Los Angeles, CA asked in Contracts, Foreclosure and Real Estate Law for Virginia

Q: Statute of Limitations on enforcing Virginia deed that was accelerated, and 2 owners dying. 5 years + 2 years?

This is a Virginia reverse mortgage deed of trust that was accelerated when last owner died. Then subsequent owner who inherited died later as well. Due to acceleration, is the 5 or 6 year contract SOL valid, plus adding a year for each death of owner? Finally, does a Lis Pendens stop or affect the SOL computation time clock? Thank you!

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: You should probably read:

§ 8.01-236. Limitation of entry on or action for land.

No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first accrued to such person or to some other person through whom he claims; provided that an action for unlawful entry or detainer under § 8.01-124 shall be brought within three years after such entry or detainer.

Code 1950, § 8-5; 1954, c. 604; 1977, c. 617; 1978, c. 471.

I'm not rendering an opinion when I haven't seen the deed of trust, but it is likely enforced by an action to enter on the land to foreclose. You should seek counsel to review the actual documents.

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