District of Columbia Code
Chapter 8 - Mortgages and Deeds of Trust
§ 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.)
1981 Ed., § 45-704.
1973 Ed., § 45-604.
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 This section had been previously repealed by D.C. Law 13-263, § 1601.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