reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–504. Freeholds; chattels real; chattel interests; conditions precedent or subsequent

§ 42–504. Freeholds; chattels real; chattel interests; conditions precedent or subsequent.
Estates of inheritance and estates for life shall continue to be denominated freeholds, and estates for years shall be chattels real; estates at will or by sufferance shall be chattel interests, but shall not be liable, as such, to sale under execution; and all estates may be subject to conditions precedent or subsequent.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1014.)
Prior Codifications
1981 Ed., § 45-204.
1973 Ed., § 45-804.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–505. Estates pur autre vie; when deemed freehold and when chattel real

§ 42–505. Estates pur autre vie; when deemed freehold and when chattel real.
An estate for the life of a third person, whether limited to heirs or otherwise, shall be deemed a freehold only during the life of the grantee or devisee, but after his death it shall be deemed a chattel real and be a part of his personal estate.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1015.)
Prior Codifications
1981 Ed., § 45-205.
1973 Ed., § 45-805.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–506. Estates classified; possession; expectancy

§ 42–506. Estates classified; possession; expectancy.
Estates are either in possession or in expectancy.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1016.)
Prior Codifications
1981 Ed., § 45-206.
1973 Ed., § 45-806.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–507. Estate in possession

§ 42–507. Estate in possession.
An estate in possession exists when the owner has an immediate right to the possession of the land.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1017.)
Prior Codifications
1981 Ed., § 45-207.
1973 Ed., § 45-807.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–508. Estate in expectancy

§ 42–508. Estate in expectancy.
An estate in expectancy is either a reversion or a future estate.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1018.)
Prior Codifications
1981 Ed., § 45-208.
1973 Ed., § 45-808.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–509. Reversions

§ 42–509. Reversions.
A reversion is the residue of an estate left in the grantor who has conveyed, or in the heirs of the devisor who has devised a particular estate less than his own, and which residue returns to his or their possession on the expiration of the particular estate.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1019.)
Prior Codifications
1981 Ed., § 45-209.
1973 Ed., § 45-809.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–510. Future estates — Commencement

§ 42–510. Future estates — Commencement.
A future estate is one limited to commence at a future day, either without the intervention of a precedent estate or after the expiration or determination of a precedent estate created at the same time and by the same conveyance or devise.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1020.)
Prior Codifications
1981 Ed., § 45-210.
1973 Ed., § 45-810.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–511. Future estates — Remainder and conditional limitation

§ 42–511. Future estates — Remainder and conditional limitation.
If it is to commence upon the full expiration of such precedent estate, it is a remainder and may be transferred by that name. If it is to commence on a contingency which, if it happen, will abridge or determine such precedent estate before its expiration, it shall be known as a conditional limitation.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1021.)
Prior Codifications
1981 Ed., § 45-211.
1973 Ed., § 45-811.
Cross References
Proceeding by remainderman to determine whether or not life tenant is still alive, see § 16-1151 et seq.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–512. Future estates — Vested and contingent

§ 42–512. Future estates — Vested and contingent.
A future estate is vested when there is a person in being who would have an immediate right to the possession of the land upon the expiration of the intermediate or precedent estate, or upon the arrival of a certain period or event when it is to commence in possession. It is contingent when the person to whom or the event upon which it is limited to take effect in possession or become a vested estate is uncertain.
(Mar. 3, 1901, 31 Stat. 1351, ch. 854, § 1022.)
Prior Codifications
1981 Ed., § 45-212.
1973 Ed., § 45-812.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–513. Future estates — Alternative

§ 42–513. Future estates — Alternative.
Two or more future estates may be created to take effect in the alternative, so that if the first in order shall fail to vest the next in succession may be substituted for it and take effect accordingly.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1026.)
Prior Codifications
1981 Ed., § 45-213.
1973 Ed., § 45-813.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–514. Expectant estates — No defeat or bar unless provided for at creation

§ 42–514. Expectant estates — No defeat or bar unless provided for at creation.
No expectant estate can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent estate, nor by any destruction of such precedent estate, by disseizin, forfeiture, surrender, merger, or otherwise, except when such destruction is expressly provided for or authorized in the creation of such expectant estate; nor shall an expectant estate thus liable to be defeated be on that ground adjudged void in its creation.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1029.)
Prior Codifications
1981 Ed., § 45-214.
1973 Ed., § 45-814.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–515. Expectant estates — Descendible, devisable, and alienable

§ 42–515. Expectant estates — Descendible, devisable, and alienable.
Expectant estates shall be descendible, devisable, and alienable in the same manner as estates in possession.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1030.)
Prior Codifications
1981 Ed., § 45-215.
1973 Ed., § 45-815.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–517. Coparcenary estates abolished

§ 42–517. Coparcenary estates abolished.
There shall be no estate in coparcenary in the District, and where 2 or more persons inherit from an intestate they shall be tenants in common.
(Mar. 3, 1901, 31 Stat. 1343, ch. 854, § 956.)
Prior Codifications
1981 Ed., § 45-217.
1973 Ed., § 45-817.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–518. Estates for years

§ 42–518. Estates for years.
An estate for a determined period of time is an estate for years.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1032.)
Prior Codifications
1981 Ed., § 45-218.
1973 Ed., § 45-818.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–519. Estates from year to year

§ 42–519. Estates from year to year.
An estate expressed to be from year to year shall be good for 1 year only.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1033.)
Prior Codifications
1981 Ed., § 45-219.
1973 Ed., § 45-819.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–520. Estates by sufferance

§ 42–520. Estates by sufferance.
All estates which by construction of the courts were estates from year to year at common law, as where a tenant goes into possession and pays rent without an agreement for a term, or where a tenant for years, after the expiration of his term, continues in possession and pays rent and the like, and all verbal hirings by the month or at any specified rate per month, shall be deemed estates by sufferance.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1034; June 30, 1902, 32 Stat. 538, ch. 1329.)
Prior Codifications
1981 Ed., § 45-220.
1973 Ed., § 45-820.
Cross References
Statute of frauds, see §§ 28-3501 and 28-3503.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–521. Estates from month to month or from quarter to quarter

§ 42–521. Estates from month to month or from quarter to quarter.
An estate may be from month to month or from quarter to quarter, or, as otherwise expressed, it may be by the month or by the quarter, if so expressed in writing.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1035.)
Prior Codifications
1981 Ed., § 45-221.
1973 Ed., § 45-821.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–522. Estates at will; termination; creation

§ 42–522. Estates at will; termination; creation.
An estate at will is one held by the joint will of lessor and lessee, and which may be terminated at any time, as herein elsewhere provided, by either party; and such estate shall not exist or be created except by express contract; provided, however, that in case of a sale of real estate under mortgage or deed of trust or execution, and a conveyance thereof to the purchaser, the grantor in such mortgage or deed of trust, execution defendant, or those in possession claiming under him, shall be held and construed to be tenants at will, except in the case of a tenant holding under an unexpired lease for years, in writing, antedating the mortgage or deed of trust.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1036.)
Prior Codifications
1981 Ed., § 45-222.
1973 Ed., § 45-822.
Cross References
Forcible entry and detainer, see §§ 16-1501 et seq., 22-3302.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 5 - Estates in Land › § 42–523. Provisions applicable to personal property

§ 42–523. Provisions applicable to personal property.
All the provisions of this chapter and of §§ 42-302 to 42-304 [repealed], 42-703, and 42-704 shall apply to personal property generally except where from the nature of the property they are inapplicable.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1036; June 30, 1902, 32 Stat. 538, ch. 1329.)
Prior Codifications
1981 Ed., § 45-223.
1973 Ed., § 45-823.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 6 - Forms; Covenants and Warranties › § 42–602. Deeds of corporations; formal requisites; acknowledgment

§ 42–602. Deeds of corporations; formal requisites; acknowledgment.
The deed of a corporation shall be executed and acknowledged either (1) by an attorney-in-fact appointed for that purpose or (2) without appointment, by its president or a vice-president if also attested by the secretary or assistant secretary of the corporation.
(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 497; June 30, 1902, 32 Stat. 531, ch. 1329; Apr. 27, 1994, D.C. Law 10-110, § 2(c), 41 DCR 1023.)
Prior Codifications
1981 Ed., § 45-502.
1973 Ed., § 45-302.
Section References
This section is referenced in § 42-401 and § 42-404.
Cross References
Effective date of deeds, see § 42-401.
Failures in formal requisites of an instrument, fraudulent acts, see § 42-404.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 6 - Forms; Covenants and Warranties › § 42–603. “Covenant” binds covenantor, covenantee, and their privies

§ 42–603. “Covenant” binds covenantor, covenantee, and their privies.
When, in any deed, the word “covenant” is used, such word shall have the same effect as if the covenant was expressed to be by the covenantor, for himself, his heirs, devisees, and personal representatives, and shall be deemed to be with the grantee or lessee, his heirs, devisees, personal representatives, and assigns.
(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 505; June 30, 1902, 32 Stat. 531, ch. 1329.)
Prior Codifications
1981 Ed., § 45-503.
1973 Ed., § 45-303.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 6 - Forms; Covenants and Warranties › § 42–604. General warranty

§ 42–604. General warranty.
A covenant by the grantor, in a deed conveying real estate, “that he will warrant generally the property hereby conveyed,” or a grant of real estate in which the granting words are followed by the words “with general warranty,” shall have the same effect as if the grantor had covenanted that he, his heirs, devisees, and personal representatives will warrant and defend the said property unto the grantee, his heirs, devisees, personal representatives, and assigns against the claims and demands of all persons whomsoever.
(Mar. 3, 1901, 31 Stat. 1269, ch. 854, § 506.)
Prior Codifications
1981 Ed., § 45-504.
1973 Ed., § 45-304.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 6 - Forms; Covenants and Warranties › § 42–605. Special warranty

§ 42–605. Special warranty.
A covenant by a grantor in a deed conveying real estate, “that he will warrant specially the property hereby conveyed,” or a grant of real estate in which the granting words are followed by the words “with special warranty,” shall have the same effect as if the grantor had covenanted that he, his heirs, devisees, and personal representatives will forever warrant and defend the said property unto the grantee, his heirs, devisees, personal representatives, and assigns against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him.
(Mar. 3, 1901, 31 Stat. 1269, ch. 854, § 507.)
Prior Codifications
1981 Ed., § 45-505.
1973 Ed., § 45-305.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 6 - Forms; Covenants and Warranties › § 42–606. Covenant of quiet enjoyment

§ 42–606. Covenant of quiet enjoyment.
A covenant by the grantor in a deed of land, “that the said grantee shall quietly enjoy said land,” shall have the same effect as if he had covenanted that the said grantee, his heirs, and assigns, shall, at any and all times after March 3, 1901, peaceably and quietly enter upon, have, hold, and enjoy the land conveyed by the deed or intended to be so conveyed, with all the rights, privileges, and appurtenances thereunto belonging, and to receive the rents and profits thereof, to and for his and their use and benefit, without any eviction, interruption, suit, claim, or demand whatsoever by the said grantor, his heirs or assigns, or any other person or persons whatever.
(Mar. 3, 1901, 31 Stat. 1269, ch. 854, § 508.)
Prior Codifications
1981 Ed., § 45-506.
1973 Ed., § 45-306.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 6 - Forms; Covenants and Warranties › § 42–607. Covenant against having encumbered land

§ 42–607. Covenant against having encumbered land.
A covenant by a grantor, in a deed of land, “that he has done no act to encumber said land,” shall be construed to have the same effect as if he had covenanted that he had not done or executed or knowingly suffered any act, deed, or thing whereby the land and premises conveyed, or intended so to be, or any part thereof, are or will be charged, affected or encumbered in title, estate, or otherwise.
(Mar. 3, 1901, 31 Stat. 1269, ch. 854, § 509.)
Prior Codifications
1981 Ed., § 45-507.
1973 Ed., § 45-307.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 6 - Forms; Covenants and Warranties › § 42–608. Covenant for further assurances; contracts to contain soil characteristics information

§ 42–608. Covenant for further assurances; contracts to contain soil characteristics information.
(a) A covenant by a grantor, in a deed of land, “that he will execute such further assurances of said land as may be requisite,” shall have the same effect as if he had covenanted that he, his heirs or devisees, will, at any time, upon any reasonable request, at the charge of the grantee, his heirs or assigns, do, execute, or cause to be done and executed, all such further acts, deeds, and things, for the better, more perfectly and absolutely conveying and assuring the lands and premises conveyed unto the grantee, his heirs and assigns, as intended to be conveyed, as by the grantee, his heirs or assigns, or his or their counsel learned in the law, shall be reasonably devised, advised, or required.
(b) All contracts drawn for the purpose of conveying real property in the District of Columbia shall contain the following information:
(1) Repealed.
(2) A notation that for further information the buyer can contact a soil testing laboratory, the District of Columbia Department of Environmental Services or the Soil Conservation Service of the Department of Agriculture; and
(3) If there is a Heritage Tree, as that term is defined in § 8-651.02(3A), on the property, a notation that the Heritage Tree is located on the property and that there are restrictions on the ability of property owners to remove Heritage Trees.
(Mar. 3, 1901, 31 Stat. 1269, ch. 854, § 510; Sept. 28, 1977, D.C. Law 2-23, § 3, 24 DCR 3342; Aug. 16, 2022, D.C. Law 24-152, § 3, 69 DCR 007730; Mar. 10, 2023, D.C. Law 24-304, § 2, 70 DCR 589.)
Prior Codifications
1981 Ed., § 45-508.
1973 Ed., § 45-308.
Section References
This section is referenced in § 8-1707.
Cross References
Erosion and sediment control pursuant to this section, powers and duties, see § 8-1707.
Transfer of Functions
The functions of the Department of Environmental Services were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 6 - Forms; Covenants and Warranties › § 42–609. Warranties void as to heirs; life tenants and certain parties not in possession

§ 42–609. Warranties void as to heirs; life tenants and certain parties not in possession.
All warranties which shall be made by any tenant for life, of any lands, tenements or hereditaments, the same descending or coming to any person in reversion or remainder, shall be void and of none effect, and likewise all collateral warranties, of any lands, tenements or hereditaments, by any ancestor, who has no estate of inheritance in possession in the same shall be void against the heir.
(4 Anne, ch. 16, § 21, 1705; Kilty Rep., 246; Alex. Br. Stat. 662; Comp. Stat., D.C., 496, § 33.)
Prior Codifications
1981 Ed., § 45-509.
1973 Ed., § 45-309.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 7 - Interpretation of Instruments › § 42–701. Words of inheritance unnecessary

§ 42–701. Words of inheritance unnecessary.
No words of inheritance shall be necessary in a deed or will to create a fee simple estate; but every conveyance or devise of real estate shall be construed and held to pass a fee simple estate or other entire estate of the grantor or testator, unless a contrary intention shall appear by express terms or be necessarily implied therein.
(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 502.)
Prior Codifications
1981 Ed., § 45-401.
1973 Ed., § 45-201.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 7 - Interpretation of Instruments › § 42–702. “Grant” or “bargain and sell” passes whole estate and interest

§ 42–702. “Grant” or “bargain and sell” passes whole estate and interest.
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.
(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 503; June 30, 1902, 32 Stat. 531, ch. 1329.)
Prior Codifications
1981 Ed., § 45-402.
1973 Ed., § 45-202.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 7 - Interpretation of Instruments › § 42–703. Remainder to heirs of life tenant; rule in Shelley’s case abolished

§ 42–703. Remainder to heirs of life tenant; rule in Shelley’s case abolished.
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 entitled to take in fee simple as purchasers by virtue of the remainder so limited.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1027.)
Prior Codifications
1981 Ed., § 45-403.
1973 Ed., § 45-203.
Cross References
Personal property, applicable laws, see § 42-523.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 7 - Interpretation of Instruments › § 42–704. Posthumous children

§ 42–704. Posthumous children.
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, or children shall be defeated by the birth of a posthumous child of such person.
(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1028.)
Prior Codifications
1981 Ed., § 45-404.
1973 Ed., § 45-204.
Section References
This section is referenced in § 42-523.
Cross References
Personal property, applicable laws, see § 42-523.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 7 - Interpretation of Instruments › § 42–705. Construction of words importing want or failure of issue

§ 42–705. Construction of words importing want or failure of 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 any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear in the instrument.
(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 504.)
Prior Codifications
1981 Ed., § 45-405.
1973 Ed., § 45-205.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–802. Duty of Recorder

§ 42–802. Duty of Recorder.
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.
(Mar. 3, 1901, 31 Stat. 1271, ch. 854, § 523; June 30, 1902, 32 Stat. 532, ch. 1329; 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., § 45-702.
1973 Ed., § 45-602.
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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–803. Estate of mortgagee or trustee; conveyance thereof

§ 42–803. Estate of mortgagee or trustee; conveyance thereof.
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 appointment of a new trustee by agreement of the parties pursuant to § 42-814(b) or by judicial decree for the causes hereinafter mentioned; provided, that nothing in this section contained shall prevent the passing of an absolute and unqualified estate in fee simple under a deed made by the mortgagee, trustee, or new trustee in pursuance of the powers conferred by the mortgage or deed of trust.
(Mar. 3, 1901, 31 Stat. 1271, ch. 854, § 522; June 30, 1902, 32 Stat. 532, ch. 1329; Nov. 2, 1966, 80 Stat. 1100, Pub. L. 89-706, § 1(a); 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., § 45-703.
1973 Ed., § 45-603.
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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–804. Survival of mortgagee’s or trustee’s title

§ 42–804. Survival of mortgagee’s or trustee’s title.
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 last survivor, subject to the provisions aforesaid.
(Mar. 3, 1901, 31 Stat. 1272, ch. 854, § 533; 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., § 45-704.
1973 Ed., § 45-604.
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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–807. Limitations upon right of redemption in §§ 42-805 and 42-806

§ 42–807. Limitations upon right of redemption in §§ 42-805 and 42-806.
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, to be delivered before the money shall be brought into such court at law, to the attorney or solicitor for the other side) insist, either that the party praying a redemption has not a right to redeem, or that the premises are chargeable with other or different principal sums, than what appear on the face of the mortgage, or shall be admitted on the other side; nor to any case where the right of redemption to the mortgaged lands and premises in question in any cause or suit shall be controverted or questioned by or between different defendants in the same cause or suit; nor shall be any prejudice to any subsequent mortgagee or mortgagees, or subsequent encumbrancer.
(7 Geo. 2, ch. 20, § 3, 1734; Kilty’s Rep. 251; Alex. Br. Stat. 728; Comp. Stat., D.C., p. 397, § 3; 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., § 45-707.
1973 Ed., § 45-607.
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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–808. Conveyance or assurance by infant following court order

§ 42–808. Conveyance or assurance by infant following court order.
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 possessed in trust, or of the mortgagor or mortgagors, guardian or guardians of such infant or infants, or person or persons entitled to the monies secured by or upon any lands, tenements, or hereditaments, whereof any infant or infants are or shall be seized or possessed by way of mortgage, or of the person or persons entitled to the redemption thereof, to convey and assure any such lands, tenements, or hereditaments, in such manner as the said court of chancery shall, by such order so to be obtained, direct to any other person or persons; and such conveyance or assurance so to be had and made, as aforesaid, shall be as good and effectual in law, to all intents and purposes whatsoever, as if the said infant or infants were, at the time of making such conveyance, or assurance, of the full age of 18.
(7 Anne, ch. 19, § 1, 1708; Kilty’s Rep. 247; Alex. Br. Stat. 679; Comp.Stat., D.C., p. 79, § 13; July 22, 1976, D.C. Law 1-75, § 4(i), 23 DCR 1181; 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., § 45-708.
1973 Ed., § 45-608.
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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–809. Conveyance or assurance by infant trustee or mortgagee under court order

§ 42–809. Conveyance or assurance by infant trustee or mortgagee under court order.
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 trustees or mortgagees of full age are compellable to convey or assign their trust, estates, or mortgages.
(7 Anne, ch. 19, § 2, 1708; Kilty’s Rep. 247; Alex. Br. Stat. 680; Comp. Stat., D.C., p. 79, § 14; 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., § 45-709.
1973 Ed., § 45-609.
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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–810. Mortgagee may redeem prior mortgage; prior mortgage may not bar

§ 42–810. Mortgagee may redeem prior mortgage; prior mortgage may not bar.
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 redeem any former mortgage or mortgages, upon payment of the principal debt, interest, and costs of suit, to the prior mortgagee or mortgagees, his, her, or their heirs, executors, administrators, or assigns; anything therein contained to the contrary thereof in anywise notwithstanding.
(4 & 5 W. & M., ch. 16, § 4, 1692; Kilty’s Rep. 242; Alex. Br. Stat. 579; Comp. Stat., D.C. 237, § 26; 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., § 45-710.
1973 Ed., § 45-610.
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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–812. Equity practice followed where answer sets up defense against foreclosure

§ 42–812. Equity practice followed where answer sets up defense against foreclosure.
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.
(Mar. 3, 1901, 31 Stat. 1273, ch. 854, § 535; 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., § 45-712.
1973 Ed., § 45-612.
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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–813. Replacement of deceased, appointed trustee

§ 42–813. Replacement of deceased, appointed trustee.
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.
(Mar. 3, 1901, 31 Stat. 1273, ch. 854, § 536; 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., § 45-713.
1973 Ed., § 45-613.
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).
2023 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

§ 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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–815.04. Construction

§ 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 a provision providing for a foreclosure moratorium during a public health emergency, 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).
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).
Temporary Legislation
For temporary (225 days) amendment to a provision providing for a foreclosure moratorium during a public health emergency, see § 3(w) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).
For temporary (225 days) amendment to a provision providing for a foreclosure moratorium during a public health emergency, 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, 68 DCR 010692).
For temporary (225 days) creation of a provision providing for a foreclosure moratorium during a public health emergency, see § 408(a) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 8 - Mortgages and Deeds of Trust › § 42–815.05. Requirement for deed before action against current occupant of foreclosed property

§ 42–815.05. Requirement for deed before action against current occupant of foreclosed property.
(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 transfers the property to the purchaser and the deed is recorded at the Recorder of Deeds.
(b) This section does not alter the rights of tenants whose tenancies survive foreclosure.
(Mar. 3, 1901, 31 Stat. 1274, ch. 854, § 539e; as added May 18, 2022, D.C. Law 24-115, § 5, 69 DCR 002638.)
2023 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

§ 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).