Deeds of trust; fiduciary duties.
Do you support it?
Want to know if it passes?
We'll email you when SB 253 moves — a committee vote, a floor vote, or a signature. Nothing else.
Free forever · unsubscribe in one click.
Your answer was recorded either way.
Which district are you in?
Your ZIP is all we need to match you to your own representatives — so we can tell you how they voted on SB 253.
You're tracking SB 253
We'll email you the moment it moves.
SB 253 — Deeds of trust; fiduciary duties.
Last action — Continued to 2021 in Courts of Justice
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
3Passed Senate
-
4Passed House of Delegates
-
5To Executive
-
6Enacted
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Deeds of trust; fiduciary duties. Specifies that a trustee under a deed of trust has only the duties, rights, and obligations imposed and conferred on it by the deed of trust or by statute. The bill further requires that a trustee shall comply with all restrictive covenants regarding the affordability of the property and that a trustee under a deed of trust is a fiduciary for both the debtor and the creditor. This bill is in response to Crosby v. ALG Trustee, LLC, 296 Va. 561 (2018).
Bill Text
What changed in the latest version
16 added · 15 removedPlain-language change summary
In the updated version of Bill SB 253, a key change clarifies that trustees must follow all affordability restrictions related to the property under their care. Additionally, it emphasizes that a trustee does not violate their fiduciary responsibilities as long as their actions align with the terms of the deed of trust or the article itself. These adjustments aim to protect the interests of both property owners and creditors, ensuring adherence to affordability measures while providing clear guidelines for trustee conduct.
SESSION history | hilite | pdf | print version 20102906D20106654D SENATE BILL NO.
253 OfferedAMENDMENT JanuaryIN 8,THE 2020NATURE PrefiledOF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on January 2,29, 20202020) (Patron Prior to Substitute--Senator Chafin) A BILL to amend and reenact § 55.1-320 of the Code of Virginia, relating to deeds of trust;
---------- Patron-- Chafin ---------- Referred to Committee on the Judiciary ---------- Be it enacted by the General Assembly of Virginia:
A trustee has no duties, rights, or obligations other than those imposed and conferred by the deed of trust or this article,article. unless the deed of trust otherwise provides.
A trustee shall comply with all restrictive covenants regarding affordability that affect the property secured by such deed of trust.
10.
A trustee under a deed of trust is a fiduciary for both the debtor and creditor;
however, the trustee does not breach such fiduciary duty if the trustee's actions are consistent with the duties imposed upon the trustee under the terms of the deed of trust or by this article.
View plain text versions (2)
- Committee Substitute Engrossed by Senate - committee substitute SB253S1 Current html January 29, 2020
- Committee Substitute Engrossed by Senate - committee substitute SB253S1 html January 02, 2020
Action History
-
Continued to 2021 in Courts of Justice
-
Subcommittee recommends continuing to 2021
-
Assigned Courts sub: Civil
-
Referred to Committee for Courts of Justice
-
Read first time
-
Placed on Calendar
-
Passed Senate (27-Y 12-N)
-
Reconsideration of passage agreed to by Senate (40-Y 0-N)
-
Read third time and passed Senate (26-Y 13-N)
-
Engrossed by Senate - committee substitute SB253S1
-
Amendments by Senator Petersen rejected (18-Y 21-N)
-
Reading of amendments waived
-
Read second time
-
Passed by for the day
-
Passed by for the day
-
Amendments by Senator Petersen reconsidered (40-Y 0-N)
-
Passed by for the day
-
Chair votes Yes
-
Amendments by Senator Petersen agreed to (20-Y 20-N)
-
Reading of amendments waived
-
Committee substitute agreed to 20106654D-S1
-
Reading of substitute waived
-
Read second time
-
Passed by for the day
-
Passed by for the day
-
Constitutional reading dispensed (37-Y 0-N)
-
Committee substitute printed 20106654D-S1
-
Reported from Judiciary with substitute (8-Y 5-N 1-A)
-
Assigned Judiciary sub: Civil Law
-
Moved from Courts of Justice to Judiciary due to a change of the committee name
-
Referred to Committee on the Judiciary
-
Prefiled and ordered printed; offered 01/08/20 20102906D
Sponsors
- A. Benton "Ben" Chafin · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 31 voted No
Sponsors (1)
- A. Benton "Ben" Chafin
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 13 | 0 | 1 |
| Total | 26 | 13 | 0 | 1 |
| % of votes cast | 65% | 33% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 12 | 0 | 1 |
| Total | 27 | 12 | 0 | 1 |
| % of votes cast | 68% | 30% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 21 | 0 | 1 |
| Total | 18 | 21 | 0 | 1 |
| % of votes cast | 45% | 53% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 20 | 0 | 0 |
| Total | 20 | 20 | 0 | 0 |
| % of votes cast | 50% | 50% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 5 | 0 | 1 |
| Total | 8 | 5 | 0 | 1 |
| % of votes cast | 57% | 36% | 0% | 7% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Chafin, A. Benton "Ben" | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Nay |
| Jennifer B. Boysko | — | Not Voting |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Nay |
| R. Creigh Deeds | — | Nay |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Nay |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 253 do?
- Deeds of trust; fiduciary duties. Specifies that a trustee under a deed of trust has only the duties, rights, and obligations imposed and conferred on it by the deed of trust or by statute. The bill further requires that a trustee shall comply with all restrictive covenants regarding the affordability of the property and that a trustee under a deed of trust is a fiduciary for both the debtor and the creditor. This bill is in response to Crosby v. ALG Trustee, LLC, 296 Va. 561 (2018).
- Who sponsors SB 253?
- SB 253 is sponsored by A. Benton "Ben" Chafin.
- What is the current status of SB 253?
- This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 253?
- Track SB 253 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 253
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 253
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →