District Of Columbia Code — 42
Browse 1,018 sections in division 42 of the District Of Columbia code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 42-101. No acknowledgment of deed by attorney.
- § 42-111. Acknowledgments in Guam, Samoa, and Canal Zone.
- § 42-112. Acknowledgments in Philippine Islands and Puerto Rico.
- § 42-121. Manner of acknowledgment; form of certificate
- § 42-122. Acknowledgment out of District
- § 42-123. Acknowledgment in foreign country
- § 42-124. Certain defective acknowledgments prior to March 3, 1879, validated.
- § 42-125. Certain defective deeds and acknowledgments prior to January 1, 1969, validated
- § 42-126. Acknowledgments by married women — prior to April 10, 1869
- § 42-127. Acknowledgments by married women — when validates defective power of attorney
- § 42-128. Validation of deeds made without acknowledgment prior to January 1, 1902
- § 42-129. Acts of Congress and Acts of Maryland cumulative as to deeds prior to January 1, 1902
- § 42-141. Definitions.
- § 42-142. Notarial acts.
- § 42-143. Notarial acts in the District.
- § 42-144. Notarial acts in other jurisdictions of the United States.
- § 42-145. Notarial acts under federal authority.
- § 42-146. Foreign notarial acts.
- § 42-147. Certificate of notarial acts.
- § 42-148. Short forms.
- § 42-201. Definitions.
- § 42-202. Exemption from recordation and transfer tax.
- § 42-202.01. Rights of the holder of a conservation easement.
- § 42-203. Persons who may bring actions.
- § 42-204. Affected interests.
- § 42-205. Application and construction of chapter.
- § 42-301. Present or future and vested or contingent interests conveyed by deed or will.
- § 42-302. Perpetuities — Charitable uses excepted.
- § 42-303. Perpetuities—Chattels real.
- § 42-304. Perpetuities—Effect upon estates created by deed or will.
- § 42-305. Title conveyable by anyone claiming such.
- § 42-306. Deed or will necessary for more than one-year term or for limitation upon such.
- § 42-307. Perpetuities; pensions and employee trusts excepted.
- § 42-401. Effective date of deeds; exception.
- § 42-402. Defective grants recorded before April 27, 1994.
- § 42-403. Defective grants recorded on or after April 27, 1994.
- § 42-404. Failures in formal requisites of an instrument.
- § 42-405. Notice of address and name change.
- § 42-406. First recorded deed preferred.
- § 42-407. Instrument not properly executed or acknowledged not recordable.
- § 42-408. Record of conveyance by infant or infant trustee as evidence.
- § 42-409. Bonds and contracts relating to land recordable.
- § 42-410. Map or plat of subdivisions not recordable.
- § 42-501. Recognized estates.
- § 42-502. Fee simple estates — Estates tail abolished.
- § 42-503. Fee simple estates — Absolute or qualified.
- § 42-504. Freeholds; chattels real; chattel interests; conditions precedent or subsequent.
- § 42-505. Estates pur autre vie; when deemed freehold and when chattel real.
- § 42-506. Estates classified; possession; expectancy.
- § 42-507. Estate in possession.
- § 42-508. Estate in expectancy.
- § 42-509. Reversions.
- § 42-510. Future estates — Commencement.
- § 42-511. Future estates — Remainder and conditional limitation.
- § 42-512. Future estates — Vested and contingent.
- § 42-513. Future estates — Alternative.
- § 42-514. Expectant estates — No defeat or bar unless provided for at creation.
- § 42-515. Expectant estates — Descendible, devisable, and alienable.
- § 42-516. Tenancies in common, tenancies by the entireties, and joint tenancies.
- § 42-517. Coparcenary estates abolished.
- § 42-518. Estates for years.
- § 42-519. Estates from year to year.
- § 42-520. Estates by sufferance.
- § 42-521. Estates from month to month or from quarter to quarter.
- § 42-522. Estates at will; termination; creation.
- § 42-523. Provisions applicable to personal property.
- § 42-601. Deed, mortgage, and lease forms.
- § 42-602. Deeds of corporations; formal requisites; acknowledgment.
- § 42-603. “Covenant” binds covenantor, covenantee, and their privies.
- § 42-604. General warranty.
- § 42-605. Special warranty.
- § 42-606. Covenant of quiet enjoyment.
- § 42-607. Covenant against having encumbered land.
- § 42-608. Covenant for further assurances; contracts to contain soil characteristics information.
- § 42-609. Warranties void as to heirs; life tenants and certain parties not in possession.
- § 42-701. Words of inheritance unnecessary.
- § 42-702. “Grant” or “bargain and sell” passes whole estate and interest.
- § 42-703. Remainder to heirs of life tenant; rule in Shelley’s case abolished.
- § 42-704. Posthumous children.
- § 42-705. Construction of words importing want or failure of issue.
- § 42-801. Execution, acknowledgment, and recordation in same manner as deeds.
- § 42-802. Duty of Recorder.
- § 42-803. Estate of mortgagee or trustee; conveyance thereof.
- § 42-804. Survival of mortgagee’s or trustee’s title.
- § 42-805. While action pending, money due payable to mortgagee or court; effect thereof.
- § 42-806. Decree or order without hearing where defendant files request and plaintiff files admission.
- § 42-807. Limitations upon right of redemption in §§ 42-805 and 42-806.
- § 42-808. Conveyance or assurance by infant following court order.
- § 42-809. Conveyance or assurance by infant trustee or mortgagee under court order.
- § 42-810. Mortgagee may redeem prior mortgage; prior mortgage may not bar.
- § 42-811. Appointment of trustee in event of death of mortgagee or trustee; procedure; summary decree.
- § 42-812. Equity practice followed where answer sets up defense against foreclosure.
- § 42-813. Replacement of deceased, appointed trustee.
- § 42-814. Petition for new trustee; causes; procedure; written agreement of parties.
- § 42-815. Application to court to fix terms and determine notice of sale; notice under power of sale provision.
- § 42-815.01. Right to cure residential mortgage foreclosure default.
- § 42-815.02. Foreclosure mediation.
- § 42-815.03. Establishment of Foreclosure Mediation Fund.
- § 42-815.04. Construction.
- § 42-816. Sale of property — Deficiency judgments; limitations thereon; relief in suit to enforce vendor’s lien.
- § 42-817. Sale of property — Amount creditor to pay if purchaser.
- § 42-818. Commission to mortgagee or trustee; rates; when advertised sale not held.
- § 42-818.01. Tracking addresses.
- § 42-818.02. Procedures for release of deed of trust.
- § 42-819. Petition for deed of release after death of mortgagee or trustee; procedure; summary determination.
- § 42-820. Conveyance by and for individuals with mental disabilities following court order.
- § 42-831.01. Definitions.
- § 42-832.01. General.
- § 42-832.02. Creation; statement of monetary value; other obligations secured.
- § 42-832.03. Lien instrument creates security interest only; negative covenant does not create a lien instrument.
- § 42-832.04. Parties to a lien instrument and addresses.
- § 42-832.05. Information form required in every deed of trust or mortgage encumbering residential real property.
- § 42-832.06. Execution, acknowledgment and recordation of a lien instrument in the same manner as a deed.
- § 42-832.07. Duty of Recorder of Deeds.
- § 42-832.08. Assignment, transfer, enforcement and performance of deed of trust or mortgage.
- § 42-832.09. Assignment or transfer of real property encumbered by lien instrument and liability of transferor and transferee to noteowner and each other.
- § 42-832.10. Obligation to provide name and address of noteowner, interested persons in note, amounts due and status of lien instrument.
- § 42-832.11. Decisions by multiple noteowners.
- § 42-832.12. Independent trustee or assignee for foreclosure required for noteowner, beneficiary, mortgagee, or secured party to bid at a power of sale foreclosure.
- § 42-832.13. Right to determine reasonable foreclosure sale terms and conditions if deed of trust or mortgage does not state them.
- § 42-832.14. Deed-in-lieu of foreclosure or deed to noteowner’s designee; no effect on senior or subordinate interests.
- § 42-832.15. Redemption from noteowner by performance or tender.
- § 42-832.16. Prepayment of note secured by lien instrument.
- § 42-832.17. Release of lien instrument after time period when no enforcement.
- § 42-832.18. Authorized forms of release of lien instrument.
- § 42-832.19. Noteowner’s obligation to provide release of lien instrument.
- § 42-832.20. Effective date of noteowner’s receipt of payments.
- § 42-832.21. When deed absolute, conditional sale, or contract for a deed will be considered a lien instrument.
- § 42-832.22. Priority: effect of lien instrument priority on foreclosure; effect of lien instrument priority on unrecorded leases.
- § 42-832.23. Priority: purchase money lien instruments.
- § 42-832.24. Priority: replacement and modification of senior lien instruments; effect on intervening interests.
- § 42-832.25. Priority: effect of priority on the disposition of foreclosure surplus.
- § 42-832.26. Priority: lien on after-acquired real property.
- § 42-832.27. Priority: subrogation.
- § 42-832.28. Priority: subordination.
- § 42-832.29. Priority: foreclosure of wrap-around lien instruments.
- § 42-832.30. Future advances: general.
- § 42-832.31. Future advances: expenditures for the protection of the real property encumbered by a lien instrument.
- § 42-832.32. Future advances: lien instruments securing future advances for improvements to residential real property.
- § 42-832.33. Simultaneous foreclosure of lien instrument and ancillary lien instrument.
- § 42-832.34. Mortgaging rents.
- § 42-833.01. Qualification of trustee or assignee for foreclosure.
- § 42-833.02. Trustee or assignee for foreclosure holds security interest without automatic right of possession; survival of trustee’s or assignee’s for foreclosure security interest.
- § 42-833.03. Noteowner’s or beneficiary’s or mortgagee’s right to substitute, add or remove trustees or assignees for foreclosure.
- § 42-833.04. Trustee’s or assignee’s for foreclosure right to resign.
- § 42-833.05. Trustee or assignee for foreclosure discretionary and ministerial acts.
- § 42-833.06. Petition for certificate of satisfaction after death or unavailability or refusal to act of trustee or assignee for foreclosure; procedure; summary determination.
- § 42-833.07. Standard of trustee’s or assignee’s for foreclosure conduct; indemnification of Trustee and assignee for foreclosure; Trustee or assignee for foreclosure bond requirements.
- § 42-833.08. Trustee or assignee for foreclosure determines foreclosure process consistent with noteowner’s, beneficiary’s, mortgagee’s, or secured party’s written instructions.
- § 42-833.09. Trustee or assignee for foreclosure commission and compensation for foreclosure.
- § 42-834.01. Sending of notices; notice of default required.
- § 42-834.02. Notice of default required; no effect on late fees.
- § 42-834.03. Minimum grace period for borrower and owner under residential lien instrument.
- § 42-834.04. Notice of acceleration required; right of reinstatement until notice of acceleration sent or received; notice of commencement of foreclosure satisfies notice of acceleration.
- § 42-834.05. Borrower’s and owner’s right to cure default and reinstate obligation secured by residential lien instrument prior to foreclosure sale auction 3 times in any 12 month period.
- § 42-834.06. Certain subordinate interest holder’s right to cure and reinstate note secured by residential lien instrument prior to foreclosure sale auction once in any 12 month period.
- § 42-834.07. Right to redeem after acceleration.
- § 42-835.01. Accrual of right to foreclose.
- § 42-835.02. Notice of commencement of foreclosure.
- § 42-835.03. Minimum time period before foreclosure sale auction on residential lien instrument securing a home loan.
- § 42-835.04. Noteowner cannot produce original note; form of lost note affidavit and indemnification to borrower, owner and mayor.
- § 42-835.05. Noteowner’s remedies on the note and the lien instrument; credit on note or other obligation for foreclosed real property; limitation on time to seek deficiency judgment.
- § 42-835.06. No waiver of protection laws.
- § 42-835.07. Omitted parties; no right to object for persons who were properly sent notice.
- § 42-835.08. Appointment of a receiver; effect on existing leases; priorities between competing receivers.
- § 42-835.09. Waste.
- § 42-835.10. Beneficiary’s, trustee’s, mortgagee’s, or assignee’s for foreclosure right to funds paid under casualty insurance or taking in eminent domain.
- § 42-835.11. Effect of foreclosure on beneficiary’s, trustee’s, mortgagee’s, or assignee’s for foreclosure right to insurance and eminent domain proceeds.
- § 42-835.12. Acquisition of foreclosure title by the owner or other subordinate interest holder.
- § 42-835.13. Availability of documents for inspection in the District of Columbia.
- § 42-836.01. Prohibited acts and practices.
- § 42-836.02. Violations and remedies.
- § 42-836.03. Foreclosure against home borrowers subjected to violations of 42-836.01.
- § 42-836.04. Other prohibitions and remedies.
- § 42-837.01. Request for judicial foreclosure of residential lien instrument
- § 42-837.02. Written demand for judicial foreclosure.
- § 42-837.03. Required conditions during challenge.
- § 42-837.04. Failure to continuously satisfy the required conditions during challenge.
- § 42-837.05. Noteowner’s, beneficiary’s, mortgagee’s, and secured party’s options in response to request for judicial foreclosure.
- § 42-837.06. Failure of trustee or assignee for foreclosure to pursue expedited hearing.
- § 42-837.07. Diligent pursuit of expedited hearing.
- § 42-838.01. Request for expedited hearing.
- § 42-838.02. Determination at expedited hearing.
- § 42-839.01. Commencement of judicial foreclosure.
- § 42-839.02. Determinations by the court.
- § 42-839.03. No home loan or no violation of 42-836.01.
- § 42-840.01. Eligible publications for advertisement of foreclosure sale.
- § 42-840.02. Content of foreclosure sale advertisement.
- § 42-840.03. Required publication of foreclosure sale advertisement.
- § 42-841.01. Business day; time; place.
- § 42-841.02. Noteowner, beneficiary, mortgagee, or secured party right to bid; trustee or assignee for foreclosure may not bid; waiver of deposit.
- § 42-841.03. Adequacy of foreclosure sale price; noteowner’s, beneficiary’s, mortgagee’s, or secured party’s conditional agreements before foreclosure sale auction.
- § 42-841.04. Memorandum of foreclosure sale.
- § 42-841.05. Postponement or delay of foreclosure sale auction.
- § 42-841.06. Marshalling; order of foreclosure on multiple parcels.
- § 42-841.07. Merger doctrine inapplicable to lien instruments.
- § 42-841.08. Right to cancel foreclosure sale before completion.
- § 42-841.09. Right to cancel foreclosure sale before issuance of auditor’s approval of foreclosure sale procedure.
- § 42-841.10. Effect of completed foreclosure sale; no statutory redemption.
- § 42-841.11. Liability of accepted bidder to complete foreclosure sale acquisition.
- § 42-841.12. Accepted bidder’s right to possession of real property after foreclosure sale acquisition.
- § 42-842.01. Required deliveries to auditor.
- § 42-842.02. Time deadline for deliveries to auditor.
- § 42-842.03. Claims by subordinate interest holders.
- § 42-842.04. Distribution of foreclosure sale proceeds.
- § 42-842.05. Auditor’s reports on foreclosure procedures and distributions.
- § 42-842.06. Recording of auditor’s report on foreclosure sale procedures; presumption of validity of foreclosure sale and limitation of actions; use of auditor’s report on the distribution of foreclosure sale proceeds and deficiency for deficiency judgment.
- § 42-843.01. Pre-conditions for conveyance of real property.
- § 42-843.02. Conveyance of real property and distribution of foreclosure sale proceeds.
- § 42-843.03. Duties of purchaser at foreclosure sale.
- § 42-844.01. Determination of auctioneer’s fee.
- § 42-844.02. Determination of attorney’s fee.
- § 42-844.03. No waivers by borrowers or owners.
- § 42-844.04. Standard of conduct.
- § 42-844.05. Land installment contracts.
- § 42-844.06. Rulemaking authority.
- § 42-844.07. FTE authority to implement this chapter.
- § 42-844.08. Reporting to Council.
- § 42-844.09. Standards for approval of subprime loan programs.
- § 42-844.10. Acceptance of mortgage or deed of trust by the Recorder of Deeds.
- § 42-846.01. [Reserved].
- § 42-846.02. Applicability.
- § 42-901. Ownership of real estate by aliens.
- § 42-902. Ownership of legations or residences by representatives of foreign governments.
- § 42-903. Resident agent required for care and maintenance of vacant property owned by nonresidents.
- § 42-1001. “Power” defined.
- § 42-1002. General power.
- § 42-1003. Special power.
- § 42-1004. Beneficial power.
- § 42-1005. Giving of absolute power — To owner of limited estate.
- § 42-1006. Giving of absolute power — To owner of unlimited estate.
- § 42-1007. Giving of absolute power — Where no remainder on grantee’s estate.
- § 42-1008. Construction of power to devise inheritance given to tenant with limited estate.
- § 42-1009. Right of grantor to reserve power.
- § 42-1010. Liability of special and beneficial power in equity.
- § 42-1011. General powers in trust.
- § 42-1012. Special powers in trust.
- § 42-1013. Trust powers imperative — Duty upon grantee.
- § 42-1014. Trust powers imperative — Effect of grantee’s right of selection of objects of trust.
- § 42-1015. Beneficiaries to take equally unless otherwise directed; effect of giving trustee discretion.
- § 42-1016. Execution of trust powers for benefit of creditors and assignees.
- § 42-1017. Writing needed to execute power.
- § 42-1018. Power to be executed by devise, will, or grant, as directed.
- § 42-1019. Grantee may execute power without direct reference to such.
- § 42-1101. Definitions.
- § 42-1102. Deeds exempt from tax.
- § 42-1102.01. Sales or assignments of instruments on secondary market exempt from tax.
- § 42-1102.02. Transfer of economic interest defined.
- § 42-1103. Imposition of tax; rate; return; contents; liability for tax; extension of period for filing, and waiver of, return.
- § 42-1104. Computation of tax where absence of or no consideration; when fair market value to be shown on return; consideration on deeds of trust or mortgages.
- § 42-1105. Investigation by Mayor; summons; production of books, records, etc.; compelling attendance and production; refusal or obstruction of investigation.
- § 42-1106. No recordation until return filed and tax paid; deeds evidencing transfer of economic interest in real property in District.
- § 42-1107. Burden on taxpayer to prove deed exempt from tax.
- § 42-1108. Deficiencies in tax; notice of determination; protests; hearings; time for payment.
- § 42-1108.01. Enforcement.
- § 42-1109. When Mayor may compromise tax.
- § 42-1110. When Mayor may compromise tax; written agreement as to tax liability; finality thereof; penalties for certain acts in relation to compromises and agreements; prosecutions.
- § 42-1111. Mayor may compromise penalties and adjust interest.
- § 42-1112. Limitations; assessment or proceeding within 3 years of recordation of deed; exceptions; agreement to extend period; tolling thereof.
- § 42-1113. Administration of oaths and affidavits by Mayor.
- § 42-1114. Appeal from deficiency assessment.
- § 42-1115. Overpayments and refunds thereof.
- § 42-1116. Stamps and other devices as evidence of collection and payment of taxes.
- § 42-1117. Promulgation of rules and regulations by Mayor.
- § 42-1118. Abatement of taxes due where cost does not warrant collection.
- § 42-1119. Elimination of fractional stamps or devices; payment of tax to nearest dollar.
- § 42-1120. General criminal penalties; prosecutions by Corporation Counsel
- § 42-1121. Illegal acts relating to stamps and other devices; penalties.
- § 42-1122. Collected moneys to be deposited in United States Treasury.
- § 42-1123. Separability clause.
- § 42-1124. Appropriations to carry out provisions of chapter.
- § 42-1201. Appointment; duties; residency requirement; mayoral supervision
- § 42-1202. Purchase of necessary equipment; employment of personnel.
- § 42-1203. Deputy Recorder; effect of performance of duties.
- § 42-1204. Second Deputy Recorder; effect of performance of duties.
- § 42-1205. Vacancy in Office of Recorder; Deputy to fill vacancy.
- § 42-1206. Public records to be open for free, public inspection.
- § 42-1207. Notice of pendency of action (lis pendens).
- § 42-1208. Purchase of typewriting machines; preference for typewritten records.
- § 42-1209. Certain records to be recopied for preservation; limitation on expense.
- § 42-1210. Fees of Recorder of Deeds.
- § 42-1211. Surcharges.
- § 42-1212. Fees and emoluments of Recorder of Deeds deposited with Collector of Taxes.
- § 42-1213. Maintenance of office to be included in estimate of District appropriations; appropriations for building, equipment, and supplies authorized.
- § 42-1214. Recorder of Deed Automation and Infrastructure Improvement Fund.
- § 42-1215. Recordation of service and discharge certificates; certified copies thereof; recordation of notice or other document relating to federal tax liens; fees.
- § 42-1216. Office closed on Saturdays.
- § 42-1217. Extension of time for recordation; Saturday, Sunday, and legal holidays.
- § 42-1218. Authority of Mayor to adjust fees; computation of rates; exception.
- § 42-1231. Definitions.
- § 42-1232. Validity of electronic documents and digitized images.
- § 42-1233. Recording of documents.
- § 42-1234. Uniformity of application and construction.
- § 42-1235. Relation to electronic signatures in Global and National Commerce Act.
- § 42-1301. Applicability and exceptions.
- § 42-1302. Written statement; written indication of compliance.
- § 42-1303. Scope of liability; information prepared by third party.
- § 42-1304. Change in conditions after delivery.
- § 42-1305. Residential disclosure requirements.
- § 42-1306. Good faith disclosure.