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.)
1981 Ed., § 45-708.
1973 Ed., § 45-608.
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 This section had been previously repealed by D.C. Law 13-263, § 1601.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