HOUSE BILL NO. 2678

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee for Courts of Justice

on ________________)

(Patron Prior to Substitute—Delegate Singh)

A BILL to amend and reenact § 8.01-113 of the Code of Virginia, relating to title of purchase; judicial sale; application to divorce proceedings.

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-113 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-113. When title of purchaser at judicial sale not to be disturbed.

If a sale of property is made under a decree of a court, and such sale is confirmed, the title of the purchaser at such sale shall not be disturbed unless within twelve 12 months from such confirmation the sale is set aside by the trial court or an appeal is taken to the Court of Appeals or allowed by the Supreme Court, and a decree is therein afterwards entered requiring such sale to be set aside. If a sale of property is made under a decree of a court pursuant to a divorce and such sale is confirmed, the title of the purchaser at such sale shall not be disturbed unless appealed within the time allowed by § 8.01-675.3 and, pursuant to the appeal, sale is set aside by the trial court and a decree is therein afterwards entered requiring such sale to be set aside. This limitation shall not affect any right of restitution of the proceeds of sale.