§ 8.01-525.1 — Recordation; notice of sale; preferences prohibited

Virginia § 8.01-525.1

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 18.1: Assignments For Benefit Of Creditors
• Art. 1: Assignment of Property

Text

Whenever a deed of assignment for the benefit of creditors is executed, the deed shall be recorded. If no notice of the sale has previously been given, the trustee named in such deed, or the one substituted in the manner prescribed in this article, before selling under the deed of assignment, shall, at least 10 days before the sale, notify each of the creditors named in the deed by certified mail, return receipt requested, advising of (i) the execution of such sale; (ii) when, where, and how the sale will be held; (iii) the terms of such sale; and (iv) whether or not the deed provides that acceptance shall be in full satisfaction. No creditor shall be preferred in the deed except those given a lien or preference by law, or those having a valid lien upon the property conveyed, or some part of such lien, and those having a lien shall be preferred only to the extent of the value of the property upon which they have a lien.

Legislative History

1924, p. 657; Michie Code 1942, § 5278b; Code 1950, § 55-156; 2019, c. 712.