Subchapter III. Redemption.


  • Current through October 23, 2012
  • Unless otherwise provided in this chapter, an owner or other person who has an interest in the real property sold by the Mayor may redeem the real property at any time until the foreclosure of the right of redemption is final.

    (June 9, 2001, D.C. Law 13-305, § 507(a)(2), 48 DCR 334.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).

    Legislative History of Laws

    For Law 13-305, see notes under § 47-901.

  • Current through October 23, 2012 Back to Top
  • (a) To redeem the real property, the person redeeming shall pay to the Mayor, for deposit into the General Fund of the District (notwithstanding any other law), the following:

    (1) If the real property was sold at tax sale to a purchaser, the amount paid by the purchaser for the real property exclusive of surplus, with interest thereon;

    (2) If the real property was bid off to the District, the taxes with interest thereon from the date the real property was bid off;

    (3) If the real property was bid off to the District and subsequently sold or the certificate of sale assigned to a purchaser:

    (A) The taxes with interest thereon from the date the real property was bid off; plus

    (B) Interest on the total amount in subparagraph (A) of this paragraph from the date the real property was subsequently sold or the certificate of sale assigned;

    (4) All other taxes, interest, and penalties paid by a purchaser on behalf of the real property, with the interest that would have been owing if the purchaser had not paid the taxes provided, that the certificate of sale of the purchaser is not void;

    (5) All other taxes to bring the real property current;

    (6) Unless the person redeeming furnishes the Mayor a release or acknowledgment executed by the purchaser that all expenses under § 47-1377 have been paid to the purchaser, all expenses for which the purchaser is entitled to reimbursement under § 47-1377;

    (7) All expenses owing to any other purchaser; and

    (8) If judgment of foreclosure of the right of redemption of the sale is set aside, the reasonable value, at the date of the judgment, of all reasonable improvements made on the real property by the purchaser and the purchaser's successors in interest, subject to § 47-1363.

    (b) Notwithstanding subsection (a) of this section, payment of all real property tax liens and permitted accruals assigned or sold and transferred to third parties under § 47-1303.04 shall be required before a person may redeem under this chapter.

    (c) The provisions of subsection (a) of this section may apply more than once if the real property has been sold or bid off more than once. In such case, the person redeeming shall pay all required amounts to satisfy the purchasers and the District.

    (d) After receipt of the payment set forth in this section, the Mayor shall notify the purchaser that the real property has been redeemed. The purchaser shall surrender the certificate of sale and shall receive from the Mayor the amount to which the purchaser is entitled. For the purposes of this section, the Mayor may conclusively presume that the original purchaser at the tax sale is the holder of the certificate of sale, unless the Mayor receives a written notice of an assignment of the certificate of sale in accordance with this chapter.

    (e) Upon request and subject to the payment of a fee, the Mayor shall execute and deliver to the person redeeming the real property a certificate of redemption, which may be recorded in the Recorder of Deeds and, when recorded, shall release any encumbrance created by the recording of the certificate of sale.

    (June 9, 2001, D.C. Law 13-305, § 507(a)(2), 48 DCR 334; Oct. 26, 2001, D.C. Law 14-42, § 10(g), 48 DCR 7612; Apr. 4, 2003, D.C. Law 14-282, § 11(ii), 50 DCR 896.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 14-42, in subsec. (a)(1), made a nonsubstantive change.

    D.C. Law 14-282 made nonsubstantive changes in subsec. (a)(1).

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 12(nn) of Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, October 5, 2002, law notification 49 DCR 9549).

    For temporary (225 day) amendment of section, see § 12(nn) of Tax Clarity and Related Amendments Temporary Act of 2003 (D.C. Law 14-228, March 23, 2003, law notification 50 DCR 2741).

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).

    For temporary (90 day) amendment of section, see § 10(g) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

    For temporary (90 day) amendment of section, see § 12(mm) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).

    For temporary (90 day) amendment of section, see § 12(nn) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).

    For temporary (90 day) amendment of section, see § 12(nn) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).

    Legislative History of Laws

    For Law 13-305, see notes under § 47-901.

    Law 14-42, the "Technical Correction Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-216, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 5, 2001, and June 26, 2001, respectively. Signed by the Mayor on July 24, 2001, it was assigned Act No. 14-107 and transmitted to both Houses of Congress for its review. D.C. Law 14-42 became effective on October 26, 2001.

    For Law 14-282, see notes following § 47-902.

  • Current through October 23, 2012 Back to Top
  • (a) If the real property is redeemed after an action to foreclose the right of redemption is filed and there is a dispute regarding redemption, the person redeeming may apply to the Superior Court for an order fixing the amount necessary for redemption in accordance with the provisions of this chapter.

    (b) Except as provided in subsection (c) of this section, the Mayor may accept a payment for redemption without an order of court.

    (c) If there is a dispute regarding redemption, the Mayor shall not accept a payment for redemption unless a certified copy of the order of court fixing the amount necessary for redemption is filed with the Mayor.

    (June 9, 2001, D.C. Law 13-305, § 507(a)(2), 48 DCR 334.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).

    Legislative History of Laws

    For Law 13-305, see notes under § 47-901.

  • Current through October 23, 2012 Back to Top
  • (a) The owner of a real property sold under this chapter shall have the right, during the period of redemption, to continue in possession of, and to exercise all rights of ownership over, the real property until the right of redemption has been finally foreclosed under the provisions of subchapter IV of this chapter; provided, that a purchaser may apply to the Superior Court for the appointment of a receiver of the real property covered by the certificate of sale or assignment of the certificate of sale in accordance with the provisions of laws and of rules and practice of the Superior Court that relate to receivers. If a certificate of sale is held by the District or instrumentality thereof, the Mayor or instrumentality of the District may make application by complaint to the Superior Court for the appointment of a receiver of the real property covered by the certificate of sale. The defendant, in an action brought by the Mayor or instrumentality of the District for the appointment of a receiver, shall be the owner of the real property whose name last appears as the owner on the Mayor's tax roll. Notwithstanding the foregoing, if the real property is vacant or abandoned, a certificate of sale has at any time been issued in the name of the District or instrumentality thereof, and the certificate of sale is presently held by the District or instrumentality thereof, the Mayor or instrumentality of the District shall have the right of immediate possession of the real property from the date of the sale without the necessity of receivership proceedings; provided, that the Mayor or instrumentality of the District shall make an accounting of all rents collected to the owner on redemption of the real property, and on redemption, shall remit the rents, less all remuneration for the maintenance and upkeep of the real property.   The Mayor or an instrumentality of the District shall not be subject to the expiration of a waiting period or other period before making improvements to the real property.  To redeem the vacant or abandoned real property, the person redeeming shall pay the District or instrumentality thereof for the reasonable value of all improvements made by the District or instrumentality thereof to the real property.

    (b) Notwithstanding subsection (a) of this section, the purchaser of a real property at a tax sale shall not have:

    (1) Any rights at law or in equity if the Mayor or instrumentality of the District razes improvements, abates nuisances or environmental infractions, or corrects unsafe conditions, and imposes a fine therefor which may be a lien upon the real property, until the right of redemption has been finally foreclosed under the provisions of subchapter IV of this chapter; or

    (2) Standing to enjoin, or recourse against the District or instrumentality thereof for, the imposition of fines due to noncompliance of the real property or owner thereof with any law of the District or the United States of America.

    (June 9, 2001, D.C. Law 13-305, § 507(a)(2), 48 DCR 334; Apr. 4, 2003, D.C. Law 14-282, § 11(jj), 50 DCR 896.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 14-282 designated the existing text as subsec. (a); in the newly designated subsec. (a), substituted "District or instrumentality thereof" for "District", substituted "Mayor or instrumentality of the District" for "Mayor", and added the last two sentences; and added subsec. (b).

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 12(oo) of Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, October 5, 2002, law notification 49 DCR 9549).

    For temporary (225 day) amendment of section, see § 12(oo) of Tax Clarity and Related Amendments Temporary Act of 2003 (D.C. Law 14-228, March 23, 2003, law notification 50 DCR 2741).

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).

    For temporary (90 day) amendment of section, see § 12(nn) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).

    For temporary (90 day) amendment of section, see § 12(oo) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).

    For temporary (90 day) amendment of section, see § 12(oo) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).

    Legislative History of Laws

    For Law 13-305, see notes under § 47-901.

    For Law 14-282, see notes following § 47-902.

  • Current through October 23, 2012 Back to Top
  • Until a judgment is entered that forecloses the right of redemption in a real property sold by the Mayor and a deed is executed by the Mayor, the real property shall continue to be assessed as though no sale had been made. When the judgment is entered and the deed executed, the real property shall be transferred on the assessment books or records to the purchaser notwithstanding any other law. After the transfer, the real property shall be assessed in the name of the purchaser.

    (June 9, 2001, D.C. Law 13-305, § 507(a)(2), 48 DCR 334.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).

    Legislative History of Laws

    For Law 13-305, see notes under § 47-901.

  • Current through October 23, 2012 Back to Top
  • A tenant or person with less than a fee simple interest from whom payment is obtained ("payor"), by distress or otherwise, of taxes due from an owner or other person under whom the payor holds shall receive a credit for the payment against the rents that the payor owes, except when:

    (1) The payor is bound either by operation of law or by contract to pay the taxes;

    (2) The real property is the subject of receivership proceedings; or

    (3) The Mayor has taken possession of the real property in accordance with § 47-1363.

    (June 9, 2001, D.C. Law 13-305, § 507(a)(2), 48 DCR 334.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).

    Legislative History of Laws

    For Law 13-305, see notes under § 47-901.

  • Current through October 23, 2012 Back to Top
  • The Mayor may cancel a sale before the issuance of a final order by the Superior Court to prevent an injustice to the owner or person with an interest in the real property. In the event of such cancellation, the Mayor shall pay to the purchaser the amount which the purchaser would have received if the real property had been redeemed, but no part of such amount shall be deemed a payment of tax on behalf of the real property. A certificate of redemption, if necessary, shall be executed and filed by the Mayor with the Recorder of Deeds for no fee.

    (June 9, 2001, D.C. Law 13-305, § 507(a)(2), 48 DCR 334.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 7 of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).

    Legislative History of Laws

    For Law 13-305, see notes under § 47-901.