Every deed of trust, mortgage or other writing or pledge made by a householder to give a lien on property exempt from distress or levy under § 34-26 shall be void as to such property. However, this section shall have no application to (i) property covered by a deed of trust, mortgage or other writing or pledge given by a householder to secure a loan made for the purchase of such property or (ii) security interests in such property having priority over the claim of exemption as specifically provided in subdivisions 7 and 8 of § 34-26.
Va. Code Ann. § 34-28
Deed of trust, etc., on such property void
Applied in 5 court decisions — leading case Tavenner v. Smoot (In Re Smoot) (1999)
Most recently applied in Hicks v. Washington Mutual Finance (In re Hicks) (February 2001)
Code 1919, § 6564; 1938, p. 218; 1940, p. 615; 1992, c. 644; 2002, c. 88.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.