In Marriott v. Harris, 235 Va. 199, 368 S.E.2d 225, 227-28, 4 Va. Law Rep. 2357 (Va. 1988) the developers transferred the homeowners' promissory notes to a third-party bank before the required infrastructure became statutorily due. Id. at 239. The homeowners ceased making their monthly payments and the third-party bank attempted to foreclose. Id. at 227-28. The Virginia Supreme Court reasoned that because the notes were negotiable and had been transferred to a holder in due course, the homeowners had no defense to enforcement of the promissory notes. Id. at 237-39.