§ 42–815.01. Right to cure residential mortgage foreclosure default.

(a) For the purposes of §§ 42-801 through 42-804 and §§ 42-811 through 42-819, the term “residential mortgage” means a loan secured by a deed of trust or mortgage, used to acquire or refinance real property which is improved by 4 or fewer single-family dwellings, including condominium or cooperative units, but shall not include debts incurred, and currently obligating solely, an entity, as defined by § 29-101.02(10).

(b) Notwithstanding the provisions of any other law, after a notice of intention to foreclose a residential mortgage has been given pursuant to § 42-815, at any time up to 5 business days prior to the commencement of bidding at a trustee sale or other judicial sale on a residential mortgage obligation, the residential mortgage debtor or anyone in his behalf, not more than 1 time in any 2 consecutive calendar years, may cure his default and prevent sale or other disposition of the real estate, by tendering the amount or performance specified in subsection (c) of this section.

(1) Pay or tender in the form of cash, cashier’s check, or certified check all sums, including any reasonable late penalty, required to bring the account current, with the exception of any amounts due by operation of any acceleration clause that may be included in the security agreement;

(2) Perform any other obligation which he would have been bound to perform in the absence of default or in the absence of the exercise of an acceleration clause, if any; and

(3) Pay or tender any expenses properly associated with the foreclosure and incurred by the mortgagee to the date of debtor’s payment or tender under this section. These costs and expenses may include, but not be limited to, advertising fees, trustee fees, and reasonable attorney’s fees.

(d) Cure of a default pursuant to this section restores the residential mortgage debtor to the same position as if the default or the acceleration had not occurred.

(March 3, 1901, 31 Stat. 1274, ch. 854, § 539a; as added May 8, 1984, D.C. Law 5-82, § 2, 31 DCR 1348; 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; Mar. 12, 2011, D.C. Law 18-314, § 2(b), 57 DCR 12404; Nov. 5, 2013, D.C. Law 20-40, § 2(a), 60 DCR 12304.)

Prior Codifications

1981 Ed., § 45-715.1.

Section References

This section is referenced in § 42-815.02.

Effect of Amendments

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.

D.C. Law 18-314 rewrote subsec. (a), which had read as follows: “(a) For the purposes of this act, the term ‘residential mortgage’ means a loan used to acquire or refinance property which is a single family dwelling, including a condominium or cooperative unit, which is the principal place of abode of the debtor or the debtor and his immediate family.”

The 2013 amendment by D.C. Law 20-40 substituted “but shall not include debts incurred, and currently obligating solely, an entity, as defined by D.C. Official Code § 29-101.02(10)” for “at least one of which is the principal place of abode of the debtor or his immediate family” in (a).

Emergency Legislation

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,

For temporary amendment of (a), see § 2(a) of the Saving D.C. Homes from Foreclosure Enhanced Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-493, October 26, 2012, 59 DCR 12722), applicable as of September 13, 2012.

For temporary (90 days) amendment of this section, see § 2(a) 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 days) amendment of this section, see § 2(a) of the Saving D.C. Homes From Foreclosure Enhanced Congressional Review Emergency Act of 2013 (D.C. Act 20-117, July 24, 2013, 60 DCR 11112, 20 DCSTAT 1818).

Temporary Legislation

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).

Section 2(a) of D.C. Law 19-41, in subsec. (a), deleted “, at least one of which is the principal place of abode of the debtor or his immediate family”.

Section 4(b) of D.C. Law 19-41 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 19-173 amended (a) to read as follows:

“(a) For the purposes of this chapter, the term ‘residential mortgage’ means a loan secured by a deed of trust or mortgage, used to acquire or refinance real property which is improved by 4 or fewer single-family dwellings, including condominium or cooperative units.”

Section 4(b) of D.C. Law 19-173 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) amendment of this section, see § 2(a) of the Saving D.C. Homes From Foreclosure Enhanced Temporary Amendment Act of 2013 (D.C. Law 20-15, September 19, 2013, 60 DCR 9559, 20 DCSTAT 1768).

References in Text

This act, referred to in subsection (a), is the Act of March 3, 1901, Chapter 854.

Editor's Notes

Applicability of D.C. Law 20-40: Section 8 of D.C. Law 20-40 provided that §§ 2 and 3 of the act shall apply as of November 7, 2011.