BARNES v. VNB MORTG. CORP.

Record No. 821038.

334 S.E.2d 531 (1985)

Charles F. BARNES, Jr. v. VNB MORTGAGE CORPORATION, et al.

Supreme Court of Virginia.

September 6, 1985.


Attorney(s) appearing for the Case

David G. Lane, Vienna (Susan Smith Blakely, Lewis, Mitchell & Moore, Vienna, on briefs), for appellant.

John S. Stump, Fairfax (Boothe, Prichard & Dudley, Fairfax, on brief), for appellees.

Present: All the Justices.


CARRICO, Chief Justice.

This appeal in a declaratory judgment proceeding involves a due-on-sale clause in a deed of trust. Typically, this type of clause provides that the entire balance secured by a deed of trust may be declared immediately due and payable if the property given for security is transferred without the consent of the noteholder.

In a previous case, we considered a due-on-sale clause in the context...

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