ________
For purposes of this section, the word "assigned" includes endorsed, pledged, hypothecated, or otherwise transferred. Nothing in this section shall be deemed to invalidate any other form or notice of assignment that may have been recorded prior to July 1, 1994. Nothing in this section shall imply that recordation of the instrument of assignment or a certificate of transfer is necessary in order to transfer to an assignee the benefit of the security provided by the deed of trust, mortgage, or vendor's lien.
1994, c. 806, § 55-66.01; 1995, c. 807; 1997, c. 205; 2019, c. 712.

Structure Code of Virginia

Code of Virginia

Title 55.1 - Property and Conveyances

Chapter 3 - Form and Effect of Deeds and Covenants; Liens

§ 55.1-300. Form of a deed

§ 55.1-300.1. Certificate of Release of Certain Prohibited Covenants

§ 55.1-301. How construed

§ 55.1-302. Construction of generic terms

§ 55.1-303. Appurtenances, etc., included in deed of land

§ 55.1-304. Relocation of easement

§ 55.1-305. Enjoyment of easement

§ 55.1-306. Utility easements

§ 55.1-306.1. Utility easements; expansion of broadband

§ 55.1-307. Public road easements; maintenance and improvements

§ 55.1-308. Private roads; public use; maintenance and improvements

§ 55.1-309. Deeds good between parties

§ 55.1-310. Conveyance of property not owned but subsequently acquired

§ 55.1-311. Vendor's equitable lien abolished

§ 55.1-312. Certain deeds to county real estate validated

§ 55.1-313. Validation of sales, etc., by county courts prior to 1860

§ 55.1-314. Deeds and writings executed for persons in military service, etc., under defective powers

§ 55.1-315. Effect of option; recording

§ 55.1-316. Form of deed of trust to secure debts, etc.

§ 55.1-317. Requirements for trustees

§ 55.1-318. Credit line deed of trust defined; relative priority of credit line deed of trust and other instruments of judgment

§ 55.1-318.1. Effect of amendment to loan document on deed of trust

§ 55.1-319. Priority of residential refinance mortgage over subordinate mortgage

§ 55.1-320. How deed of trust construed; duties, rights, etc., of parties

§ 55.1-321. Notices required before sale by trustee to owners, lienors, etc.; if note lost

§ 55.1-322. Advertisement required before sale by trustee

§ 55.1-323. Contents of advertisements of sale

§ 55.1-324. Powers and duties of trustee in event of sale under or satisfaction of deed of trust

§ 55.1-325. Meaning of phrases that may be included in deed of trust

§ 55.1-326. Evidences of indebtedness placed on equal footing

§ 55.1-327. Sales under deeds of trust that contain no maturity date or provision authorizing sale

§ 55.1-328. Validation of conveyances of real property under trust instrument not authorizing sale

§ 55.1-329. Permissible form for notice of sale under deed of trust

§ 55.1-330. Construction of deeds requiring notice by advertisement in newspaper

§ 55.1-331. Disposition of surplus from trustee's sale after death of grantor

§ 55.1-332. Title to real estate sold not affected by nonlisting of secured notes for taxation

§ 55.1-333. Validation of certain sales made under deeds of trust

§ 55.1-334. Validation of certain sales made under deeds of trust prior to October 1, 1977

§ 55.1-335. Validation of other sales under deeds of trust

§ 55.1-336. Protection of assignees or transferees of debts secured by real estate; form of certificate of transfer

§ 55.1-337. Required notice of foreclosure or repossession of manufactured home

§ 55.1-338. Release to person dead inures to successors

§ 55.1-339. Release of deed of trust or other lien

§ 55.1-340. Release by financial institution upon payment of debt placed with it for collection

§ 55.1-341. Partial satisfaction

§ 55.1-342. Permissible form for certificate of satisfaction or certificate of partial satisfaction

§ 55.1-343. Where certificates of satisfaction are to be indexed

§ 55.1-344. Releases made by court; costs and attorney fees

§ 55.1-345. Recordation of certificate of satisfaction, etc., required when release of lien recorded

§ 55.1-346. Applicability

§ 55.1-347. Definitions

§ 55.1-348. Document of rescission; effect; liability for wrongful recording

§ 55.1-349. Secured creditor to submit satisfaction for recording; liability for failure

§ 55.1-350. Form and effect of satisfaction

§ 55.1-351. Relation to Electronic Signatures in Global and National Commerce Act

§ 55.1-352. Uniform standards

§ 55.1-353. Effect of word "covenants."

§ 55.1-354. Effect of covenant of general warranty

§ 55.1-355. Covenant of special warranty

§ 55.1-356. Words "with general warranty," "with special warranty," and "with English covenants of title" construed

§ 55.1-357. Implied warranties on new homes

§ 55.1-358. Effect of certain transfer fee covenants

§ 55.1-359. Covenant of "right to convey."

§ 55.1-360. Covenant for "quiet possession" and "free from all encumbrances."

§ 55.1-361. Covenant for "further assurances."

§ 55.1-362. Covenant of "no act to encumber."

§ 55.1-363. Effect of certain words of release in a deed