Chapter 4. Limitations of Actions · Article 2. Limitations on Recovery of Realty and Enforcement of Certain Liens Relating · Last amended 2008 · Last verified July 16, 2026
In one sentenceSection 8.01-241.1 sets out the certificate form beneficial titleholders must substantially follow to extend, under § 8.01-241, the limitations period for enforcing a deed of trust or mortgage lien for another ten years.
Full Text of § 8.01-241.1
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Any extension of the limitations of the right to enforce the lien of a deed of trust or mortgage shall conform substantially with the following form:
CERTIFICATE OF EXTENSION OF LIMITATION OF RIGHT TO ENFORCE DEED OF TRUST OR MORTGAGE
Place of Record...........................................................… Date of Deed of Trust/Mortgage...........................................… Deed Book..............… Book Page....................................… Name of Guarantor(s)......................................................… Name of Trustee(s)........................................................… Maker(s) of Note..........................................................… Date of Note(s)...........................................................…
I/we, the beneficial title holder(s) of the property encumbered by the above mentioned deed of trust/mortgage, do hereby certify that the lien of the same is hereby extended 10 years from the date of my/our endorsement upon this certificate.
Beneficial Titleholder/Attorney-in-Fact/Agent Commonwealth of Virginia County/City of................…:
Subscribed, sworn to and acknowledged before me by
...........…, this … day of........, 20 …
My Commission expires:................…
Notary Public
Plain-English Summary
Section 8.01-241.1 supplies the paperwork that makes the extension mechanism in § 8.01-241 work. It sets out a certificate of extension, to be recorded in the clerk’s office where the underlying deed of trust or mortgage is recorded, and requires that any extension of the limitations period conform substantially to this form. The certificate identifies the place of record, the date of the deed of trust or mortgage, the deed book and page, and the parties to the loan, then has the beneficial titleholder (or an attorney-in-fact or agent) certify that the lien’s enforcement period is extended ten years from the date of endorsement, signed and acknowledged before a notary.
Because § 8.01-241 requires the extension certificate to be recorded before the original period runs out, this form exists to make sure that recordation is done consistently and unambiguously — with the notarized signature giving the extension the same formal reliability as the original deed of trust or mortgage recording.
Frequently Asked Questions
What is the purpose of the certificate described in Section 8.01-241.1?
It provides the form for extending, under § 8.01-241, the limitations period for enforcing a deed of trust or mortgage for another ten years.
Who signs the extension certificate?
The beneficial title holder of the property encumbered by the deed of trust or mortgage, or that person’s attorney-in-fact or agent.
Does the certificate have to match this form exactly?
No. The statute requires the extension to conform substantially with the form provided, not to match it word for word.
How much additional time does recording this certificate provide?
The certificate extends the lien’s enforcement period ten years from the date of the endorsement upon the certificate.
Does the certificate need to be notarized?
Yes. The form includes a notary acknowledgment section, confirming the signature was subscribed, sworn to, and acknowledged before a notary public.
Amendment History
1994, c. 547; 2008, c. 226.
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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