State records guide

Title research in District of Columbia

Facts below are taken from District of Columbia statutes and official sources, each linked, each checked on the date shown. General information, not legal advice.

What a District of Columbia title search has to account for

Where are District of Columbia deeds recorded?

Deeds are recorded with the Recorder of Deeds of the District of Columbia. The statute linked above has a deed take effect from its delivery to the grantee, except that as to creditors and later bona fide purchasers and mortgagees without notice it takes effect only from its delivery to the Recorder of Deeds for record.

Some liens never reach the index. Section 47-1331 makes a real property tax a lien automatically on the date it was due and unpaid, a prior and preferred claim over all other liens, and section 42-1903.13 makes recording of the condominium instruments record notice of an association's assessment lien with no further recorded claim required. The report traces the chain of title as far back as the District's records go, with document images of the key instruments, and verifies findings with the assessor, tax office, recorder and courts.

How does a District of Columbia foreclosure work?

Most lenders foreclose under the power of sale in the deed of trust, though section 42-816 lets the court, in a suit to foreclose a mortgage or deed of trust, decree a sale and apply the proceeds to the debt. For a residential mortgage, section 42-815 requires the note holder, before a power of sale foreclosure, to give written notice of default to the borrower and the record owner, send a copy to the Mayor, and obtain a mediation certificate under section 42-815.02. Any sale under a power of sale also requires written notice of the intention to foreclose to the borrower and the record owner, with a copy to the Mayor.

The mediation certificate and the notice of intention to foreclose must be recorded in the land records of the District. An auction title report reports the foreclosing lien's position and the liens that would survive, in dollars, for the bidder's attorney.

What happens when District of Columbia property taxes go unpaid?

An unpaid real property tax becomes a lien automatically under section 47-1331. The statute linked above has the Mayor hold the tax sale on the date and at the place stated in the public notice, and every sale is at public auction to the highest bidder; the purchaser receives a certificate of sale as provided in section 47-1348. Property bid off in the name of the District may, under section 47-1353, be sold by assigning its certificate of sale or issuing a new one, or the Mayor may foreclose the right of redemption as a purchaser would.

The redemption statute linked above lets the purchaser file a complaint to foreclose the right of redemption at any time after a 6-month waiting period following the date of the tax sale. In that suit the Superior Court may bar the right of redemption, foreclosing earlier transfers and the liens and encumbrances on the property except as section 47-1382 provides, vest title in fee simple in the purchaser, or set aside the sale and determine the amount required to redeem. The report verifies tax sales and redemptions with the tax office and states the surviving liens, taxes and assessments in dollars.

How does District of Columbia real estate pass at death or on divorce?

The District authorizes a transfer on death deed: the statute linked above lets an individual transfer property to one or more beneficiaries effective at the transferor's death. A probate title search finds the decedent's property by name and reports vesting at death, how title passes, including joint tenancy, a transfer on death deed, a trust or a life estate, and the liens to pay.

Divorce follows equitable distribution. The divorce statute linked above has the court value and distribute all other property and debt accumulated during the marriage or domestic partnership in a manner that is equitable, just and reasonable, regardless of how title is held. The report states the recorded deed or decree it finds, and an attorney reads the effect.

Why does a District of Columbia condominium lien matter?

Section 42-1903.13 makes the association's lien prior to other liens except liens recorded before the declaration, a first mortgage or first deed of trust for the benefit of an institutional lender recorded before the assessment became delinquent, and liens for real estate taxes and municipal charges.

The lien is also prior to such an institutional first mortgage or deed of trust recorded after March 7, 1991, to the extent of the budgeted common expense assessments that would have come due in the 6 months before the association sued to enforce the lien or recorded a memorandum of lien. Recording the condominium instruments is record notice of the lien, so no recorded claim is required, and the association holds a power of sale to enforce it. The current balance comes from the association.

Which package fits a District of Columbia property?

Every package covers District of Columbia property wherever it is recorded. Pick by situation:

• Probate law firm: Find every property a decedent held, how it was vested and what has to be paid before it passes. $595 per estate.
• Real estate law firm: A preliminary report with schedule-style exceptions and print-ready exhibits for your matter. $695 per property.
• Builders and developers: Multi-parcel research on access, easements, restrictions, mineral reservations and entity ownership. $995 first parcel.
• Auction buyer: Know the total cost to own, which liens survive the sale and whether to bid at all. $395 for 1 property.
• Home buyer: Confirm the seller owns the home and learn what has to be cleared before you pay. $449 per property.
• Home seller: Find the old mortgage, judgment or name mismatch before a buyer's title company does. $449 per property.

Questions about District of Columbia title research