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Abstract

This article deals with foreclosure of a deed of trust in Virginia.

The Introduction discusses the deed of trust or mortgage as a social

and political institution and the foreclosure crisis that seems

to be ending. Part I is a brief history of mortgage law. It provides

a short history of the modern mortgage system in the United

States. Part II follows with a description of the approach that

Virginia takes to mortgages. It localizes the mortgage institution

to Virginia and introduces Virginia's vocabulary and technical details,

the deed of trust, and the parties' rights and obligations.

Part III provides the procedures required to foreclose in Virginia

and sell the property used to secure the debt in the event of mortgage

default. It develops the debtor's default, the creditor's foreclosure,

and the sale. Part IV outlines the potential responses and

defenses that a borrower may use when facing foreclosure after

default. It includes the borrower's defenses, redemption, techniques

to assert a defense, the "show-me-the-note" response, the

Servicemembers Civil Relief Act, federal bankruptcy, and selfhelp

and civil disobedience. The ideas for change in Part V offer

suggestions for reforming the Virginia mortgage system to better

protect borrowers, while maintaining the efficiency of the foreclosure

process.

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