HB2507: Deeds and deeds of trust; when trust is grantor or grantee, it shall contain certain names.


HOUSE BILL NO. 2507
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on January 31, 2011)
(Patron Prior to Substitute--Delegate Morgan)
A BILL to amend and reenact § 55-48 of the Code of Virginia, relating to form of deeds.

Be it enacted by the General Assembly of Virginia:

1.  That § 55-48 of the Code of Virginia is amended and reenacted as follows:

§ 55-48. Form of a deed.

Every deed, corrected or amended deed, deed of release, or memorandum or addendum to any of these instruments, including those with vendor's liens, shall name in the first clause each grantor and each grantee under whose names the instrument is to be indexed as required by § 17.1-249 and may be made in the following form, or to the same effect: "This deed, made the . . . . . . . . day of . . . . . . . ., in the year . . . . . . . . . ., between (here insert names of parties as grantors or grantees), witnesseth: that in consideration of (here state the consideration), the said . . . . . . . . doth (or do) grant unto the said . . . . . . . ., all (here describe the property, including the name of the city or county in which the property is located, and insert covenants or any other provisions). Witness the following signature and seal (or signatures and seals)." If the grantor or grantee is a trust, the first clause of the deed shall also contain the names of the trust's trustees serving at the time the deed was made.

HOUSE BILL NO. 2507
Offered January 21, 2011
A BILL to amend and reenact §§ 55-48 and 55-58 of the Code of Virginia, relating to form of deeds and deeds of trust.
Patrons-- Morgan and Pogge

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That §§ 55-48 and 55-58 of the Code of Virginia are amended and reenacted as follows:

§ 55-48. Form of a deed.

Every deed, corrected or amended deed, deed of release, or memorandum or addendum to any of these instruments, including those with vendor's liens, shall name in the first clause each grantor and each grantee under whose names the instrument is to be indexed as required by § 17.1-249 and may be made in the following form, or to the same effect: "This deed, made the . . . . . . . . day of . . . . . . . ., in the year . . . . . . . . . ., between (here insert names of parties as grantors or grantees), witnesseth: that in consideration of (here state the consideration), the said . . . . . . . . doth (or do) grant unto the said . . . . . . . ., all (here describe the property, including the name of the city or county in which the property is located, and insert covenants or any other provisions). Witness the following signature and seal (or signatures and seals)." If the grantor or grantee is a trust, the first clause of the deed shall also contain the names of (i) the trust's trustees and registered agent, if any, serving at the time the deed was made and (ii) the settlors of the trust living at the time the deed was made.

§ 55-58. Form of deed of trust to secure debts, etc.

A deed of trust to secure debts or indemnify sureties may be in the following form, or to the same effect, and shall name in the first clause each (i) grantor, (ii) trustee, and, if applicable, (iii) grantee under whose names the deed of trust is to be indexed as required by § 17.1-249: "This deed, made the . . . . . day of . . . . . . . ., in the year . . . . . . . ., between . . . . . . . . . . (the grantor), of the one part, and . . . . . . . . . (the trustee), of the other part, witnesseth: that the said . . . . . . . . (the grantor) doth (or do) grant unto the said . . . . . . . . (the trustee), the following property (here describe it): In trust to secure (here describe the debts to be secured or the sureties to be indemnified and insert covenants or any other provisions the parties may agree upon). Witness the following signatures and seals (or signature and seal)." If the grantor or grantee is a trust, the first clause of the deed of trust shall also contain the names of (a) the trust's trustees and registered agent, if any, serving at the time the deed was made and (b) the settlors of the trust living at the time the deed was made.