Title 42, Real Property.

The word “grant,” and the phrase “bargain and sell,” or any other words purporting to transfer the whole estate shall be construed to pass the whole estate and interest in the property described, unless there be limitations or reservations showing a different intent.

Where a remainder shall be limited to the heirs or heirs of the body of a person to whom a life estate in the same premises shall be given, the persons who, on the termination of the life estate, shall be the heirs or the heirs of the body of such tenant for life shall be entitle…

Where a future estate shall be limited to heirs, or issue, or children, posthumous children shall be entitled to take in the same manner as if living at the death of their parent; and a future estate depending on the contingency of the death of any person without heirs, or issue,…

In any deed or will of real or personal estate in the District of Columbia, executed after March 3, 1901, the words “die without issue,” or the words “die without leaving issue,” or the words “have no issue,” or other words which may import either a want or failure of issue of an…

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…

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.

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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.

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.

(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…

(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…

(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…

(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, …

(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…

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…

(a) No purchaser from a foreclosure auction or other auction shall issue a notice to quit or otherwise initiate an action for possession, ejectment, or their equivalents, or charge rent, fair use and occupancy, or their equivalents, against a current occupant unless a deed transf…

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 …

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…

(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…

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…

*NOTE: This section includes amendments by emergency legislation that will expire on November 11, 2026. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.* (a) For purposes o…

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…

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 …

The Act entitled “An Act to better define and regulate the rights of aliens to hold and own real estate in the territories,” approved March 2, 1897 (48 U.S.C. §§ 1501 -1507 ), be, and the same is hereby, amended so as to extend to aliens the same rights and privileges concerning …

An Act entitled “An Act to restrict the ownership of real estate in the territories to American citizens, and so forth,” approved March 3, 1887, be so amended that the same shall not apply to or operate in the District of Columbia, so far as relates to the ownership of legations,…

(a) Any person who is the owner of vacant property in the District of Columbia and who is not a resident of the District of Columbia must appoint or employ an agent who is a resident of the District of Columbia. This person shall be authorized by the owner and shall be responsibl…

A power is an authority to do some act in relation to lands or the creation of estates therein or of charges thereon which the owner granting or reserving such power might himself lawfully perform.

A power is general where it authorizes the alienation in fee, by means of a conveyance, will, or charge, of the lands embraced in the power to any alienee whatever.

A power is special: (1) Where the persons or class of persons to whom the disposition of the lands under the power is to be made is designated; (2) Where the power authorizes the alienation, by means of a conveyance, will, or charge, of a particular estate or interest less than a…

A general or special power is beneficial where no person other than the grantee has, by the terms of its creation, any interest in its execution.

Where an absolute power of disposition, not accompanied by any trust, shall be given to the owner of a particular estate for life or years, such estate shall be changed into a fee, absolute in respect to the rights of creditors and purchasers but subject to any future estates lim…

Where a like power of disposition shall be given to any person to whom no particular estate is limited, such person shall also take a fee, subject to any future estates that may be limited thereon but absolute in respect to creditors and purchasers.

In all cases where such power of disposition is given and no remainder is limited on the estate of the grantee of the power, such grantee shall be entitled to an absolute fee.

Where a general and beneficial power to devise the inheritance shall be given to a tenant for life or for years, such tenant shall be deemed to possess an absolute power of disposition, within the meaning and subject to the provisions of §§ 42-1005 to 42-1007.

The grantor in any conveyance may reserve to himself any power, beneficial or in trust, which he might lawfully grant to another, and every power thus reserved shall be subject to the provisions of this chapter as if granted to another.

Every special and beneficial power shall be liable, in equity, to the claims of creditors, and the execution of the power may be decreed for the benefit of the creditors entitled.

A general power is in trust when any person or class of persons other than the grantee of such power is designated as entitled to the proceeds, or any portion of the proceeds or other benefits to result from the alienation of the lands, according to the power.

A special power is in trust: (1) When the disposition which it authorizes is limited to be made to any person or class of persons other than the grantee of such power; (2) When any person or class of persons other than the grantee is designated as entitled to any benefit from the…