As used in this article, unless the context requires otherwise:
"Day" means calendar day.
"Document" means information that is:
1. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
2. Eligible to be recorded in the land records maintained by the clerk.
"Electronic," as defined in the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality or any other legal or commercial entity.
"Real property" means real property that is used for residential or nonresidential purposes.
"Recording data" means the date, and deed book and page number or instrument number, that indicates where a document is recorded in the land records of the clerk of the circuit court pursuant to Chapter 6 (§ 55.1-600 et seq.).
"Secured creditor" means a person that holds or is the beneficiary of a security interest or that is authorized both to receive payments on behalf of a person that holds a security interest in real property and to record a satisfaction of the security instrument upon receiving full performance of the secured obligation. "Secured creditor" does not include a trustee under a security instrument. "Secured creditor" also includes "lender" as used in Chapter 10 (§ 55.1-1000 et seq.) and "lien creditor" and "servicer" as defined in § 55.1-339.
"Secured obligation" means an obligation the payment or performance of which is secured by a security interest.
"Security instrument" means an agreement, however denominated, that creates or provides for a security interest, whether or not it also creates or provides for a lien on personal property.
"Security interest" means an interest in real property created by a security instrument, securing payment, or performance of an obligation and includes a mortgage or deed of trust.
"Sign" means, with present intent to authenticate, accept, or adopt a document:
1. To execute or adopt a tangible symbol; or
2. To attach to or logically associate with the document an electronic sound, symbol, or process.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
"Submit for recording" means to deliver, with required fees and taxes, a document sufficient to be recorded under this article to the office of the clerk of the circuit court pursuant to Chapter 6 (§ 55.1-600 et seq.).
2006, c. 907, § 55-66.9; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 3 - Form and Effect of Deeds and Covenants; Liens
§ 55.1-300.1. Certificate of Release of Certain Prohibited Covenants
§ 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
§ 55.1-306.1. 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
§ 55.1-315. Effect of option; recording
§ 55.1-316. Form of deed of trust to secure debts, etc.
§ 55.1-317. Requirements for trustees
§ 55.1-318.1. 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
§ 55.1-337. 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
§ 55.1-348. 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
§ 55.1-353. Effect of word "covenants."
§ 55.1-354. Effect of covenant of general warranty
§ 55.1-355. Covenant of special warranty
§ 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."