If any person shall declare in a bond, bill, note or other instrument by which he is or may become liable for the payment of money to another or by a writing thereon or annexed thereto that he waives, as to such obligation, the exemption from liability of the property or estate which he may be entitled to claim and hold exempt under the provisions of this chapter, such property or estate, whether previously set apart or not, shall be liable to be subjected for such obligation, under legal process, in like manner and to the same extent as other property or estate of such person. But such waiver shall not extend to or affect the exemption of the property or estate exempt under §§ 34-26, 34-27 and 34-29. The following or equivalent words shall be sufficient to operate as the waiver hereinbefore provided for: "I (or we) waive the benefit of my (or our) exemption as to this obligation." If a debt which is superior to the homestead, or as to which the homestead is waived, be paid off by a surety therein, the principal shall not be allowed to claim the homestead as against such surety.
Code 1919, § 6548.
Notes of Decisions
Baum v. United Virginia Bank (In Re Baum), 15 B.R. 538 (Bankr. E.D. Va. 1981).
· cites it 2× “While the Virginia homestead statute allows the enforcement of a homestead waiver (Code of Virginia § 34-22, as amended), the Bankruptcy Code does not.”
Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007).
“2d 935, 944-45 (1993); and Virginia: Va.Code Ann. § 34-22 (2005). [6] E.g., Rogers v.”
In Re Lamm, 47 B.R. 364 (E.D. Va. 1984).
· cites it 2× “Section 34-22 Code of Virginia provides one of the means by which the homestead may be waived.”
Barbarossa v. Beneficial Fin. Co. of Newport News, 438 F. Supp. 840 (E.D. Va. 1977).
· cites it 3× “While it is true that jurisdictions not having constitutional or statutory authorization for homestead exemption waivers have found them void as against their public policy, Virginia is among those jurisdictions that permit the householder to waive the benefit of his homestead…”
Dockery v. Flanary, 73 S.E.2d 375 (Va. 1952).
· cites it 2× “” Section 34-22 of the Virginia Code of 1950 provides for a waiver by the debtor of the homestead exemption which he is entitled to claim under section 34-4, and in sections 34-23 ff.”
Free Bridge Auto Sales v. Fitzgerald, 48 Va. Cir. 1 (Charlottesville Cir. Ct. 1999).
· cites it 7× “” Va. Code §34-22 recognizes that individuals may waive their Homestead Exemption: *2 If any person shall declare in a bond, bill, note or other instrument by which he is or may become liable for the payment of money to another or by a writing thereon or annexed thereto that he…”
NationsBank of Virginia, N.A. v. Barnes, 33 Va. Cir. 184 (Loudoun Cir. Ct. 1994).
· cites it 2× “While the Notes contained a general waiver of all exemptions, Defendants may still be entitled to the Poor Debtor’s Exemption under Virginia Code § 34-22. However, this is an issue concerning the amount which may eventually be recovered by Plaintiff and does not negate…”
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