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District of Columbia Code Division VIII. General Laws. § 47-1390. Eligibility to foreclose on a Class 3 or 4 Property.

Current as of January 01, 2024 | Updated by Findlaw Staff

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(a) Except as provided in subsection (b) of this section, the Office of the Attorney General (“Office”) shall file a complaint with the Superior Court of the District of Columbia to foreclose the right of redemption for a Class 3 or 4 property for which there is a real property tax delinquency after:

(1) The expiration of one year from the date of delinquency;

(2) The right to appeal a final determination of vacancy or blight has been exhausted by the owner;  and

(3) The Mayor has provided notice pursuant to § 47-1391.

(b) The Office may decline to file a complaint with Superior Court, or may dismiss a pending complaint, if the Office ascertains, through application by an interested party or pursuant to the Office's own review and investigation, that:

(1) An interested party paid the amount set forth in the pre-complaint notice provided pursuant to § 47-1391;

(2) An interested party proves that the real property identified in the pre-complaint notice provided pursuant to § 47-1391 meets the definition of occupied in § 42-3131.05(8)(A);

(3) An interested party proves:

(A) A failure of the Mayor to mail the notices required by §§ 47-1341(a) or 47-1391;  or

(B) That the mailing address of the person who last appears as the record owner of the real property on the tax roll, as properly updated by the record owner by the filing of a change of address with the Office of Tax and Revenue in accordance with § 42-405, was not correctly or substantively updated by the Office of Tax and Revenue notwithstanding proper filing;

(4) The foreclosure would result in substantial personal and economic hardship;

(5) An interested party has the intent and ability to return and occupy, rehabilitate, or sell the property within one year's time;  or

(6) Proceeding with the foreclosure would not be in the best interest of the District, including because it would delay the Office's ability to timely pursue foreclosure litigation on other nuisance properties.

(c) After declining to file a complaint or dismissing a complaint pursuant to subsection (b) of this section, the Office shall publish notice of the action in the District of Columbia Register.  The notice shall contain the name of the owner, the address of the property, and the date on which the exemption from immediate sale was approved or the date on which the pending complaint was dismissed.

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Cite this article: FindLaw.com - District of Columbia Code Division VIII. General Laws. § 47-1390. Eligibility to foreclose on a Class 3 or 4 Property. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-viii-general-laws/dc-code-sect-47-1390/

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