The payment of the whole sum, or the performance of the whole duty, or the accomplishment of the whole purpose, which any mortgage or deed of trust may have been made to secure or effect, shall prevent the grantee, or his heirs, from recovering at law, by virtue of such mortgage or deed of trust, property thereby conveyed, whenever the defendant would in equity be entitled to a decree, revesting the legal title in him without condition.
§ 8.01-147.When mortgagee or trustee not to recover.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-147 prevents a mortgagee or deed-of-trust grantee, or the grantee’s heirs, from recovering the conveyed property in ejectment once the secured debt or duty has been fully paid or performed, when the defendant would otherwise be entitled in equity to have title revested unconditionally.
Full Text of § 8.01-147
Plain-English Summary
Section 8.01-147 extends the same equitable protection found in Section 8.01-146 to mortgages and deeds of trust. A mortgagee or trustee may hold legal title to property as security for a debt or other obligation, even after the borrower has fully satisfied that obligation.
Once the whole sum, duty, or purpose the mortgage or deed of trust secured has been fully paid, performed, or accomplished, the statute prevents the grantee — or the grantee’s heirs — from using an ejectment action to recover the property, whenever the defendant would be entitled in equity to a decree revesting legal title without condition. The security instrument cannot be used as a tool to seize property the underlying debt no longer justifies holding.
Frequently Asked Questions
Can a mortgagee sue to recover property after the borrower has paid off the debt?
No, not through ejectment. Section 8.01-147 bars the grantee, or the grantee’s heirs, from recovering the property once the secured sum, duty, or purpose has been fully paid, performed, or accomplished, whenever the defendant would be entitled in equity to have title revested unconditionally.
Does this rule apply to deeds of trust as well as mortgages?
Yes. The statute covers both a mortgage and a deed of trust made to secure or effect payment of a sum, performance of a duty, or accomplishment of a purpose.
What has to happen for the bar in this section to apply?
The whole sum, duty, or purpose the instrument secured must be fully satisfied, and the defendant must be someone who, in equity, would already be entitled to a decree revesting legal title without any further condition.
Who besides the original mortgagee is barred from recovering the property?
The statute also bars the mortgagee’s or trustee’s heirs from recovering the property once the secured obligation is fully satisfied.
Why does the law block ejectment in this situation?
Because a mortgage or deed of trust exists only to secure an obligation. Once that obligation is fully satisfied, the legal title held as security no longer serves any purpose equity would recognize, so the statute keeps the security device from being turned into a tool for taking the property outright.
Amendment History
Code 1950, § 8-817; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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