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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Administrator of Veterans Affairs v. Valentine, 490 A.2d 1165 (1985)

Citation
Administrator of Veterans Affairs v. Valentine, 490 A.2d 1165 (1985)
Parent Document
Administrator of Veterans Affairs v. Valentine, 490 A.2d 1165 (1985)
Jurisdiction
DC (municipal)
Effective Date
1985-04-24

Other Sections in This Document (109)

Full Text

918 chars
Appellee Valentine, of course, is the former tenant of a mortgagor who defaulted on his loan, not the defaulting mortgagor himself. But that is no reason to exclude her from the operation of section 45-222. The proviso in that section applies not only to a defaulting mortgagor but to "those in possession claiming under him." That these words include lessees of the mortgagor is clear from the exception which section 45-222 makes for "a tenant holding under an unexpired lease for years, in writing, antedating the mortgage or deed of trust." If lessees of a defaulting mortgagor were not persons "claiming under him," there would be no need for this exception. Valentine does not fall within the exception, and thus she must be included within the general language of the proviso, which makes her a tenant at will.[2] As a tenant at will, she is entitled to only thirty days' notice under D.C.Code § 45-1403 (1981).