In all cases of application to said court to foreclose any mortgage or deed of trust, the equity court shall have authority, instead of decreeing that the mortgagor be foreclosed and barred from redeeming the mortgaged property, to order and decree that said property be sold and the proceeds be brought into court to be applied to the payment of the debt secured by said mortgage; and if, upon a sale of the whole mortgaged property, the net proceeds shall be insufficient to pay the mortgage debt, the court may enter a decree in personam against the mortgagor or other party to the suit who is liable for the payment of the mortgage debt for the residue of said debt remaining unsatisfied after applying to said debt the proceeds of such sale; provided, that the complainant would be entitled to maintain an action at law or suit in equity for said residue; which decree shall have the same effect and be enforced by execution in the same manner as a judgment at law. And in suits to enforce a vendor’s lien on real estate for unpaid purchase money similar relief may be given by a decree of sale and a decree in personam for the unsatisfied residue of the purchase money due.
(Mar. 3, 1901, 31 Stat. 1204, ch. 854, § 95; 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., § 45-716.
1973 Ed., § 45-616.
This section is referenced in § 42-815.04.
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 This section had been previously repealed by D.C. Law 13-263, § 1601.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