Where any bill or bills, suit or suits, shall be filed, commenced, or brought in the court of equity, by any person or persons having or claiming any estate, right, or interest, in any lands, tenements, or hereditaments, under or by virtue of any mortgage or mortgages thereof, to compel the defendant or defendants in such suit or suits (having or claiming a right to redeem the same) to pay the plaintiff or plaintiffs in such suit or suits, the principal money and interest due on any such mortgage, or the principal money and interest due on such mortgages, together with any sum or sums of money due on any encumbrance or specialty, charged or chargeable on the equity of redemption thereof, and in default of payment thereof, to foreclose such defendant or defendants of his, her, or their right or equity of redeeming such mortgaged lands, tenements, or hereditaments; such equity court, where such suit or suits shall be depending, upon application made to such court by the defendant or defendants in such suit, having a right to redeem such mortgaged lands, tenements, or hereditaments, and upon his or their admitting the right and title of the plaintiff or plaintiffs in such suit, may and shall at any time or times, before such suit or cause shall be brought to hearing, make such order or decree therein, as such court or courts might or could have made therein, in case such suit or cause had then been regularly brought to hearing before such court or courts; and all parties to such suit or suits shall be bound by such order or decree so made, to all intents and purposes, as if such order or decree had been made, by such court, at or subsequent to the hearing of such cause or suit.
(7 Geo. 2, ch. 20, § 2, 1734; Kilty’s Rep. 251; Alex. Br. Stat. 727; Comp.Stat., D.C., p. 396, § 2; 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., § 45-706.
1973 Ed., § 45-606.
This section is referenced in § 42-807.
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 This section had been previously repealed by D.C. Law 13-263, § 1601.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
Chapter 8 - Mortgages and Deeds of Trust
§ 42–801. Execution, acknowledgment, and recordation in same manner as deeds
§ 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
§ 42–807. 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
§ 42–812. 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
§ 42–815.01. Right to cure residential mortgage foreclosure default
§ 42–815.02. Foreclosure mediation
§ 42–815.03. Establishment of Foreclosure Mediation Fund
§ 42–815.05. Requirement for deed before action against current occupant of foreclosed property
§ 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
§ 42–820. Conveyance by and for individuals with mental disabilities following court order