EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0150*
SENATE BILL 150
N1 5lr1361
(PRE–FILED) CF 5lr1362
By: Senator Watson
Requested: October 24, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Real Property – Recordation and Land Records – Requirements 2
FOR the purpose of altering certain provisions relating to the filing, maintenance, and 3
transmittal of land records; and generally relating to the recordation of instruments 4
affecting real property and land records. 5
BY repealing and reenacting, with amendments, 6
Article – Real Property 7
Section 1–101, 3–104(a), (d), and (e)(1), 3–105, 3–106, 3–108(a) through (d), 3–301 8
through 3–304, 3–403, 3–404, 7–105.5(c), and 8–402.2 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Real Property 13
Section 3–108(e) and 7–105.5(a) and (b) 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Real Property 19
1–101. 20
(a) In this article the following words have the meanings indicated unless 21
otherwise apparent from context. 22
(b) “County” includes Baltimore City. 23 2 SENATE BILL 150
(c) “Deed” includes any deed, grant, mortgage, deed of trust, lease, assignment, 1
and release, pertaining to land or property or any interest therein or appurtenant thereto, 2
including an interest in rents and profits from rents. 3
(d) (1) “Deed of trust” means [only] a deed of trust [which] THAT secures a 4
debt or the performance of an obligation[, and]. 5
(2) “DEED OF TRUST ” does not include a voluntary grant unrelated to 6
security purposes. 7
(e) “Grant” includes conveyance, assignment, and transfer. 8
(f) “Land” [has the same meaning as “property”] MEANS PROPERTY . 9
(G) “LAND RECORD ” MEANS ANY DOCUMENT R ECORDED BY A CLERK O F 10
THE CIRCUIT COURT AF FECTING THE TITLE TO PROPERTY. 11
[(g)] (H) “Landlord” means any landlord, including a [“lessor”] LESSOR. 12
[(h)] (I) “Lease” means any oral or written agreement, express or implied, 13
creating a landlord and tenant relationship, including any [“sublease”] SUBLEASE and any 14
further sublease. 15
[(i)] (J) “Mortgage” means any mortgage, including a deed in the nature of 16
mortgage. 17
[(j)] (K) “Person” includes an individual, A receiver, A trustee, A guardian, AN 18
executor, AN administrator, A fiduciary, or A representative of any kind, or any partnership, 19
firm, association, public or private corporation, or any other entity. 20
[(k)] (L) “Property” means real property or any interest [therein or appurtenant 21
thereto] IN REAL PROPERTY . 22
[(l)] (M) “Purchaser” [has the same meaning as] MEANS A buyer or vendee. 23
[(m)] (N) “Tenant” means any tenant including a [“lessee”] LESSEE. 24
[(n)] (O) “Vendor” [has the same meaning as] MEANS A seller. 25
3–104. 26
(a) (1) The [Clerk of the Circuit Court] CLERK OF THE CIRCUIT COURT may 27
record an instrument that effects a change of ownership if the instrument is: 28
SENATE BILL 150 3
(i) Endorsed with the certificate of the collector of taxes of the 1
county in which the property is assessed, required under subsection (b) of this section; 2
(ii) 1. Accompanied by a complete intake sheet; or 3
2. Endorsed by the assessment office for the county as 4
provided in subsection (g)(8) of this section; and 5
(iii) Accompanied by a copy of the instrument, and any survey, for 6
submission to the Department of Assessments and Taxation. 7
(2) The Supervisor of Assessments shall transfer ownership of property in 8
the assessment records, effective as of the date of recordation, [upon] ON receipt from the 9
[Clerk of the Circuit Court] CLERK OF THE CIRCUIT COU RT of a copy of the instrument, 10
the completed intake sheet, and any survey submitted under paragraph (1) of this 11
subsection OR DOCUMENTS RECEIVED T HROUGH AN ELECTRONIC RECORDATION 12
SYSTEM. 13
(d) (1) Every deed or other instrument offered for recordation shall have the 14
name of each person typed or printed directly above or below the signature of the person. 15
(2) If a typed or printed name is not provided as required in this subsection, 16
the clerk shall make reasonable efforts to determine the correct name under which the deed 17
or other instrument shall be indexed. 18
(e) (1) (I) Any printed deed or other instrument offered for recordation 19
shall [be]: 20
1. BE printed in not less than [eight–point] 10 POINT type 21
and in black letters and be on white paper of sufficient weight and thickness to be clearly 22
readable. If the deed or other instrument is wholly typewritten or typewritten on a printed 23
form, the typewriting shall be in black letters, in not less than elite type and [upon] ON 24
white paper of sufficient weight or thickness as to be clearly readable. The foregoing 25
provisions do not apply to manuscript covers or backs customarily used on documents 26
offered for recordation. The recording charge for any instrument not conforming to these 27
requirements shall be [treble] THREE TIMES the normal [charge] AMOUNT CHARGED . In 28
any clerk’s office where the deeds or other instruments are [photostated or microfilmed] 29
SCANNED, no instrument on which a rider has been placed or attached in a manner 30
obscuring, hiding, or covering any other part of the instrument may be offered or received 31
for record. No instrument not otherwise readily subject to [photostating or microfilming] 32
SCANNING may be offered or received for record until [treble] THREE TIMES the normal 33
recording charge is paid to the clerk and unless an affidavit, black type on white paper, is 34
attached and made a part of the document stating the kind of instrument, the date, the 35
parties to the transaction, description of the property, and all other pertinent data; AND 36
4 SENATE BILL 150
2. INCLUDE AT LEAST A 3–INCH MARGIN AT THE T OP OF 1
THE FIRST PAGE AND 1–INCH MARGINS ON ALL REMAINING SIDES OF E ACH PAGE OF 2
THE INSTRUMENT FOR O FFICIAL USE. 3
(II) A CLERK MAY REFUSE TO RECORD AN INS TRUMENT THAT 4
DOES NOT MEET THE RE QUIREMENTS OF SUBPAR AGRAPH (I) OF THIS PARAGRAPH . 5
(III) After any document has been recorded in one county, a certified 6
copy of the recorded document may be recorded in any other county. 7
3–105. 8
(a) A mortgage or deed of trust may be released validly by any procedure 9
enumerated in this section or § 3–105.2 of this subtitle. 10
(b) (1) A release may be endorsed on the original mortgage or deed of trust by 11
the mortgagee or [his] AN assignee OF THE MORTGAGEE , the trustee or [his] A successor 12
OF THE TRUSTEE under a deed of trust, or by the holder of the debt or obligation secured 13
by the deed of trust. 14
(2) The mortgage or the deed of trust, with the endorsed release, then shall 15
be filed in the office in which the mortgage or deed of trust is recorded. 16
(3) The clerk shall record the release [photographically], with an 17
attachment or rider affixed to it containing the names of the parties as they appear on the 18
original mortgage or deed of trust, together with a reference to the book and page number 19
where the mortgage or deed of trust is recorded. 20
[(c) At the option of the clerk of the court in whose office the book form of recording 21
is used, the release may be written by the mortgagee, or his assignee, or the trustee, or his 22
successor under a deed of trust, on the record in the office where the mortgage or deed of 23
trust is recorded and attested by the clerk of the court. At the time of recording any 24
mortgage or deed of trust, the clerk of the court in whose office the book form of recording 25
is used shall leave a blank space at the foot of the mortgage or deed of trust for the purpose 26
of entering such release.] 27
[(d)] (C) (1) (I) When the debt secured by a deed of trust is paid fully or 28
satisfied, and any bond, note, or other evidence of the total indebtedness is marked “paid” 29
or “canceled” by the holder or [his] AN agent OF THE HOLDER, it may be received by the 30
clerk and indexed and recorded as any other instrument in the nature of a release. 31
(II) The marked note has the same effect as a release of the property 32
for which it is the security, as if a release were executed by the named trustees, if there is 33
attached to or endorsed on the note an affidavit of the holder, the party making satisfaction, 34 SENATE BILL 150 5
or an agent of either of them, that it has been paid or satisfied, and specifically setting forth 1
the land record reference where the original deed of trust is recorded. 2
(2) (I) When the debt secured by a mortgage is paid fully or satisfied, 3
and the original mortgage is marked “paid” or “canceled” by the mortgagee or [his] AN 4
agent OF THE MORTGAGEE , it may be received by the clerk and indexed and recorded as 5
any other instrument in the nature of a release. 6
(II) The marked mortgage has the same effect as a release of the 7
property for which it is the security, as if a release were executed by the mortgagee, if there 8
is attached to or endorsed on the mortgage an affidavit of the mortgagee, the mortgagor, 9
the party making satisfaction, or the agent of [any of them] THE MORTGAGEE , THE 10
MORTGAGOR , OR THE PARTY MAKING SATISFACTION , that it has been paid or satisfied, 11
and specifically setting forth the land record reference where the mortgage is recorded. 12
(3) (I) When the debt secured by a mortgage or deed of trust is paid fully 13
or satisfied, and the canceled check evidencing final payment or, if the canceled check is 14
unavailable, a copy of the canceled check accompanied by a certificate from the institution 15
on which the check was drawn stating that the copy is a true and genuine image of the 16
original check is presented, it may be received by the clerk and indexed and recorded as 17
any other instrument in the nature of a release. 18
(II) The canceled check or copy accompanied by the certificate has 19
the same effect as a release of the property for which the mortgage or deed of trust is the 20
security, as if a release were executed by the mortgagee or named trustees, if: 21
[(i)] 1. The party making satisfaction of the mortgage or deed of 22
trust has: 23
[1.] A. Allowed at least a 60–day waiting period, from the 24
date the mortgage or deed of trust is paid fully or is satisfied, for the party satisfied to 25
provide a release suitable for recording; 26
[2.] B. Sent the party satisfied a copy of this section and a 27
notice that, unless a release is provided within 30 days, the party making satisfaction will 28
obtain a release by utilizing the provisions of this paragraph; and 29
[3.] C. Following the mailing of the notice required under 30
item 2 of this item, allowed an additional waiting period of at least 30 days for the party 31
satisfied to provide a release suitable for recording; [and] 32
[(ii)] 2. The canceled check or copy accompanied by the certificate 33
contains the name of the party whose debt is being satisfied, the debt account number, if 34
any, and words indicating that the check is intended as payment in full of the debt being 35
satisfied; and 36
6 SENATE BILL 150
[(iii)] 3. There is attached to the canceled check or copy 1
accompanied by the certificate an affidavit made by a member of the Maryland Bar that 2
the mortgage or deed of trust has been satisfied, that the notice required under item [(i)] 1 3
of this [paragraph] SUBPARAGRAPH has been sent, and specifically setting forth the land 4
record reference where the original mortgage or deed of trust is recorded. 5
(4) (I) When the debt secured by a mortgage or deed of trust is fully paid 6
or satisfied and the holder or the agent of the holder of the mortgage or deed of trust note 7
or other obligation secured by the deed of trust, or the trustee or successor trustee under 8
the deed of trust, executes and acknowledges a certificate of satisfaction substantially in 9
the form specified under § 4–203(d) of this article, containing the name of the debtor, holder, 10
the authorized agent of the holder, or the trustee or successor trustee under the deed of 11
trust, the date, and the land record recording reference of the instrument to be released, it 12
may be received by the clerk and indexed and recorded as any other instrument in the 13
nature of a release. 14
(II) The certificate of satisfaction shall have the same effect as a 15
release executed by the holder of a mortgage or the named trustee under a deed of trust. 16
(5) (I) When the holder of a mortgage or deed of trust note or other 17
obligation secured by the deed of trust has agreed to release certain property from the lien 18
of the mortgage or deed of trust and the holder or the agent of the holder of the mortgage 19
or deed of trust note or other obligation secured by the deed of trust, or the trustee or 20
successor trustee under the deed of trust executes and acknowledges a certificate of partial 21
satisfaction or partial release substantially in the form specified under § 4–203(e) of this 22
article, containing the name of the debtor, holder, the authorized agent of the holder, or the 23
trustee or successor trustee under the deed of trust, the date, the land record recording 24
reference of the instrument to be partially released, and a description of the real property 25
being released, it may be received by the clerk and indexed and recorded as any other 26
instrument in the nature of a partial release. 27
(II) The certificate of partial satisfaction or partial release shall have 28
the same effect as a partial release executed by the holder of a mortgage, the holder of the 29
debt secured by a deed of trust, or the named trustee under a deed of trust. 30
[(e)] (D) A release of a mortgage or deed of trust may be made on a separate 31
instrument if it states that the mortgagee, holder of the debt or obligation secured by the 32
deed of trust, trustee, or assignee releases the mortgage or deed of trust and states the 33
names of the parties to the mortgage or deed of trust and the date and recording reference 34
of the mortgage or deed of trust to be released. In addition, any form of release that satisfies 35
the requirements of a deed and is recorded as required by this article is sufficient. 36
[(f)] (E) (1) A holder of a debt secured by a mortgage or deed of trust, or a 37
successor of a holder, may release part of the collateral securing the mortgage or deed of 38
trust by executing and acknowledging a partial release on an instrument separate from the 39
mortgage or deed of trust. 40 SENATE BILL 150 7
(2) A partial release shall: 1
(i) Be executed and acknowledged; 2
(ii) Contain the names of the parties to the mortgage or deed of trust, 3
the date, and the land record recording reference of the instrument subject to the partial 4
release; and 5
(iii) Otherwise satisfy the requirements of a valid deed. 6
(3) The clerk of the court shall accept, index, and record, as a partial 7
release, an instrument that complies with and is filed under this section. 8
(4) Unless otherwise stated in an instrument recorded among the land 9
records, a trustee under a deed of trust may execute, acknowledge, and deliver partial 10
releases. 11
[(g)] (F) If a full or partial release of a mortgage or deed of trust is recorded 12
[other than at the foot of the recorded mortgage or deed of trust], the clerk shall place a 13
reference to the book and page number or other place where the release is recorded on the 14
recorded mortgage or deed of trust. 15
[(h)] (G) Unless otherwise expressly provided in the release, a full or partial 16
release that is recorded for a mortgage or deed of trust that is re–recorded, amended, 17
modified, or otherwise altered or affected by a supplemental instrument and which cites 18
the released mortgage or deed of trust by reference to only the original recorded mortgage, 19
deed of trust, or supplemental instrument to the original mortgage or deed of trust, shall 20
be effective as a full or partial release of the original mortgage or deed of trust and all 21
supplemental instruments to the original mortgage or deed of trust. 22
[(i)] (H) Unless otherwise expressly provided in the release, a full or partial 23
release that is recorded for a mortgage or deed of trust, or for any re–recording, amendment, 24
modification, or supplemental instrument to the mortgage or deed of trust shall terminate 25
or partially release any related financing statements, but only to the extent that the 26
financing statements describe fixtures that are part of the collateral described in the full 27
or partial release. 28
3–106. 29
The clerk of the CIRCUIT court shall record [photographically] any assignment of a 30
mortgage with an attachment or rider affixed to it containing the names of the parties as 31
they appear on the original mortgage and a reference to the book number and page number 32
where the mortgage is recorded. 33
3–108. 34
8 SENATE BILL 150
(a) (1) Except as provided in paragraph (2) of this subsection, the provisions of 1
this section are in addition to any other provisions of the Code, pertaining to recordation of 2
subdivision plats. 3
(2) [The provisions of this] THIS section [do] DOES not apply in Queen 4
Anne’s County. 5
(b) (1) If the owner of land in the State subdivides [his] THE land for 6
commercial, industrial, or residential use to be comprised of streets, avenues, lanes, or 7
alleys and lots, and desires, for the purpose of description and identification, to record a 8
plat of the subdivision among the land records of the county where the land lies, the clerk 9
of the court shall accept and record the plat as prescribed in this section. 10
(2) The clerk may not accept the plat for record until the owner of land 11
complies with the requirements prescribed in this section. 12
(c) (1) In this subsection, “coordinate” means a number which determines the 13
position of any point in a north or south and an east or west direction in relation to any 14
other point in the same coordinate system. 15
(2) The plat shall be legible, drawn accurately and to scale and shall be 16
submitted for recordation using black ink on transparent mylar[, or linen] or black–line 17
photo process comparable to original quality that will conform to archival standards. [The 18
State Highway Administration may substitute microfilm aperture cards showing property 19
or rights–of–way to be acquired or granted. Microfilm aperture cards must meet archival 20
standards for permanent records.] 21
(3) The plat shall contain the courses and distances of all lines drawn on 22
the plat. 23
(4) With respect to all curved lines, the plat shall show the length of all 24
radii, arcs, and tangents and the courses and distances of all chords. 25
(5) The plat shall contain a north arrow which represents and designates 26
either true or magnetic meridian as of a date specified on the plat or shall be referenced to 27
a recognized coordinate system within the county. 28
(6) All courses shown on the plat shall be calculated from the plat meridian. 29
(7) No distance on the plat may be marked “more or less” except on lines 30
which begin, terminate, or bind on a marsh, stream, or any body of water. 31
(8) (I) The plat shall show the position by coordinates of not less than 32
four markers set in convenient places within the subdivision in a manner so that the 33
position of one marker is visible from the position of one other marker. 34
SENATE BILL 150 9
(II) From these markers, commonly call ed [“traverse points”] 1
TRAVERSE POINTS , every corner and line can be readily calculated and marked on the 2
ground. 3
(III) These markers shall comply with standards that the State Board 4
for Professional Land Surveyors sets by regulation under § 15–208 of the Business 5
Occupations and Professions Article. 6
(9) A certificate stating that the requirement of this subsection, as far as it 7
concerns the making of the plat and setting of the markers, shall be put on the plat and 8
signed by the owner of the land shown on the plat to the best of [his] THE OWNER ’S 9
knowledge and by the professional land surveyor or property line surveyor preparing it. 10
(d) (1) [Three linen] THE OWNER SHALL MAIL OR DELIVER THREE copies 11
of the plat [shall be mailed or delivered] to the clerk. 12
(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
PARAGRAPH , THE fee is $5 for each set of plats[, except that a]. 14
(II) A fee is not required for plats [or microfilm aperture cards] 15
showing property or rights–of–way to be acquired or granted by the State Highway 16
Administration. 17
(III) THE CLERK MAY ASSESS ADDITIONAL FEES IF R EQUIRED BY 18
LOCAL LAW OR ORDINAN CE. 19
(e) Each plat shall be signed and sealed by a professional land surveyor or 20
property line surveyor licensed in the State. 21
3–301. 22
(a) (1) If the person offering a deed or other instrument affecting property for 23
record first pays the recording fees, the clerk of the circuit court of each county shall record 24
every deed and other instrument affecting property in [well–bound books to be named 25
“Land Records”, if that is the practice in the county, or on microfilm, if that is the practice] 26
LAND RECORDS AVAILABLE TO THE PUBLIC. 27
(2) The clerk shall endorse on the deed or other instrument the time [he 28
receives] OF RECEIPT OF the document for recording and the endorsement shall show in 29
the [Land Records] LAND RECORDS . 30
(3) Any deed or other instrument affecting property which also affects 31
personal property shall be recorded in the same manner in the [Land Records] LAND 32
RECORDS only, and not in the [“Financing Records”] FINANCING STATEMENTS . 33
10 SENATE BILL 150
(b) If an interested party so requests, the [“Financing Records”] FINANCING 1
STATEMENTS provided for in § 9–402(9) of the Commercial Law Article shall include a 2
notation that the instrument is recorded among the [“Land Records”] LAND RECORDS . 3
The instrument also shall be indexed in the general alphabetical index provided in § 3–302 4
of this subtitle. The notation and indexing have the same effect as if the instrument were 5
recorded in full among the [“Financing Records”] FINANCING STATEMENTS . 6
(c) (1) The clerk may not refuse to accept any deed or other document entitled 7
to be recorded, solely on the grounds that the deed or document contains a 8
strike–through, interlineation, or other corrections. 9
(2) The clerk may refuse to accept for re–recording, a previously recorded 10
deed or document that has been corrected or altered by a strike–through, interlineation, or 11
similar corrective measures, and that has not been re–executed, [initialled] INITIALED, or 12
otherwise ratified in writing by the party or parties affected by the correction. 13
3–302. 14
(a) (1) The clerk of the circuit court of each county shall make and maintain a 15
full and complete general alphabetical index of every deed, and other instrument [in a 16
well–bound book in his office]. 17
(2) The index shall [be]: 18
(I) BE both in the name of each grantor, donor, mortgagor, and 19
assignor, and each grantee, donee, mortgagee, or assignee[. It shall include]; AND 20
(II) INCLUDE the book and page of the recordation of every 21
instrument designating these names. 22
(3) The clerk shall index every deed or other instrument [retaining a 23
vendor’s lien both as a deed and as a vendor’s lien,] in the same manner as mortgages are 24
indexed. 25
(b) [In every clerk’s office where land records are not recorded in book form, the] 26
THE clerk shall index every assignment of a mortgage, deed of trust, and release or partial 27
[releases] RELEASE of a deed of trust, whether in long or short form[, in the general 28
alphabetical index, and shall place an entry in the general alphabetical index where the 29
instrument is indexed, on the same horizontal line, indicating the place of record of the 30
original instrument being assigned or released]. 31
[(c) The clerk of the circuit court of each county shall date each change or 32
correction made to information in the general alphabetical index on the horizontal line on 33
which the change or correction was made.] 34
SENATE BILL 150 11
[(d)] (C) (1) If a court [of equity] decrees a payment of cost or makes some 1
other decree for payment of money by a plaintiff, the clerk immediately shall [enter] INDEX 2
the plaintiff’s name [in a separate index, known as the index of plaintiffs]. 3
(2) Until the plaintiff’s name is indexed, no lien under the decree arises 4
against the property of the plaintiff and no right of execution accrues on the decree. 5
[(e)] (D) (1) The clerk shall [include in the] index each property identifier 6
provided on an intake sheet under § 3–104(g) of this title [or, if the space available in the 7
index will not accommodate all of the identifiers, then as many as the space allows, giving 8
priority to identifiers in the order in which they are listed in § 3–104(g)(3)(i) of this title]. 9
(2) The clerk shall rely on the instrument that is accompanied by the 10
intake sheet for indexing of grantor’s and grantee’s names. 11
3–303. 12
The clerk shall [make a microfilm picture or other copy of every document he records 13
and] transmit [the microfilm pictures or copies] RECORDED DOCUMENTS to the State 14
Archivist [at the end of each year. When requested by the State Archivist, the clerk also 15
shall make a microfilm picture or copy of the general index]. 16
3–304. 17
(a) Except as provided in subsection (e) of this section, the clerk shall [fasten 18
securely one copy of] RECORD each plat described under § 3–108 of this title [in a book 19
provided for that purpose or shall record the plat]. 20
(b) The clerk promptly shall send one copy of each plat to the supervisor of 21
assessments of the county and one copy, with one half of the filing fee, to the State Archivist, 22
who shall number and file the plat as part of the records of the State Archivist’s office [and 23
shall notify the clerk of the number given]. 24
(c) The State Archivist shall mail or deliver, free of cost, to any supervisor of 25
assessments of the State, a copy of the plat on request. 26
(d) (1) Nothing in this section affects any recording fee of the clerk of the court 27
under any local legislation prescribing recording fees for subdivision plats. 28
(2) The clerk and the State Archivist shall keep accurate memoranda of the 29
filing fees. 30
(e) In Montgomery County, the clerk may record or maintain the plat in electronic 31
form in a manner approved by the State Archivist. 32
3–403. 33 12 SENATE BILL 150
(a) [If] A FILING OFFICER SHALL RECORD a notice of federal lien, a refiling of 1
a notice of federal lien, or a notice of revocation of any certificate described in subsection 2
(b) of this section [is] presented to the filing officer[, he shall cause the notice to be marked, 3
indexed, and recorded in an alphabetical federal lien index, showing on one line the name 4
and residence of the person named in the notice, the U.S. government serial number of the 5
notice, the date and hour of filing, and the amount of the lien with the interest, penalties, 6
and costs. He shall file and keep all original notices so filed in numerical order in a file, or 7
files, and designated federal lien notices]. 8
(b) [If] A FILING OFFICER SHALL RECORD a certificate of release, 9
nonattachment, discharge, or subordination of any lien [is] presented to the filing officer 10
[for filing he shall enter the same with date of filing in said federal lien index on the line 11
where notice of the lien so affected is entered, and permanently attach the original 12
certificate of release, nonattachment, discharge or subordination to the original notice of 13
lien]. 14
3–404. 15
The fee for filing and indexing each notice of lien or certificate or notice affecting the 16
lien is $3. [The office shall bill the district directors of internal revenue or other appropriate 17
federal officials on a monthly basis for fees for documents filed by them.] 18
7–105.5. 19
(a) In this section, “holder of a subordinate interest” includes any condominium 20
council of unit owners or homeowners association that has filed a request for notice of sale 21
under subsection (c) of this section. 22
(b) The person authorized to make a sale in an action to foreclose a mortgage or 23
deed of trust shall give written notice of any proposed foreclosure sale to the holder of any 24
subordinate mortgage, deed of trust, or other subordinate interest, including a judgment, 25
in accordance with § 7–105.4 of this subtitle and the requirements of Maryland Rule 26
14–210. 27
(c) (1) The land records office of each county shall maintain a current listing 28
of recorded requests for notice of sale by holders of subordinate mortgages, deeds of trust, 29
or other subordinate interests. 30
(2) The holder of a subordinate mortgage, deed of trust, or other 31
subordinate interest may file a request for notice under this subsection. 32
(3) Each request for notice of sale shall: 33
(i) Be recorded in a separate [docket or book] PAPER OR 34
ELECTRONIC INDEX which shall be indexed under the name of the holder of the superior 35 SENATE BILL 150 13
mortgage or deed of trust and under the book and page numbers where the superior 1
mortgage or deed of trust is recorded; 2
(ii) Identify the property in which the subordinate interest is held; 3
(iii) State the name and address of the holder of the subordinate 4
interest; and 5
(iv) Identify the superior mortgage or deed of trust by stating: 6
1. The names of the original parties to the superior mortgage 7
or deed of trust; 8
2. The date the superior mortgage or deed of trust was 9
recorded; and 10
3. The office, docket or book, and page where the superior 11
mortgage or deed of trust is recorded. 12
(4) (i) Except as provided in subparagraph (ii) of this paragraph, failure 13
of a holder of a subordinate mortgage, deed of trust, or other subordinate interest to record 14
a request for notice under this subsection does not affect the duty of a holder of a superior 15
interest to provide notice as required under this section. 16
(ii) A holder of a superior interest does not have a duty to provide 17
notice to a condominium council of unit owners or homeowners association that has not 18
filed a request for notice under this subsection. 19
8–402.2. 20
(a) (1) This section applies to property: 21
(i) Leased for business, commercial, manufacturing, mercantile, or 22
industrial purposes, or any other purpose that is not primarily residential; 23
(ii) Improved or to be improved by any apartment, condominium, 24
cooperative, or other building for multifamily use of greater than four dwelling units; or 25
(iii) Leased for dwellings or mobile homes that are erected or placed 26
in a mobile home development or mobile home park. 27
(2) This section does not apply to residential property that is or was used, 28
intended to be used, or authorized to be used for four or fewer dwelling units. 29
(b) (1) Whenever, in a case that involves a 99–year ground lease renewable 30
forever, at least 6 months ground rent is in arrears and the landlord has the lawful right 31
to reenter for the nonpayment of the rent, the landlord, no less than 45 days after sending 32 14 SENATE BILL 150
to the tenant by certified mail, return receipt requested, at the tenant’s last known address, 1
and also by first–class mail to the title agent or attorney listed on the deed to the property 2
or the intake sheet recorded with the deed, a bill for the ground rent due, may bring an 3
action for possession of the property under § 14–108.1 of this article[; if]. 4
(2) (I) IF the tenant cannot be personally served IN ACCORDANCE 5
WITH PARAGRAPH (1) OF THIS SUBSECTION , or there is no tenant in actual possession 6
of the property, service by posting notice on the property may be made in accordance with 7
the Maryland Rules. 8
(II) Personal service or posting in accordance with the Maryland 9
Rules shall stand in the place of a demand and reentry. 10
(c) (1) Before entry of a judgment the landlord shall give written notice of the 11
pending entry of judgment to each mortgagee of the lease, or any part of the lease, who 12
before entry of the judgment has recorded in the land records of each county where the 13
property is located a timely request for notice of judgment. 14
(2) A request for notice of judgment DESCRIBED UNDER PARA GRAPH (1) 15
OF THIS SUBSECTION shall: 16
(i) Be recorded in a separate [docket or book] PAPER OR 17
ELECTRONIC INDEX that is indexed under the name of the mortgagor; 18
(ii) Identify the property on which the mortgage is held and refer to 19
the date and recording reference of that mortgage; 20
(iii) State the name and address of the holder of the mortgage; and 21
(iv) Identify the ground lease by stating: 22
1. The name of the original lessor; 23
2. The date the ground lease was recorded; and 24
3. The office, docket or book, and page where the ground 25
lease is recorded. 26
[(2)] (3) (I) The landlord shall mail the notice by certified mail return 27
receipt requested to the mortgagee at the address stated in the recorded request for notice 28
of judgment. 29
(II) If the notice is not given, judgment in favor of the landlord does 30
not impair the lien of the mortgagee. 31
SENATE BILL 150 15
(III) Except as otherwise provided in this subsection, the property is 1
discharged from the lease and the rights of all persons claiming under the lease are 2
foreclosed unless, within 6 calendar months after execution of the judgment for possession, 3
the tenant or any other person claiming under the lease: 4
[(i)] 1. Pays the ground rent, arrears, and all costs awarded 5
against that person; and 6
[(ii)] 2. Commences a proceeding to obtain relief from the 7
judgment. 8
(d) This section does not bar the right of any mortgagee of the lease, or any part 9
of the lease, who is not in possession at any time before expiration of 6 calendar months 10
after execution of the judgment awarding the landlord possession, to pay all costs and 11
damages sustained by the landlord and to perform all the covenants and agreements that 12
are to be performed by the tenant. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2025. 15