854, § 545b; as added Apr. 29, 1998, D.C. Law 12-86, § 701, 45 DCR 1172, March 3, 1901, 31 Stat. (Mar. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. 3, 2001, D.C. Law 13-263,§ 1601, 48 DCR 991; May 7, 2002, D.C. Law 14-132, § 602(b), 49 DCR 2551.). The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. Delegation of functions: Organization Order No. (13) âPower of saleâ means the right of a lender to sell residential real property after an uncured default at a public auction as provided in §§ 42-801 through 42-804 and §§ 42-811 through 42-819 to repay the note or other obligation secured by a deed of trust or mortgage. For temporary (90 days) amendment of this section, see §â2(c) of the Saving D.C. Homes From Foreclosure Enhanced Emergency Act of 2013 (D.C. Act 20-71, May 16, 2013, 60 DCR 7240, 20 DCSTAT 1419). For temporary (90 day) revival of section, see §â403(b) of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534). Powered by the non-profit Open Law Library. § 42â804. Conveyance or assurance by infant following court order. 3, 2001, D.C. Law 13-263, § 1601, 48 DCR 991; May 7, 2002, D.C. Law 14-132, § 602(b), 49 DCR 2551; Apr. (ii) During this 30-day period, the lender may file an appeal with the Superior Court of the District of Columbia. Where any action shall be brought on any bond for payment of the money secured by mortgage, or performance of the covenants therein contained, or where any action of ejectment shall be brought in any court of record by any mortgagee or mortgagees, his, her, or their heirs, executors, administrators, or assigns, for the recovery of the possession of any mortgaged lands, tenements, or hereditaments, and no suit shall be then depending in any court of equity, for or touching the foreclosure or redeeming of such mortgaged lands, tenements, or hereditaments; if the person or persons having right to redeem such mortgaged lands, tenements, or hereditaments, and who shall appear and become defendant or defendants in such action, shall at any time, pending such action, pay unto such mortgagee or mortgagees, or, in case of his, her, or their refusal, shall bring into court where such action shall be depending, all the principal monies and interest due on such mortgage, and also all such costs as have been expended in any suit or suits at law or in equity upon such mortgage (such money for principal, interest, and costs to be ascertained and computed by the court where such action is or shall be depending, or by the proper officer by such court to be appointed for that purpose) the monies so paid to such mortgagee or mortgagees, or brought into such court, shall be deemed and taken to be in full satisfaction and discharge of such mortgage, and the court shall and may discharge every such mortgagor, or defendant, of and from the same accordingly; and shall and may, by rule or rules of the same court, compel such mortgagee or mortgagees, at the costs and charges of such mortgagor or mortgagors, to assign, surrender, or reconvey such mortgaged lands, tenements, and hereditaments, and such estate and interest, as such mortgagee or mortgagees have or hath therein, and deliver up all deeds, evidences, and writings, in his, her, or their custody, relating to the title of such mortgaged lands, tenements, and hereditaments, unto such mortgagor or mortgagors, who shall have paid or brought such monies into the court, his, her, or their heirs, executors, or administrators, or to such other person or persons, as he, she, or they, shall for that purpose nominate or appoint. Certain rules regard ing the usage of words used in this document ... DISTRICT OF COLUMBIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3009 1/01 (rev. 3, 1901, 31 Stat. Procedures for release of deed of trust. 854, § 523, Mar. The basis of the tax is the value of consideration given for the property. 20, § 1, 1734; Kiltyâs Rep. 251; Alex. Payment in PERSON is accepted either in cash, by check, money order or credit card VISA or MasterCard only, BY MAIL with check or money order made payable to DC Treasurer, do not send blank checks. 1100, Pub. (March 3, 1901, 31 Stat. â(h-2)âA borrower shall have the same rights to assert a claim for a defective notice of default on residential mortgage as the law provides for a defective notice of intention to foreclose on a residential mortgage. Buy online, view images and see past prices for Frederick Douglass signed Washington, DC deed of trust. Washington, DC land recorder Frederick Douglass entered the following deed of trust into District of Columbia records on October 17, 1882 at 12:40 pm. (ii) During this 30-day period, the borrower may file an appeal to the Superior Court of the District of Columbia. (4) âPromissory noteâ means a promissory note or other written evidence of indebtedness or obligation secured by a deed of trust. 1274, ch. 1100, Pub. â(h-3) Except as provided for in subsections (h-1) and (h-2) of this section, a mediation certificate shall serve as conclusive evidence that all other provisions of the act and implementing regulations have been complied with and can be relied upon by a bona fide purchaser and a bona fide purchaserâs lender or assigns. Stat. By phone by contacting the Office of Tax and Revenue Customer Service Center at 202-727-4829 or visit our First-Come First-Served Special Deed Tax Sale page. The February 2012 consent judgments are with Citibank, Wells Fargo, Ally Financial as successor of GMAC, Bank of America, and J.P. Morgan Chase. § 42â816. What are the forms required to record a Deed of Trust for a residential property? 3, 1901, 31 Stat. 728; Comp. 2, ch. Br. All and every person and persons with an intellectual disability or mental illness or non compos mentis, and only trustee or trustees, mortgagee or mortgagees, as aforesaid, or the committee and committees of all and every such person and persons with an intellectual disability or mental illness or non compos mentis, and only such trustee or mortgagee as aforesaid, shall and may be empowered and compelled, by such order so as aforesaid to be obtained, to make such conveyance or conveyances, assurance or assurances, as aforesaid, in like manner as trustees or mortgagees of sane memory are compellable to convey, surrender, or assign their trust estates or mortgages. Documents may be presented for recordation electronically, in person, by mail. (iii) Upon expiration of the 30-day appeal period, with no appeal filed by the borrower, the lender may request a final mediation certificate from the Mediation Administrator during the time frame defined in rulemaking. 700; Comp. Stat. In case of the death of a sole mortgagee or trustee or the last survivor of several, as aforesaid, if the debt secured by the mortgage or deed of trust shall have been paid, and it is desired by the party paying the same to obtain a deed of release, the said party may file a petition in the court having probate jurisdiction, setting forth, under oath, the execution of said mortgage or deed of trust, the death of the mortgagee or trustee, the payment of the debt, and any other fact necessary to entitle the petitioner to the relief prayed, and praying for the appointment of a trustee in the place of the deceased mortgagee or trustee to execute a deed of release of said mortgage or deed of trust. DC Office of Recorder of Deeds (2) âDeed of trustâ means a mortgage or a deed of trust encumbering real property located in the District of Columbia as the same may be modified, amended, supplemented, or restated. Nothing contained in this section shall prevent the appointment of a new trustee pursuant to § 42-814(b) and the execution of a deed of release by such new trustee. (11) âNotice of default on residential mortgageâ means a notice given pursuant to § 42-815(b)(1), in the form that the Mayor shall, by rule, prescribe, which shall contain: (A) The name and telephone number of the lender; (i) The amount of the principal balance and outstanding interest owed; (iv) The amount required to cure the default and reinstate the loan, including all past due payments, penalties, and fees; and. Accordingly, and also pursuant to §â714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. Br. If a promissory note is paid or satisfied in part, and if by the terms of the promissory note, the deed of trust securing the promissory note or a separate agreement between the parties, the person making such partial payment or causing such partial satisfaction to be made is entitled to a release of a part of the real property encumbered by the lien of the deed of trust, the holder of the promissory note shall comply with the provisions of subsection (c)(3) of this section in the same manner as if the promissory note were paid or satisfied in full, except that the release shall apply only to the part of the real property encumbered by the lien of the deed of trust which the holder is obligated, by the terms of the promissory note, the deed of trust or the separate agreement, to release on account of such partial payment or satisfaction. (Mar. (Mar. WITNESS the hand and seal of the undersigned [noteholder/trustee/substitute trustee] this ______ day of __________, ______. 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