Nothing in this article, nor anything concerning rents, profits, and improvements, in Article 14 (§ 8.01-131 et seq.) of this chapter, shall extend or apply to any suit brought by a mortgagee, or trustee in a deed of trust to secure creditors, his heirs, or assigns, against a mortgagor or grantor in such deed of trust, his heirs, or assigns, for the recovery of the mortgaged premises or of the land conveyed by such deed of trust.
§ 8.01-174.Exception as to mortgagees and trustees.
Chapter 3. Actions · Article 15. Improvements · Last amended 1977 · Last verified July 16, 2026
In one sentenceArticle 15’s improvement provisions, and Article 14’s rules on rents, profits, and improvements, do not apply to a suit by a mortgagee or deed-of-trust trustee to recover mortgaged or secured property from the mortgagor, grantor, or their heirs and assigns.
Full Text of § 8.01-174
Plain-English Summary
Section 8.01-174 carves out an entire category of case from the improvements framework. Everything Article 15 provides — the pleading for improvements, the jury’s valuation, the offset against damages, the lien for any balance — does not apply when the suit is brought by a mortgagee, or by a trustee under a deed of trust securing creditors, to recover the mortgaged property or the land conveyed by the deed of trust.
The same exclusion reaches Article 14’s provisions on rents, profits, and improvements. The parties on the other side of the exception are the mortgagor or the grantor in the deed of trust, along with their heirs or assigns — the people who put up the property as security in the first place.
The logic follows from what a mortgage or deed of trust is: security for a debt, not a disputed claim of ownership. A mortgagor who defaults and loses the property to foreclosure or to the trustee is not the kind of good-faith occupant Article 15 was written to protect, since the mortgagor knew all along that the property secured someone else’s claim.
Frequently Asked Questions
What kind of suits does Section 8.01-174 exclude from the improvements provisions?
Suits by a mortgagee or a deed-of-trust trustee to recover the mortgaged or secured property.
Who is on the other side of a suit this exception covers?
The mortgagor or grantor in the deed of trust, or their heirs or assigns.
Does this exception also reach Article 14’s rent and profit provisions?
Yes, the exclusion extends to Article 14’s provisions on rents, profits, and improvements as well.
Why are mortgagors and grantors excluded from claiming improvement allowances?
Because they knowingly encumbered the property as security, unlike a good-faith occupant who believed the title was good.
Does this section address remedies outside Articles 14 and 15?
No, it addresses only the improvement and rent-and-profit provisions of those two articles, not separate contractual or equitable remedies.
Amendment History
Code 1950, § 8-850; 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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