reglab/housing_qa huggingface dataset:
DC Code § 42-814 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 8 - Mortgages and Deeds of Trust|§ 42-814. Petition for new trustee; causes; procedure; written agreement of parties

(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 act, or for any other good cause shown, it shall be lawful for any party interested in the execution of such trusts to apply to said court by petition, setting forth the appropriate facts and asking for the appointment of a new trustee in his place, and a like proceeding shall be had for the appointment of such trustee as in the case of the death of a trustee, as directed in §§ 42-811 and 42-819; provided, that any rule to show cause issued in such case shall be served upon the existing trustee, as provided in said sections. (b) Notwithstanding the provisions of subsection (a) of this section, and notwithstanding any provision in a deed of trust to the contrary, whenever the grantors named in, and the persons secured by, the deed of trust (or their successors in interest) so desire, they may by written agreement executed and acknowledged in the same manner as an absolute deed substitute any trustee named in the deed of trust with a new trustee. No written instrument entered into pursuant to this subsection shall be effective as to any person not having actual notice thereof until a notice of the appointment of the new trustee signed, sealed, and acknowledged by the parties agreeing to the appointment of the new trustee shall be recorded among the land records in the Office of the Recorder of Deeds.  (Mar. 3, 1901, 31 Stat. 1274, ch. 854, § 538; June 30, 1902, 32 Stat. 532, ch. 1329; Nov. 2, 1966, 80 Stat. 1100, Pub. L. 89-706, § 1(d); Apr. 3, 2001, D.C. Law 13-263, § 1601, 48 DCR 991; May 7, 2002, D.C. Law 14-132, § 602(b), 49 DCR 2551.)  Prior Codifications 1981 Ed., § 45-714. 1973 Ed., § 45-614. Section References This section is referenced in § 42-803, § 42-811, § 42-819, and § 47-1349. Effect of Amendments D.C. Law 14-132 revived this section as of November 6, 2001. This section had been previously repealed by D.C. Law 13-263, § 1601. Emergency Legislation Section 2 of Act 14-188, the “Protections from Predatory Lending and Mortgage Foreclosure Improvements Emergency Amendment Act”, deemed approved Nov. 27, 2001, without the signature of the Mayor, provided that D.C. Law 13-263 shall not apply beginning November 6, 2001, through March 6, 2002. For temporary (90 day) revival of section, see § 403(b) of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534). Temporary Legislation For temporary (225 day) amendment of section, see § 2 of Protections from Predatory Lending and Mortgage Foreclosure Improvements Temporary Amendment Act of 2001 (D.C. Law 14-86, March 19, 2002, law notification 49 DCR 2991).
DC Code § 42-815.04 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 8 - Mortgages and Deeds of Trust|§ 42-815.04. Construction

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 available under existing law and §§ 42-801 through 42-804 and §§ 42-811 through 42-819 shall not apply to actions for judicial foreclosure under § 42-816, or any other action for judicial foreclosure permitted under existing laws.  (Mar. 3, 1901, 31 Stat. 1274, ch. 854, § 539d; as added Nov. 5, 2013, D.C. Law 20-40, § 2(d), 60 DCR 12304.)  Effect of Amendments The 2013 amendment by D.C. Law 20-40 added this section. Emergency Legislation  For temporary (90 days) creation of this section, see § 408(a) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) creation of this section, see § 408(a) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) creation of this section, see § 408 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) creation of this section, see § 408 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).  Editor's Notes Applicability of D.C. Law 20-40: Section 8 of D.C. Law 20-40 provided that §§ 2 and 3 of the act shall apply as of November 7, 2011.
DC Code § 42-815.05 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 8 - Mortgages and Deeds of Trust|§ 42-815.05. Foreclosure moratorium during a public health emergency

 *NOTE: This section was created by temporary legislation that will expire on February 4, 2022.*   *NOTE: This section includes amendments by emergency legislation, to temporary legislation that created this section, that will expire on January 5, 2022. To view the text of the temporary legislation, click this link: Temporary Version.*  (a) Notwithstanding any provision of District law, during the period of time from March 11, 2020, until February 4, 2022, no residential foreclosure: (1) May be initiated or conducted under § 42-815 or § 42-816; or (2) Sale may be conducted under § 42-1903.13(c). (b) This subsection shall not apply to a residential property at which neither a record owner nor a person with an interest in the property as heir or beneficiary of a record owner, if deceased, has resided for at least 275 total days during the previous 12 months, as of October 1, 2021.  (June 24, 2021, D.C. Law 24-9, § 408(a), 68 DCR 004824; Oct. 7, 2021, D.C. Act 24-178, § 2(a), 0 DCR 0.)  Emergency Legislation  For temporary (90 days) amendment of this section, see § 2(a) of Foreclosure Moratorium Extension, Scheduled Eviction Assistance, and Public Emergency Extension Emergency Amendment Act of 2021 (D.C. Act 24-178, Oct. 7, 2021, 0 DCR 0).   For temporary (90 days) amendment of this section, see § 3(w) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).  Temporary Legislation  For temporary (225 days) creation of this section, see § 408(a) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
DC Code § 42-816 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 8 - Mortgages and Deeds of Trust|§ 42-816. Sale of property — Deficiency judgments; limitations thereon; relief in suit to enforce vendor’s lien

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 the proceeds be brought into court to be applied to the payment of the debt secured by said mortgage; and if, upon a sale of the whole mortgaged property, the net proceeds shall be insufficient to pay the mortgage debt, the court may enter a decree in personam against the mortgagor or other party to the suit who is liable for the payment of the mortgage debt for the residue of said debt remaining unsatisfied after applying to said debt the proceeds of such sale; provided, that the complainant would be entitled to maintain an action at law or suit in equity for said residue; which decree shall have the same effect and be enforced by execution in the same manner as a judgment at law. And in suits to enforce a vendor’s lien on real estate for unpaid purchase money similar relief may be given by a decree of sale and a decree in personam for the unsatisfied residue of the purchase money due.  (Mar. 3, 1901, 31 Stat. 1204, ch. 854, § 95; Apr. 3, 2001, D.C. Law 13-263,§ 1601, 48 DCR 991; May 7, 2002, D.C. Law 14-132, § 602(b), 49 DCR 2551.)  Prior Codifications 1981 Ed., § 45-716. 1973 Ed., § 45-616. Section References This section is referenced in § 42-815.04. Effect of Amendments D.C. Law 14-132 revived this section as of November 6, 2001. This section had been previously repealed by D.C. Law 13-263, § 1601. Emergency Legislation Section 2 of Act 14-188, the “Protections from Predatory Lending and Mortgage Foreclosure Improvements Emergency Amendment Act”, deemed approved Nov. 27, 2001, without the signature of the Mayor, provided that D.C. Law 13-263 shall not apply beginning November 6, 2001, through March 6, 2002. For temporary (90 day) revival of section, see § 403(b) of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534). Temporary Legislation For temporary (225 day) amendment of section, see § 2 of Protections from Predatory Lending and Mortgage Foreclosure Improvements Temporary Amendment Act of 2001 (D.C. Law 14-86, March 19, 2002, law notification 49 DCR 2991).
DC Code § 42-817 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 8 - Mortgages and Deeds of Trust|§ 42-817. Sale of property — Amount creditor to pay if purchaser

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 purchase money over his debt, together with such additional amount as may be necessary to defray the expenses of the sale.  (Mar. 3, 1901, 31 Stat. 1274, ch. 854, § 544; Apr. 3, 2001, D.C. Law 13-263,§ 1601, 48 DCR 991; May 7, 2002, D.C. Law 14-132, § 602(b), 49 DCR 2551.)  Prior Codifications 1981 Ed., § 45-717. 1973 Ed., § 45-617. Effect of Amendments D.C. Law 14-132 revived this section as of November 6, 2001. This section had been previously repealed by D.C. Law 13-263, § 1601. Emergency Legislation Section 2 of Act 14-188, the “Protections from Predatory Lending and Mortgage Foreclosure Improvements Emergency Amendment Act”, deemed approved Nov. 27, 2001, without the signature of the Mayor, provided that D.C. Law 13-263 shall not apply beginning November 6, 2001, through March 6, 2002. For temporary (90 day) revival of section, see § 403(b) of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534). Temporary Legislation For temporary (225 day) amendment of section, see § 2 of Protections from Predatory Lending and Mortgage Foreclosure Improvements Temporary Amendment Act of 2001 (D.C. Law 14-86, March 19, 2002, law notification 49 DCR 2991).
DC Code § 42-818 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 8 - Mortgages and Deeds of Trust|§ 42-818. Commission to mortgagee or trustee; rates; when advertised sale not held

(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 commission of 5% on the first $500 and 3% on the balance of the purchase money actually paid by the purchaser at any sale, and 1/2% on the amount of the purchase money not paid into the hands of the mortgagee or trustee, but credited on the debt, when the creditor becomes a purchaser. (b) When the property is lawfully advertised for sale under a mortgage or deed of trust, and the sale is prevented by payment of the debt or is suspended or postponed by arrangement between the parties interested, the trustee shall be entitled to a commission of 1% on the amount of the debt secured in addition to the expenses incurred by him, and he shall be entitled to such allowance as often as such advertisement shall be made necessary by the default of the debtor; provided, that if a sale shall actually take place under any such advertisement, he shall not be entitled to more than 1 such allowance in addition to his commission on the proceeds of an actual sale.  (Mar. 3, 1901, 31 Stat. 1274, ch. 854, § 545; Apr. 3, 2001, D.C. Law 13-263,§ 1601, 48 DCR 991; May 7, 2002, D.C. Law 14-132, § 602(b), 49 DCR 2551.)  Prior Codifications 1981 Ed., § 45-718. 1973 Ed., § 45-618. Effect of Amendments D.C. Law 14-132 revived this section as of November 6, 2001. This section had been previously repealed by D.C. Law 13-263, § 1601. Emergency Legislation Section 2 of Act 14-188, the “Protections from Predatory Lending and Mortgage Foreclosure Improvements Emergency Amendment Act”, deemed approved Nov. 27, 2001, without the signature of the Mayor, provided that D.C. Law 13-263 shall not apply beginning November 6, 2001, through March 6, 2002. For temporary (90 day) revival of section, see § 403(b) of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534). Temporary Legislation For temporary (225 day) amendment of section, see § 2 of Protections from Predatory Lending and Mortgage Foreclosure Improvements Temporary Amendment Act of 2001 (D.C. Law 14-86, March 19, 2002, law notification 49 DCR 2991).
DC Code § 42-818.01 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 8 - Mortgages and Deeds of Trust|§ 42-818.01. Tracking addresses

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 submitted without both the name and address of each person will not be recorded.  (March 3, 1901, 31 Stat. 1271, ch. 854, § 545a; as added Apr. 29, 1998, D.C. Law 12-86, § 701, 45 DCR 1172.)  Prior Codifications 1981 Ed., § 45-718.1.
DC Code § 42-901 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 9 - Ownership of Real Property by Aliens and Nonresidents|§ 42-901. Ownership of real estate by aliens

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 the acquisition, holding, owning, and disposition of real estate in the District of Columbia as by that Act are conferred upon them in respect of real estate in the territories of the United States. All laws and parts of laws so far as they conflict with the provisions of this section are hereby repealed.  (Feb. 23, 1905, 33 Stat. 733, ch. 733.)  Prior Codifications 1981 Ed., § 45-1301. 1973 Ed., § 45-1501.
DC Code § 42-902 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 9 - Ownership of Real Property by Aliens and Nonresidents|§ 42-902. Ownership of legations or residences by representatives of foreign governments

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, or the ownership of residences by representatives of foreign governments, or attaches thereof.  (Mar. 9, 1888, 25 Stat. 45, ch. 30.)  Prior Codifications 1981 Ed., § 45-1302. 1973 Ed., § 45-1505.
DC Code § 42-903 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 9 - Ownership of Real Property by Aliens and Nonresidents|§ 42-903. Resident agent required for care and maintenance of vacant property owned by nonresidents

(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 responsible for the care and maintenance of the property. The owner shall notify the Director of the Department of Finance and Revenue of the appointment of the agent and of any change in the agent or in the address of the agent. Any owner of vacant property in the District of Columbia found to be in violation of this section shall be subject to a penalty of $300. (b)(1) A person or entity that is the nonresident owner of one or more rental units shall appoint and continuously maintain a registered agent for the service of process. The appointment shall be made by filing a statement with the Mayor. The registered agent shall be an individual who is a resident of the District of Columbia or an organization incorporated in the District of Columbia. If the owner changes the registered agent, or if the name or address or any other information about the registered agent changes after the statement is filed with the Mayor, the nonresident owner shall file a statement notifying the Mayor of the change. (2) The Mayor shall serve as the registered agent for the nonresident owner if a registered agent is not appointed under paragraph (1) of this subsection or if the individual or organization named ceases to serve as the resident agent and no successor is appointed. (3) The Mayor shall impose a reasonable fee to cover the cost of administering this section. (c) For purposes of this section, the term “rental unit” shall have the same meaning as set forth in § 42-3501.03(33). (d) A nonresident owner of one or more rental units in the District of Columbia in violation of this section shall be subject to a penalty of $300. (e) Any fees and penalties collected under this section shall be deposited in the fund established by § 42-3131.01(b)(1).  (Mar. 10, 1983, D.C. Law 4-205, § 5, 30 DCR 188; Apr. 27, 2001, D.C. Law 13-281, § 106, 48 DCR 1888.)  Prior Codifications 1981 Ed., § 45-1311. Effect of Amendments D.C. Law 13-281 designated subsec. (a): in the last sentence of subsec. (a), substituted “a penalty of $300” for “a fine of $50”; and added subsecs. (b) to (e). References in Text Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.
DC Code § 42-1001 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1001. “Power” defined

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.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1037.)  Prior Codifications 1981 Ed., § 45-101. 1973 Ed., § 45-1001. Editor's Notes Uniform Disclaimer of Property Interests Act: See § 19-1501 et seq.
DC Code § 42-1002 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1002. General power

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.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1038.)  Prior Codifications 1981 Ed., § 45-102. 1973 Ed., § 45-1002.
DC Code § 42-1003 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1003. Special power

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 fee.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1039.)  Prior Codifications 1981 Ed., § 45-103. 1973 Ed., § 45-1003.
DC Code § 42-1004 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1004. Beneficial power

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.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1040.)  Prior Codifications 1981 Ed., § 45-104. 1973 Ed., § 45-1004.
DC Code § 42-1005 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1005. Giving of absolute power — To owner of limited estate

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 limited thereon in case the power should not be executed or the lands should not be sold for the satisfaction of debts.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1041.)  Prior Codifications 1981 Ed., § 45-105. 1973 Ed., § 45-1005. Section References This section is referenced in § 42-1008.
DC Code § 42-1006 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1006. Giving of absolute power — To owner of unlimited estate

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.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1042.)  Prior Codifications 1981 Ed., § 45-106. 1973 Ed., § 45-1006.
DC Code § 42-1007 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1007. Giving of absolute power — Where no remainder on grantee’s estate

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.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1043.)  Prior Codifications 1981 Ed., § 45-107. 1973 Ed., § 45-1007.
DC Code § 42-1008 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1008. Construction of power to devise inheritance given to tenant with limited estate

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.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1044.)  Prior Codifications 1981 Ed., § 45-108. 1973 Ed., § 45-1008.
DC Code § 42-1009 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1009. Right of grantor to reserve power

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.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1045.)  Prior Codifications 1981 Ed., § 45-109. 1973 Ed., § 45-1009.
DC Code § 42-1010 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 10 - Powers Relating to Realty|§ 42-1010. Liability of special and beneficial power in equity

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.  (Mar. 3, 1901, 31 Stat. 1353, ch. 854, § 1046.)  Prior Codifications 1981 Ed., § 45-110. 1973 Ed., § 45-1010.