CHAP. 331.—An ACT to amend and re-enact Section 5827, as heretofore amended,
of the Code of Virginia, relating to limitations on enforcement of deeds of trust,
mortgages and certain other liens. [H B 246]

Approved March 31, 1942
1. Be it enacted by the General Assembly of Virginia, That section

ufty-eight hundred and twenty-seven, as heretofore amended, of the Code
of Virginia, be amended and re-enacted, as follows :
cus, 331,332] ACTS OF ASSEMBLY 505

Section 5827. Limitation of enforcement of deeds of trust, mort-
gages and liens to secure payment of unpaid purchase money.—No deed of
trust or mortgage heretofore or hereafter given to secure the payment of
money and no lien heretofore or hereafter reserved to secure the pay-
ment of unpaid purchase money, shall be enforced after twenty years from
the time when the original obligation last maturing thereby secured shall
have become due and payable; provided that the period of one year from
the death of any party in interest shall be excluded from the computation
of time; but the limitations prescribed by this section may be extended
by an endorsement to that effect, entered prior to the expiration of the
limitation period prescribed herein upon the margin of the page of deed
book on which the same is recorded, when such endorsement is duly
executed by the party in whom the beneficial title to the property so en-
cumbered is at the time of such endorsement or his duly authorized at-
torney in fact, or agents, and attested by the clerk of the court in which
such lien is recorded, which endorsement shall be held to extend the limi-
tations of the right to enforce said lien for twenty years from the date of
such endorsement. The clerk of the said court shall index said extension in
both names in the index of the deed book and on the general index in his
office, and give reference to the book and page in which the original writ-
ing is recorded. Unless the deed or deeds executed pursuant to the fore-
closure of any mortgage or to the execution of or sale under any deed of
trust be recorded in the county or corporation where the land is situated
within one year after the time the right to enforce said mortgage or deed
of trust shall have expired as hereinabove provided, such deed or deeds
shall be void as to all purchases for valuable consideration without notice
and lien creditors who shall make any purchase of or acquire any lien
on the land conveyed by any such deed prior to the time that such deed
is so recorded. This section shall not be construed to embrace any deed
of trust or mortgage executed by a corporation, or any investment or loan
of funds arising from the sale or other disposition of glebe lands in the
several counties of the State.

This section shall continue in force as it was prior to this amend-
ment, until July the first, nineteen hundred and forty-three and thereafter
it shall be in force as hereby amended.