Code of Virginia
Chapter 3 - Interest and Usury
§ 6.2-325. Certain loans secured by first deed of trust or mortgage

A. As used in this section, "real estate" includes a leasehold estate of not less than 25 years.
B. Notwithstanding the provisions of any law relating to interest or usury, contracts made for the loan of money, secured or to be secured by a first deed of trust or first mortgage on real estate, or by a first priority security interest in the stock of a residential cooperative housing corporation, may be enforced as agreed in the contract of indebtedness or other agreement signed by the borrower.
C. For the purpose of this section, an interest rate which varies in accordance with any exterior standard, or which cannot be ascertained from the contract without reference to any exterior circumstances or documents, shall be enforceable as agreed in the contract of indebtedness or other signed agreement.
D. Disclosure of charges in a disclosure given to the borrower pursuant to federal disclosure laws or regulations and acceptance of the loan proceeds by the borrower shall be deemed an agreement signed by the borrower within the meaning of this section.
1987, c. 622, § 6.1-330.69; 2010, c. 794.

Structure Code of Virginia

Code of Virginia

Title 6.2 - Financial Institutions and Services

Chapter 3 - Interest and Usury

§ 6.2-300. Definitions

§ 6.2-301. Legal rate of interest; when legal rate implied

§ 6.2-302. Judgment rate of interest

§ 6.2-303. Contracts for more than legal rate of interest

§ 6.2-304. Plea of usury; judgment

§ 6.2-305. Recovery of twice total usurious interest paid; limitation of action; injunction to prevent sale of property pending action; effect of errors in computation

§ 6.2-306. Waiver of rights violative of public policy

§ 6.2-307. Assertion of defenses or claims by borrowers; effect of assignment

§ 6.2-308. Entities not permitted to plead usury

§ 6.2-309. Charges by banks and savings institutions on installment loans

§ 6.2-310. Rate of interest chargeable by state banks and savings institutions

§ 6.2-311. Closed-end installment loans by sellers of goods or services

§ 6.2-312. Open-end credit plans

§ 6.2-313. Open-end credit extended by banks or savings institutions

§ 6.2-314. Motor vehicle purchase loans by subsidiaries and affiliates of banks and savings institutions

§ 6.2-315. Loans by certain financial institutions or brokers payable on demand or having a term up to one year

§ 6.2-316. Loans of $5,000 or more made by certain financial institutions

§ 6.2-317. Loans of $5,000 or more for business or investment purposes

§ 6.2-318. Loans by credit unions

§ 6.2-319. Loans by pension plans to participants

§ 6.2-320. Loans by industrial loan associations

§ 6.2-321. Loans pursuant to stock option financing programs

§ 6.2-322. Extensions of credit on pledged securities

§ 6.2-323. Educational loans by banks or savings institutions

§ 6.2-324. Educational loans by private institution of higher education

§ 6.2-325. Certain loans secured by first deed of trust or mortgage

§ 6.2-326. Fees and charges in connection with loans by real estate lenders

§ 6.2-327. Certain loans secured by a subordinate deed of trust or mortgage

§ 6.2-328. Charges allowed on loan secured by subordinate mortgage

§ 6.2-329. Loans insured or guaranteed by certain governmental agencies