District of Columbia Code
Chapter 8 - Mortgages and Deeds of Trust
§ 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.)
1981 Ed., § 45-703.
1973 Ed., § 45-603.
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 This section had been previously repealed by D.C. Law 13-263, § 1601.
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).
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).

Structure District of Columbia Code

District of Columbia Code

Title 42 - Real Property

Chapter 8 - Mortgages and Deeds of Trust

§ 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

§ 42–815.05. Requirement for deed before action against current occupant of foreclosed property

§ 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