Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
D.C. Code § 42-801 Execution, acknowledgment, and recordation in same manner as deeds
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Mortgages and deeds of trust to secure debts, conveying any estate in land, shall be executed and may be acknowledged and recorded in the same manner as absolute deeds; and they shall take effect both as between the parties thereto and as to others, bona fide purchasers and mortg…
D.C. Code § 42-802 Duty of Recorder
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It shall be the duty of the Recorder of Deeds to record all such mortgages and deeds of trust in the same manner as absolute deeds.
D.C. Code § 42-803 Estate of mortgagee or trustee; conveyance thereof
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The legal estate conveyed to a mortgagee, his heirs and assigns, or to a trustee to secure a debt, his heirs and assigns, shall be construed and held to be a qualified fee simple, determinable upon the release of the mortgage or deed of trust, as hereinafter provided, or the appo…
D.C. Code § 42-804 Survival of mortgagee’s or trustee’s title
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Whenever a mortgage or deed of trust to secure a debt is executed to 2 or more mortgagees or trustees in fee simple, upon the death of any 1 or more of them the legal title and the trust attached to it shall be held to survive to the survivor or survivors and the heirs of the las…
D.C. Code § 42-805 While action pending, money due payable to mortgagee or court; effect thereof
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Where any action shall be brought on any bond for payment of the money secured by mortgage, or performance of the covenants therein contained, or where any action of ejectment shall be brought in any court of record by any mortgagee or mortgagees, his, her, or their heirs, execut…
D.C. Code § 42-806 Decree or order without hearing where defendant files request and plaintiff files admission
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Where any bill or bills, suit or suits, shall be filed, commenced, or brought in the court of equity, by any person or persons having or claiming any estate, right, or interest, in any lands, tenements, or hereditaments, under or by virtue of any mortgage or mortgages thereof, to…
D.C. Code § 42-807 Limitations upon right of redemption in §§ 42-805 and 42-806
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Sections 42-805 and 42-806 or anything therein contained, shall not extend to any case where the person or persons, against whom the redemption is or shall be prayed, shall (by writing under his, her, or their hands, or the hand of his, her, or their attorney, agent, or solicitor…
D.C. Code § 42-808 Conveyance or assurance by infant following court order
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It shall and may be lawful to and for any person or persons, under the age of 18, by the direction of the court of chancery, signified by an order made upon hearing all parties concerned, on the petition of the person or persons for whom such infant or infants shall be seized or …
D.C. Code § 42-809 Conveyance or assurance by infant trustee or mortgagee under court order
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All and every such infant or infants, being only trustee or trustees, mortgagee or mortgagees, as aforesaid, shall and may be compelled by such order so, as aforesaid, to be obtained, to make such conveyance or conveyances, assurance or assurances, as aforesaid, in like manner as…
D.C. Code § 42-810 Mortgagee may redeem prior mortgage; prior mortgage may not bar
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If it so happen there be more than 1 mortgage at the same time made, by any person or persons to any person or persons, of the same lands and tenements, the several late or under mortgagees, his, her, or their heirs, executors, administrators, or assigns, shall have power to rede…
D.C. Code § 42-811 Appointment of trustee in event of death of mortgagee or trustee; procedure; summary decree
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In case of the death of a sole mortgagee or trustee, or the last survivor of several, if the debt secured by the mortgage or deed of trust shall not have been paid, the party entitled thereto may file a petition in the court having probate jurisdiction, setting forth under oath t…
D.C. Code § 42-812 Equity practice followed where answer sets up defense against foreclosure
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If matter of defense against the foreclosure of said mortgage or the enforcement of said deed of trust be set up in answer to said rule, the further proceedings shall be according to the practice in equity after answer filed.
D.C. Code § 42-813 Replacement of deceased, appointed trustee
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In case of the death of any trustee appointed as aforesaid without having executed the trusts of the mortgage or deed of trust, a like proceeding to that provided for in § 42-811 may be had to appoint a successor to him in the said trusts.
D.C. Code § 42-814 Petition for new trustee; causes; procedure; written agreement of parties
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(a) In case of the refusal of any trustee named in a deed of trust to secure a debt to accept the trusts thereby created, or of his resignation of said trust after accepting the same, which is hereby allowed, or of his removal from the District of Columbia, or of his inability to…
D.C. Code § 42-815 Application to court to fix terms and determine notice of sale; notice under power of sale provision
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(a) If the length of notice and terms of sale are not prescribed by the mortgage or deed of trust, or be not left therein to the judgment or discretion of the mortgagee or trustee, any person interested in such sale may apply to the court, before such sale is advertised, to fix t…
D.C. Code § 42-815.01 Right to cure residential mortgage foreclosure default
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(a) For the purposes of §§ 42-801 through 42-804 and §§ 42-811 through 42-819, the term “residential mortgage” means a loan secured by a deed of trust or mortgage, used to acquire or refinance real property which is improved by 4 or fewer single-family dwellings, including condom…
D.C. Code § 42-815.02 Foreclosure mediation
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(a) For the purposes of this section, the term: (1) “Borrower” means a residential mortgage borrower and, if different from the residential mortgage borrower, the person who holds record title. (2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, …
D.C. Code § 42-815.03 Establishment of Foreclosure Mediation Fund
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(a)(1) There is established as a nonlapsing special fund, the Foreclosure Mediation Fund (“Fund”), into which shall be deposited the fees and penalties generated by the foreclosure mediation program, the District’s share of proceeds from the February 2012 consent judgments betwee…
D.C. Code § 42-815.04 Construction
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Other than a judicial review as permitted in § 42-815.02(e)(3) and the rights asserted in § 42-815.02(h-2) and (h-4), nothing in §§ 42-801 through 42-804 and §§ 42-811 through 42-819 shall be construed to create any new administrative, judicial, or other review not otherwise avai…
D.C. Code § 42-816 Sale of property — Deficiency judgments; limitations thereon; relief in suit to enforce vendor’s lien
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In all cases of application to said court to foreclose any mortgage or deed of trust, the equity court shall have authority, instead of decreeing that the mortgagor be foreclosed and barred from redeeming the mortgaged property, to order and decree that said property be sold and …
D.C. Code § 42-817 Sale of property — Amount creditor to pay if purchaser
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If a creditor, for the payment of whose debt property shall be sold under a deed of trust, shall become the purchaser at such sale, he shall be entitled to credit the amount of the purchase money against the debt, and shall be only required to pay to the trustee the excess of the…
D.C. Code § 42-818 Commission to mortgagee or trustee; rates; when advertised sale not held
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(a) Among the lawful expenses of a sale under a mortgage or deed of trust is to be allowed a commission on the proceeds of sale to the mortgagee or trustee. Where the mortgage or deed of trust does not fix the rate of commission the mortgagee or trustee shall be allowed a commiss…
D.C. Code § 42-818.01 Tracking addresses
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Every deed of trust or substitution of trustee offered for recordation shall have the name and address of each party to the deed of trust or substitution of trustee typed or printed directly above or below the signature of the party. Deeds of trust or substitution of trustee subm…
D.C. Code § 42-818.02 Procedures for release of deed of trust
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(a) For purposes of this section, the term: (1) “Ancillary security instrument” means an assignment of leases with respect to the real property described in a deed of trust, an assignment of rents from or arising out of the real property described in a deed of trust, a financing …
D.C. Code § 42-819 Petition for deed of release after death of mortgagee or trustee; procedure; summary determination
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In case of the death of a sole mortgagee or trustee or the last survivor of several, as aforesaid, if the debt secured by the mortgage or deed of trust shall have been paid, and it is desired by the party paying the same to obtain a deed of release, the said party may file a peti…
D.C. Code § 42-820 Conveyance by and for individuals with mental disabilities following court order
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It shall and may be lawful to and for any person or persons with an intellectual disability or mental illness or non compos mentis, or for the committee or committees of such person or persons, in his, her, or their name or names, by the direction of the chancellor, signified by …