§ 47-1382 — Purchaser’s deed; payment; compliance with terms of judgment as to payments.

District of Columbia § 47-1382

• Jurisdiction: District of Columbia
• Title 47: Taxation, Licensing, Permits, Assessments, and Fees. [Enacted title]
• Ch. 13A: Revised Real Property Tax Sales.
• Subch. IV: Foreclosure.

Text

(a) Except as provided in § 47-1382.01 , a final judgment foreclosing the right of redemption shall direct the Mayor to execute and deliver a deed to the purchaser in fee simple on payment to the Mayor of the amount required under this section. No deed shall be executed before such payment is received. The final judgment shall direct the Mayor to enroll the purchaser in fee simple as the owner of the real property. The fee simple interest shall be conveyed subject to:

(1) A taxing agency lien that is recorded in the Office of the Recorder of Deeds;

(2) The tenancy of a residential tenant (other than a tenant described in § 47-1371(b)(1)(C) and (D));

(3) Easements of record and any other easement that may be observed by an inspection of the real property;

(4) An instrument securing payment of a promissory note executed under § 47-1353(a)(3) ;

(5) An energy efficiency loan agreement under subchapter IX of Chapter 8 of Title 47 , and related documents or instruments and the obligation to pay the special assessment; and

(6) A ground lease described in § 47-1345(b) , any recorded covenant, agreement, or other instrument, and any other document incorporated by reference into a recorded covenant, agreement, or other instrument, to which a ground lessor as described in § 47-1345(b) is a party or beneficiary.

(b) Notwithstanding subsection (a)(1) of this section, upon issuance of a tax deed concerning a real property sold under § 47-1353(a)(3) or (b), the real property shall be free and clear of all prior taxes and liabilities owed by the real property to a taxing agency. The purchaser shall not be required to pay such prior taxes and liabilities to receive the tax deed.

(c) The purchaser shall pay all amounts that would be required of a person redeeming under § 47-1361 ; provided, that the purchaser shall not make payment for taxes and periods for which the purchaser purchased the certificate of sale, was assigned a certificate of sale under § 47-1349 , and made payment under § 47-1354 .

(c-1) Notwithstanding subsection (c) of this section, a purchaser under § 47-1336 shall not pay an amount that is a Special Assessment under subchapter IX of Chapter 8 of Title 47 , unless otherwise agreed.

(d) The deed shall be prepared by the purchaser or the attorney for the purchaser and all expenses incident to the preparation, execution, delivery, and recordation of the deed shall be paid by the purchaser.

(e) The plaintiff shall provide a certified copy of the final judgment to the Mayor.

(1) If the purchaser fails to pay to the Mayor the amount required under this section within 30 days of the final judgment, the final judgment may be vacated as void by the Superior Court on the motion of any party. If the purchaser fails to pay to the Mayor the amount required under this section within one year from the date of the final judgment or by October 1, 2019, whichever is later, the final judgment shall become vacated as void without need for a motion to the Superior Court.

(2) If the purchaser does not record the deed in the Recorder of Deeds within 30 days of the execution of the deed, the final judgment may be vacated as void by the Superior Court on the motion of any party.

(3) If a final judgment is vacated as void as provided under this subsection, any deed and the certificate of sale are void and all money paid by the purchaser to the Mayor is forfeited, except as provided in § 47-1354(c) .

(g) Any surplus paid for a real property by a purchaser shall be applied against other taxes, interest thereon, and expenses owing on the real property for which a deed is sought if the application and timely balance payment shall result in the full payment required to obtain the deed.

(h) Any overpayment, including expenses, shall be paid by the Mayor to the person who made the overpayment. If there is a dispute regarding payment of the overpayment, the Mayor shall hold the overpayment until a court of competent jurisdiction determines the proper distribution of the overpayment.

Legislative History

June 9, 2001, D.C. Law 13-305, § 507(a)(2), 48 DCR 334; Apr. 4, 2003, D.C. Law 14-282, § 11(mm), 50 DCR 896; Apr. 20, 2013, D.C. Law 19-262, § 103(e), 60 DCR 1300; Dec. 4, 2014, D.C. Law 20-141, § 101(c)(29), 61 DCR 7763; Feb. 26, 2015, D.C. Law 20-155, §§ 7102(c)(29), 7104, 61 DCR 9990