Maryland 2025 Regular Session

Maryland Senate Bill SB150 Compare Versions

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1- WES MOORE, Governor Ch. 66
21
3-– 1 –
4-Chapter 66
5-(Senate Bill 150)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0150*
810
9-Real Property – Recordation and Land Records – Requirements
11+SENATE BILL 150
12+N1 (5lr1361)
13+ENROLLED BILL
14+— Judicial Proceedings/Environment and Transportation —
15+Introduced by Senator Watson
1016
11-FOR the purpose of altering certain provisions relating to the filing, maintenance, and
12-transmittal of land records; and generally relating to the recordation of instruments
13-affecting real property and land records.
17+Read and Examined by Proofreaders:
1418
15-BY repealing and reenacting, with amendments,
16- Article – Real Property
17-Section 1–101, 3–104(a), (d), and (e)(1), 3–105, 3–106, 3–108(a) through (d), 3–301
18-through 3–304, 3–403, 3–404, 7–105.5(c), and 8–402.2
19- Annotated Code of Maryland
20- (2023 Replacement Volume and 2024 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2123
22-BY repealing and reenacting, without amendments,
23- Article – Real Property
24-Section 3–108(e) and 7–105.5(a) and (b)
25- Annotated Code of Maryland
26- (2023 Replacement Volume and 2024 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2725
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
26+_______ day of _______________ at __ ______________________ o’clock, ________M.
3027
31-Article – Real Property
28+______________________________________________
29+President.
3230
33-1–101.
31+CHAPTER ______
3432
35- (a) In this article the following words have the meanings indicated unless
36-otherwise apparent from context.
33+AN ACT concerning 1
3734
38- (b) “County” includes Baltimore City.
35+Real Property – Recordation and Land Records – Requirements 2
3936
40- (c) “Deed” includes any deed, grant, mortgage, deed of trust, lease, assignment,
41-and release, pertaining to land or property or any interest therein or appurtenant thereto,
42-including an interest in rents and profits from rents.
37+FOR the purpose of altering certain provisions relating to the filing, maintenance, and 3
38+transmittal of land records; and generally relating to the recordation of instruments 4
39+affecting real property and land records. 5
4340
44- (d) (1) “Deed of trust” means [only] a deed of trust [which] THAT secures a
45-debt or the performance of an obligation[, and].
41+BY repealing and reenacting, with amendments, 6
42+ Article – Real Property 7
43+Section 1–101, 3–104(a), (d), and (e)(1), 3–105, 3–106, 3–108(a) through (d), 3–301 8
44+through 3–304, 3–403, 3–404, 7–105.5(c), and 8–402.2 9
45+ Annotated Code of Maryland 10
46+ (2023 Replacement Volume and 2024 Supplement) 11
4647
47- (2) “DEED OF TRUST ” does not include a voluntary grant unrelated to
48-security purposes. Ch. 66 2025 LAWS OF MARYLAND
48+BY repealing and reenacting, without amendments, 12
49+ Article – Real Property 13 2 SENATE BILL 150
4950
50-– 2 –
5151
52- (e) “Grant” includes conveyance, assignment, and transfer.
52+Section 3–108(e) and 7–105.5(a) and (b) 1
53+ Annotated Code of Maryland 2
54+ (2023 Replacement Volume and 2024 Supplement) 3
5355
54- (f) “Land” [has the same meaning as “property”] MEANS PROPERTY .
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
57+That the Laws of Maryland read as follows: 5
5558
56- (G) “LAND RECORD ” MEANS ANY DOCUMENT R ECORDED BY A CLERK O F
57-THE CIRCUIT COURT AFFECTING THE TITLE RELATING TO PROPERTY .
59+Article – Real Property 6
5860
59- [(g)] (H) “Landlord” means any landlord, including a [“lessor”] LESSOR.
61+1–101. 7
6062
61- [(h)] (I) “Lease” means any oral or written agreement, express or implied,
62-creating a landlord and tenant relationship, including any [“sublease”] SUBLEASE and any
63-further sublease.
63+ (a) In this article the following words have the meanings indicated unless 8
64+otherwise apparent from context. 9
6465
65- [(i)] (J) “Mortgage” means any mortgage, including a deed in the nature of
66-mortgage.
66+ (b) “County” includes Baltimore City. 10
6767
68- [(j)] (K) “Person” includes an individual, A receiver, A trustee, A guardian, AN
69-executor, AN administrator, A fiduciary, or A representative of any kind, or any partnership,
70-firm, association, public or private corporation, or any other entity.
68+ (c) “Deed” includes any deed, grant, mortgage, deed of trust, lease, assignment, 11
69+and release, pertaining to land or property or any interest therein or appurtenant thereto, 12
70+including an interest in rents and profits from rents. 13
7171
72- [(k)] (L) “Property” means real property or any interest [therein or appurtenant
73-thereto] IN REAL PROPERTY .
72+ (d) (1) “Deed of trust” means [only] a deed of trust [which] THAT secures a 14
73+debt or the performance of an obligation[, and]. 15
7474
75- [(l)] (M) “Purchaser” [has the same meaning as] MEANS A buyer or vendee.
75+ (2) “DEED OF TRUST ” does not include a voluntary grant unrelated to 16
76+security purposes. 17
7677
77- [(m)] (N) “Tenantmeans any tenant including a [“lessee”] LESSEE.
78+ (e) “Grantincludes conveyance, assignment, and transfer. 18
7879
79- [(n)] (O) “Vendor” [has the same meaning as] MEANS A seller.
80+ (f) “Land” [has the same meaning as “property”] MEANS PROPERTY . 19
8081
81-3–104.
82+ (G) “LAND RECORD ” MEANS ANY DOCUMENT R ECORDED BY A CLERK O F 20
83+THE CIRCUIT COURT AFFECTING THE TITLE RELATING TO PROPERTY . 21
8284
83- (a) (1) The [Clerk of the Circuit Court] CLERK OF THE CIRCUIT COURT may
84-record an instrument that effects a change of ownership if the instrument is:
85+ [(g)] (H) “Landlord” means any landlord, including a [“lessor”] LESSOR. 22
8586
86- (i) Endorsed with the certificate of the collector of taxes of the
87-county in which the property is assessed, required under subsection (b) of this section;
87+ [(h)] (I) “Lease” means any oral or written agreement, express or implied, 23
88+creating a landlord and tenant relationship, including any [“sublease”] SUBLEASE and any 24
89+further sublease. 25
8890
89- (ii) 1. Accompanied by a complete intake sheet; or
91+ [(i)] (J) “Mortgage” means any mortgage, including a deed in the nature of 26
92+mortgage. 27
9093
91- 2. Endorsed by the assessment office for the county as
92-provided in subsection (g)(8) of this section; and
94+ [(j)] (K) “Person” includes an individual, A receiver, A trustee, A guardian, AN 28
95+executor, AN administrator, A fiduciary, or A representative of any kind, or any partnership, 29
96+firm, association, public or private corporation, or any other entity. 30
97+ SENATE BILL 150 3
9398
94- (iii) Accompanied by a copy of the instrument, and any survey, for
95-submission to the Department of Assessments and Taxation. WES MOORE, Governor Ch. 66
9699
97-– 3 –
100+ [(k)] (L) “Property” means real property or any interest [therein or appurtenant 1
101+thereto] IN REAL PROPERTY . 2
98102
99- (2) The Supervisor of Assessments shall transfer ownership of property in
100-the assessment records, effective as of the date of recordation, [upon] ON receipt from the
101-[Clerk of the Circuit Court] CLERK OF THE CIRCUIT COURT of a copy of the instrument,
102-the completed intake sheet, and any survey submitted under paragraph (1) of this
103-subsection OR DOCUMENTS RECEIVE D THROUGH AN ELECTRO NIC RECORDATION
104-SYSTEM.
103+ [(l)] (M) “Purchaser” [has the same meaning as] MEANS A buyer or vendee. 3
105104
106- (d) (1) Every deed or other instrument offered for recordation shall have the
107-name of each person typed or printed directly above or below the signature of the person.
105+ [(m)] (N) “Tenant” means any tenant including a [“lessee”] LESSEE. 4
108106
109- (2) If a typed or printed name is not provided as required in this subsection,
110-the clerk shall make reasonable efforts to determine the correct name under which the deed
111-or other instrument shall be indexed.
107+ [(n)] (O) “Vendor” [has the same meaning as] MEANS A seller. 5
112108
113- (e) (1) (I) Any printed deed or other instrument offered for recordation
114-shall [be]:
109+3–104. 6
115110
116- 1. BE printed in not less than [eight–point] 10 8 POINT type
117-and in black letters and be on white paper of sufficient weight and thickness to be clearly
118-readable. If the deed or other instrument is wholly typewritten or typewritten on a printed
119-form, the typewriting shall be in black letters, in not less than elite type and [upon] ON
120-white paper of sufficient weight or thickness as to be clearly readable. The foregoing
121-provisions do not apply to manuscript covers or backs customarily used on documents
122-offered for recordation. The recording charge for any instrument not conforming to these
123-requirements shall be [treble] THREE TIMES the normal [charge] AMOUNT CHARGED . In
124-any clerk’s office where the deeds or other instruments are [photostated or microfilmed]
125-SCANNED, no instrument on which a rider has been placed or attached in a manner
126-obscuring, hiding, or covering any other part of the instrument may be offered or received
127-for record. No instrument not otherwise readily subject to [photostating or microfilming]
128-SCANNING may be offered or received for record until [treble] THREE TIMES the normal
129-recording charge is paid to the clerk and unless an affidavit, black type on white paper, is
130-attached and made a part of the document stating the kind of instrument, the date, the
131-parties to the transaction, description of the property, and all other pertinent data; AND
111+ (a) (1) The [Clerk of the Circuit Court] CLERK OF THE CIRCUIT COURT may 7
112+record an instrument that effects a change of ownership if the instrument is: 8
132113
133- 2. INCLUDE AT LEAST A 3–INCH MARGIN AT THE T OP OF
134-THE FIRST PAGE AND 1–INCH MARGINS ON ALL REMAINING THE LEFT AND RIGHT
135-SIDES OF EACH PAGE O F THE INSTRUMENT FOR OFFICIAL USE.
114+ (i) Endorsed with the certificate of the collector of taxes of the 9
115+county in which the property is assessed, required under subsection (b) of this section; 10
136116
137- (II) A CLERK MAY REFUSE TO RECORD AN INSTRUM ENT THAT
138-DOES NOT MEET THE RE QUIREMENTS OF SUBPAR AGRAPH (I) OF THIS PARAGRAPH
139-MAY NOT BE HELD LIAB LE FOR FAILURE OF A DOCUMENT THAT DOES N OT MEET THE
140-REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH TO BE EFFECTIVELY
141-SCANNED OR PRESE RVED FOR RECORD . Ch. 66 2025 LAWS OF MARYLAND
117+ (ii) 1. Accompanied by a complete intake sheet; or 11
142118
143-– 4 –
119+ 2. Endorsed by the assessment office for the county as 12
120+provided in subsection (g)(8) of this section; and 13
144121
145- (III) After any document has been recorded in one county, a certified
146-copy of the recorded document may be recorded in any other county.
122+ (iii) Accompanied by a copy of the instrument, and any survey, for 14
123+submission to the Department of Assessments and Taxation. 15
147124
148-3–105.
125+ (2) The Supervisor of Assessments shall transfer ownership of property in 16
126+the assessment records, effective as of the date of recordation, [upon] ON receipt from the 17
127+[Clerk of the Circuit Court] CLERK OF THE CIRCUIT COURT of a copy of the instrument, 18
128+the completed intake sheet, and any survey submitted under paragraph (1) of this 19
129+subsection OR DOCUMENTS RECEIVE D THROUGH AN ELECTRO NIC RECORDATI ON 20
130+SYSTEM. 21
149131
150- (a) A mortgage or deed of trust may be released validly by any procedure
151-enumerated in this section or § 3–105.2 of this subtitle.
132+ (d) (1) Every deed or other instrument offered for recordation shall have the 22
133+name of each person typed or printed directly above or below the signature of the person. 23
152134
153- (b) (1) A release may be endorsed on the original mortgage or deed of trust by
154-the mortgagee or [his] AN assignee OF THE MORTGAGEE , the trustee or [his] A successor
155-OF THE TRUSTEE under a deed of trust, or by the holder of the debt or obligation secured
156-by the deed of trust.
135+ (2) If a typed or printed name is not provided as required in this subsection, 24
136+the clerk shall make reasonable efforts to determine the correct name under which the deed 25
137+or other instrument shall be indexed. 26
157138
158- (2) The mortgage or the deed of trust, with the endorsed release, then shall
159-be filed in the office in which the mortgage or deed of trust is recorded.
139+ (e) (1) (I) Any printed deed or other instrument offered for recordation 27
140+shall [be]: 28
160141
161- (3) The clerk shall record the release [photographically], with an
162-attachment or rider affixed to it containing the names of the parties as they appear on the
163-original mortgage or deed of trust, together with a reference to the book and page number
164-where the mortgage or deed of trust is recorded.
142+ 1. BE printed in not less than [eight–point] 10 8 POINT type 29
143+and in black letters and be on white paper of sufficient weight and thickness to be clearly 30
144+readable. If the deed or other instrument is wholly typewritten or typewritten on a printed 31 4 SENATE BILL 150
165145
166- [(c) At the option of the clerk of the court in whose office the book form of recording
167-is used, the release may be written by the mortgagee, or his assignee, or the trustee, or his
168-successor under a deed of trust, on the record in the office where the mortgage or deed of
169-trust is recorded and attested by the clerk of the court. At the time of recording any
170-mortgage or deed of trust, the clerk of the court in whose office the book form of recording
171-is used shall leave a blank space at the foot of the mortgage or deed of trust for the purpose
172-of entering such release.]
173146
174- [(d)] (C) (1) (I) When the debt secured by a deed of trust is paid fully or
175-satisfied, and any bond, note, or other evidence of the total indebtedness is marked “paid”
176-or “canceled” by the holder or [his] AN agent OF THE HOLDER , it may be received by the
177-clerk and indexed and recorded as any other instrument in the nature of a release.
147+form, the typewriting shall be in black letters, in not less than elite type and [upon] ON 1
148+white paper of sufficient weight or thickness as to be clearly readable. The foregoing 2
149+provisions do not apply to manuscript covers or backs customarily used on documents 3
150+offered for recordation. The recording charge for any instrument not conforming to these 4
151+requirements shall be [treble] THREE TIMES the normal [charge] AMOUNT CHARGED . In 5
152+any clerk’s office where the deeds or other instruments are [photostated or microfilmed] 6
153+SCANNED, no instrument on which a rider has been placed or attached in a manner 7
154+obscuring, hiding, or covering any other part of the instrument may be offered or received 8
155+for record. No instrument not otherwise readily subject to [photostating or microfilming] 9
156+SCANNING may be offered or received for record until [treble] THREE TIMES the normal 10
157+recording charge is paid to the clerk and unless an affidavit, black type on white paper, is 11
158+attached and made a part of the document stating the kind of instrument, the date, the 12
159+parties to the transaction, description of the property, and all other pertinent data; AND 13
178160
179- (II) The marked note has the same effect as a release of the property
180-for which it is the security, as if a release were executed by the named trustees, if there is
181-attached to or endorsed on the note an affidavit of the holder, the party making satisfaction,
182-or an agent of either of them, that it has been paid or satisfied, and specifically setting forth
183-the land record reference where the original deed of trust is recorded.
161+ 2. INCLUDE AT LEAST A 3–INCH MARGIN AT THE T OP OF 14
162+THE FIRST PAGE AND 1–INCH MARGINS ON ALL REMAINING THE LEFT AND RIGHT 15
163+SIDES OF EACH PAGE O F THE INSTRUMENT FOR OFFIC IAL USE. 16
184164
185- (2) (I) When the debt secured by a mortgage is paid fully or satisfied,
186-and the original mortgage is marked “paid” or “canceled” by the mortgagee or [his] AN
187-agent OF THE MORTGAGEE , it may be received by the clerk and indexed and recorded as
188-any other instrument in the nature of a release. WES MOORE, Governor Ch. 66
165+ (II) A CLERK MAY REFUSE TO RECORD AN INSTRUMENT THAT 17
166+DOES NOT MEET THE RE QUIREMENTS OF SUBPAR AGRAPH (I) OF THIS PARAGRAPH 18
167+MAY NOT BE HELD LIAB LE FOR FAILURE OF A DOCUMENT THAT DOES N OT MEET THE 19
168+REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH TO BE EFFECTIVELY 20
169+SCANNED OR PRESERVED FOR RECORD . 21
189170
190-– 5 –
171+ (III) After any document has been recorded in one county, a certified 22
172+copy of the recorded document may be recorded in any other county. 23
191173
192- (II) The marked mortgage has the same effect as a release of the
193-property for which it is the security, as if a release were executed by the mortgagee, if there
194-is attached to or endorsed on the mortgage an affidavit of the mortgagee, the mortgagor,
195-the party making satisfaction, or the agent of [any of them] THE MORTGAGEE , THE
196-MORTGAGOR , OR THE PARTY MAKING SATISFACTION , that it has been paid or satisfied,
197-and specifically setting forth the land record reference where the mortgage is recorded.
174+3–105. 24
198175
199- (3) (I) When the debt secured by a mortgage or deed of trust is paid fully
200-or satisfied, and the canceled check evidencing final payment or, if the canceled check is
201-unavailable, a copy of the canceled check accompanied by a certificate from the institution
202-on which the check was drawn stating that the copy is a true and genuine image of the
203-original check is presented, it may be received by the clerk and indexed and recorded as
204-any other instrument in the nature of a release.
176+ (a) A mortgage or deed of trust may be released validly by any procedure 25
177+enumerated in this section or § 3–105.2 of this subtitle. 26
205178
206- (II) The canceled check or copy accompanied by the certificate has
207-the same effect as a release of the property for which the mortgage or deed of trust is the
208-security, as if a release were executed by the mortgagee or named trustees, if:
179+ (b) (1) A release may be endorsed on the original mortgage or deed of trust by 27
180+the mortgagee or [his] AN assignee OF THE MORTGAGEE , the trustee or [his] A successor 28
181+OF THE TRUSTEE under a deed of trust, or by the holder of the debt or obligation secured 29
182+by the deed of trust. 30
209183
210- [(i)] 1. The party making satisfaction of the mortgage or deed of
211-trust has:
184+ (2) The mortgage or the deed of trust, with the endorsed release, then shall 31
185+be filed in the office in which the mortgage or deed of trust is recorded. 32
212186
213- [1.] A. Allowed at least a 60–day waiting period, from the
214-date the mortgage or deed of trust is paid fully or is satisfied, for the party satisfied to
215-provide a release suitable for recording;
187+ (3) The clerk shall record the release [photographically], with an 33
188+attachment or rider affixed to it containing the names of the parties as they appear on the 34
189+original mortgage or deed of trust, together with a reference to the book and page number 35
190+where the mortgage or deed of trust is recorded. 36
191+ SENATE BILL 150 5
216192
217- [2.] B. Sent the party satisfied a copy of this section and a
218-notice that, unless a release is provided within 30 days, the party making satisfaction will
219-obtain a release by utilizing the provisions of this paragraph; and
220193
221- [3.] C. Following the mailing of the notice required under
222-item 2 of this item, allowed an additional waiting period of at least 30 days for the party
223-satisfied to provide a release suitable for recording; [and]
194+ [(c) At the option of the clerk of the court in whose office the book form of recording 1
195+is used, the release may be written by the mortgagee, or his assignee, or the trustee, or his 2
196+successor under a deed of trust, on the record in the office where the mortgage or deed of 3
197+trust is recorded and attested by the clerk of the court. At the time of recording any 4
198+mortgage or deed of trust, the clerk of the court in whose office the book form of recording 5
199+is used shall leave a blank space at the foot of the mortgage or deed of trust for the purpose 6
200+of entering such release.] 7
224201
225- [(ii)] 2. The canceled check or copy accompanied by the certificate
226-contains the name of the party whose debt is being satisfied, the debt account number, if
227-any, and words indicating that the check is intended as payment in full of the debt being
228-satisfied; and
202+ [(d)] (C) (1) (I) When the debt secured by a deed of trust is paid fully or 8
203+satisfied, and any bond, note, or other evidence of the total indebtedness is marked “paid” 9
204+or “canceled” by the holder or [his] AN agent OF THE HOLDER , it may be received by the 10
205+clerk and indexed and recorded as any other instrument in the nature of a release. 11
229206
230- [(iii)] 3. There is attached to the canceled check or copy
231-accompanied by the certificate an affidavit made by a member of the Maryland Bar that
232-the mortgage or deed of trust has been satisfied, that the notice required under item [(i)] 1
233-of this [paragraph] SUBPARAGRAPH has been sent, and specifically setting forth the land
234-record reference where the original mortgage or deed of trust is recorded.
235- Ch. 66 2025 LAWS OF MARYLAND
207+ (II) The marked note has the same effect as a release of the property 12
208+for which it is the security, as if a release were executed by the named trustees, if there is 13
209+attached to or endorsed on the note an affidavit of the holder, the party making satisfaction, 14
210+or an agent of either of them, that it has been paid or satisfied, and specifically setting forth 15
211+the land record reference where the original deed of trust is recorded. 16
236212
237-– 6 –
238- (4) (I) When the debt secured by a mortgage or deed of trust is fully paid
239-or satisfied and the holder or the agent of the holder of the mortgage or deed of trust note
240-or other obligation secured by the deed of trust, or the trustee or successor trustee under
241-the deed of trust, executes and acknowledges a certificate of satisfaction substantially in
242-the form specified under § 4–203(d) of this article, containing the name of the debtor, holder,
243-the authorized agent of the holder, or the trustee or successor trustee under the deed of
244-trust, the date, and the land record recording reference of the instrument to be released, it
245-may be received by the clerk and indexed and recorded as any other instrument in the
246-nature of a release.
213+ (2) (I) When the debt secured by a mortgage is paid fully or satisfied, 17
214+and the original mortgage is marked “paid” or “canceled” by the mortgagee or [his] AN 18
215+agent OF THE MORTGAGEE , it may be received by the clerk and indexed and recorded as 19
216+any other instrument in the nature of a release. 20
247217
248- (II) The certificate of satisfaction shall have the same effect as a
249-release executed by the holder of a mortgage or the named trustee under a deed of trust.
218+ (II) The marked mortgage has the same effect as a release of the 21
219+property for which it is the security, as if a release were executed by the mortgagee, if there 22
220+is attached to or endorsed on the mortgage an affidavit of the mortgagee, the mortgagor, 23
221+the party making satisfaction, or the agent of [any of them] THE MORTGAGEE , THE 24
222+MORTGAGOR , OR THE PARTY MAKING SATISFACTION , that it has been paid or satisfied, 25
223+and specifically setting forth the land record reference where the mortgage is recorded. 26
250224
251- (5) (I) When the holder of a mortgage or deed of trust note or other
252-obligation secured by the deed of trust has agreed to release certain property from the lien
253-of the mortgage or deed of trust and the holder or the agent of the holder of the mortgage
254-or deed of trust note or other obligation secured by the deed of trust, or the trustee or
255-successor trustee under the deed of trust executes and acknowledges a certificate of partial
256-satisfaction or partial release substantially in the form specified under § 4–203(e) of this
257-article, containing the name of the debtor, holder, the authorized agent of the holder, or the
258-trustee or successor trustee under the deed of trust, the date, the land record recording
259-reference of the instrument to be partially released, and a description of the real property
260-being released, it may be received by the clerk and indexed and recorded as any other
261-instrument in the nature of a partial release.
225+ (3) (I) When the debt secured by a mortgage or deed of trust is paid fully 27
226+or satisfied, and the canceled check evidencing final payment or, if the canceled check is 28
227+unavailable, a copy of the canceled check accompanied by a certificate from the institution 29
228+on which the check was drawn stating that the copy is a true and genuine image of the 30
229+original check is presented, it may be received by the clerk and indexed and recorded as 31
230+any other instrument in the nature of a release. 32
262231
263- (II) The certificate of partial satisfaction or partial release shall have
264-the same effect as a partial release executed by the holder of a mortgage, the holder of the
265-debt secured by a deed of trust, or the named trustee under a deed of trust.
232+ (II) The canceled check or copy accompanied by the certificate has 33
233+the same effect as a release of the property for which the mortgage or deed of trust is the 34
234+security, as if a release were executed by the mortgagee or named trustees, if: 35
266235
267- [(e)] (D) A release of a mortgage or deed of trust may be made on a separate
268-instrument if it states that the mortgagee, holder of the debt or obligation secured by the
269-deed of trust, trustee, or assignee releases the mortgage or deed of trust and states the
270-names of the parties to the mortgage or deed of trust and the date and recording reference
271-of the mortgage or deed of trust to be released. In addition, any form of release that satisfies
272-the requirements of a deed and is recorded as required by this article is sufficient.
236+ [(i)] 1. The party making satisfaction of the mortgage or deed of 36
237+trust has: 37
238+ 6 SENATE BILL 150
273239
274- [(f)] (E) (1) A holder of a debt secured by a mortgage or deed of trust, or a
275-successor of a holder, may release part of the collateral securing the mortgage or deed of
276-trust by executing and acknowledging a partial release on an instrument separate from the
277-mortgage or deed of trust.
278240
279- (2) A partial release shall:
241+ [1.] A. Allowed at least a 60–day waiting period, from the 1
242+date the mortgage or deed of trust is paid fully or is satisfied, for the party satisfied to 2
243+provide a release suitable for recording; 3
280244
281- (i) Be executed and acknowledged;
282- WES MOORE, Governor Ch. 66
245+ [2.] B. Sent the party satisfied a copy of this section and a 4
246+notice that, unless a release is provided within 30 days, the party making satisfaction will 5
247+obtain a release by utilizing the provisions of this paragraph; and 6
283248
284-– 7 –
285- (ii) Contain the names of the parties to the mortgage or deed of trust,
286-the date, and the land record recording reference of the instrument subject to the partial
287-release; and
249+ [3.] C. Following the mailing of the notice required under 7
250+item 2 of this item, allowed an additional waiting period of at least 30 days for the party 8
251+satisfied to provide a release suitable for recording; [and] 9
288252
289- (iii) Otherwise satisfy the requirements of a valid deed.
253+ [(ii)] 2. The canceled check or copy accompanied by the certificate 10
254+contains the name of the party whose debt is being satisfied, the debt account number, if 11
255+any, and words indicating that the check is intended as payment in full of the debt being 12
256+satisfied; and 13
290257
291- (3) The clerk of the court shall accept, index, and record, as a partial
292-release, an instrument that complies with and is filed under this section.
258+ [(iii)] 3. There is attached to the canceled check or copy 14
259+accompanied by the certificate an affidavit made by a member of the Maryland Bar that 15
260+the mortgage or deed of trust has been satisfied, that the notice required under item [(i)] 1 16
261+of this [paragraph] SUBPARAGRAPH has been sent, and specifically setting forth the land 17
262+record reference where the original mortgage or deed of trust is recorded. 18
293263
294- (4) Unless otherwise stated in an instrument recorded among the land
295-records, a trustee under a deed of trust may execute, acknowledge, and deliver partial
296-releases.
264+ (4) (I) When the debt secured by a mortgage or deed of trust is fully paid 19
265+or satisfied and the holder or the agent of the holder of the mortgage or deed of trust note 20
266+or other obligation secured by the deed of trust, or the trustee or successor trustee under 21
267+the deed of trust, executes and acknowledges a certificate of satisfaction substantially in 22
268+the form specified under § 4–203(d) of this article, containing the name of the debtor, holder, 23
269+the authorized agent of the holder, or the trustee or successor trustee under the deed of 24
270+trust, the date, and the land record recording reference of the instrument to be released, it 25
271+may be received by the clerk and indexed and recorded as any other instrument in the 26
272+nature of a release. 27
297273
298- [(g)] (F) If a full or partial release of a mortgage or deed of trust is recorded
299-[other than at the foot of the recorded mortgage or deed of trust], the clerk shall place a
300-reference to the book and page number or other place where the release is recorded on the
301-recorded mortgage or deed of trust.
274+ (II) The certificate of satisfaction shall have the same effect as a 28
275+release executed by the holder of a mortgage or the named trustee under a deed of trust. 29
302276
303- [(h)] (G) Unless otherwise expressly provided in the release, a full or partial
304-release that is recorded for a mortgage or deed of trust that is re–recorded, amended,
305-modified, or otherwise altered or affected by a supplemental instrument and which cites
306-the released mortgage or deed of trust by reference to only the original recorded mortgage,
307-deed of trust, or supplemental instrument to the original mortgage or deed of trust, shall
308-be effective as a full or partial release of the original mortgage or deed of trust and all
309-supplemental instruments to the original mortgage or deed of trust.
277+ (5) (I) When the holder of a mortgage or deed of trust note or other 30
278+obligation secured by the deed of trust has agreed to release certain property from the lien 31
279+of the mortgage or deed of trust and the holder or the agent of the holder of the mortgage 32
280+or deed of trust note or other obligation secured by the deed of trust, or the trustee or 33
281+successor trustee under the deed of trust executes and acknowledges a certificate of partial 34
282+satisfaction or partial release substantially in the form specified under § 4–203(e) of this 35
283+article, containing the name of the debtor, holder, the authorized agent of the holder, or the 36
284+trustee or successor trustee under the deed of trust, the date, the land record recording 37
285+reference of the instrument to be partially released, and a description of the real property 38 SENATE BILL 150 7
310286
311- [(i)] (H) Unless otherwise expressly provided in the release, a full or partial
312-release that is recorded for a mortgage or deed of trust, or for any re–recording, amendment,
313-modification, or supplemental instrument to the mortgage or deed of trust shall terminate
314-or partially release any related financing statements, but only to the extent that the
315-financing statements describe fixtures that are part of the collateral described in the full
316-or partial release.
317287
318-3–106.
288+being released, it may be received by the clerk and indexed and recorded as any other 1
289+instrument in the nature of a partial release. 2
319290
320- The clerk of the CIRCUIT court shall record [photographically] any assignment of a
321-mortgage with an attachment or rider affixed to it containing the names of the parties as
322-they appear on the original mortgage and a reference to the book number and page number
323-where the mortgage is recorded.
291+ (II) The certificate of partial satisfaction or partial release shall have 3
292+the same effect as a partial release executed by the holder of a mortgage, the holder of the 4
293+debt secured by a deed of trust, or the named trustee under a deed of trust. 5
324294
325-3–108.
295+ [(e)] (D) A release of a mortgage or deed of trust may be made on a separate 6
296+instrument if it states that the mortgagee, holder of the debt or obligation secured by the 7
297+deed of trust, trustee, or assignee releases the mortgage or deed of trust and states the 8
298+names of the parties to the mortgage or deed of trust and the date and recording reference 9
299+of the mortgage or deed of trust to be released. In addition, any form of release that satisfies 10
300+the requirements of a deed and is recorded as required by this article is sufficient. 11
326301
327- (a) (1) Except as provided in paragraph (2) of this subsection, the provisions of
328-this section are in addition to any other provisions of the Code, pertaining to recordation of
329-subdivision plats.
330- Ch. 66 2025 LAWS OF MARYLAND
302+ [(f)] (E) (1) A holder of a debt secured by a mortgage or deed of trust, or a 12
303+successor of a holder, may release part of the collateral securing the mortgage or deed of 13
304+trust by executing and acknowledging a partial release on an instrument separate from the 14
305+mortgage or deed of trust. 15
331306
332-– 8 –
333- (2) [The provisions of this] THIS section [do] DOES not apply in Queen
334-Anne’s County.
307+ (2) A partial release shall: 16
335308
336- (b) (1) If the owner of land in the State subdivides [his] THE land for
337-commercial, industrial, or residential use to be comprised of streets, avenues, lanes, or
338-alleys and lots, and desires, for the purpose of description and identification, to record a
339-plat of the subdivision among the land records of the county where the land lies, the clerk
340-of the court shall accept and record the plat as prescribed in this section.
309+ (i) Be executed and acknowledged; 17
341310
342- (2) The clerk may not accept the plat for record until the owner of land
343-complies with the requirements prescribed in this section.
311+ (ii) Contain the names of the parties to the mortgage or deed of trust, 18
312+the date, and the land record recording reference of the instrument subject to the partial 19
313+release; and 20
344314
345- (c) (1) In this subsection, “coordinate” means a number which determines the
346-position of any point in a north or south and an east or west direction in relation to any
347-other point in the same coordinate system.
315+ (iii) Otherwise satisfy the requirements of a valid deed. 21
348316
349- (2) The plat shall be legible, drawn accurately and to scale and shall be
350-submitted for recordation using black ink on transparent mylar[, or linen] or black–line
351-photo process comparable to original quality that will conform to archival standards. [The
352-State Highway Administration may substitute microfilm aperture cards showing property
353-or rights–of–way to be acquired or granted. Microfilm aperture cards must meet archival
354-standards for permanent records.]
317+ (3) The clerk of the court shall accept, index, and record, as a partial 22
318+release, an instrument that complies with and is filed under this section. 23
355319
356- (3) The plat shall contain the courses and distances of all lines drawn on
357-the plat.
320+ (4) Unless otherwise stated in an instrument recorded among the land 24
321+records, a trustee under a deed of trust may execute, acknowledge, and deliver partial 25
322+releases. 26
358323
359- (4) With respect to all curved lines, the plat shall show the length of all
360-radii, arcs, and tangents and the courses and distances of all chords.
324+ [(g)] (F) If a full or partial release of a mortgage or deed of trust is recorded 27
325+[other than at the foot of the recorded mortgage or deed of trust], the clerk shall place a 28
326+reference to the book and page number or other place where the release is recorded on the 29
327+recorded mortgage or deed of trust. 30
361328
362- (5) The plat shall contain a north arrow which represents and designates
363-either true or magnetic meridian as of a date specified on the plat or shall be referenced to
364-a recognized coordinate system within the county.
329+ [(h)] (G) Unless otherwise expressly provided in the release, a full or partial 31
330+release that is recorded for a mortgage or deed of trust that is re–recorded, amended, 32
331+modified, or otherwise altered or affected by a supplemental instrument and which cites 33
332+the released mortgage or deed of trust by reference to only the original recorded mortgage, 34
333+deed of trust, or supplemental instrument to the original mortgage or deed of trust, shall 35 8 SENATE BILL 150
365334
366- (6) All courses shown on the plat shall be calculated from the plat meridian.
367335
368- (7) No distance on the plat may be marked “more or less” except on lines
369-which begin, terminate, or bind on a marsh, stream, or any body of water.
336+be effective as a full or partial release of the original mortgage or deed of trust and all 1
337+supplemental instruments to the original mortgage or deed of trust. 2
370338
371- (8) (I) The plat shall show the position by coordinates of not less than
372-four markers set in convenient places within the subdivision in a manner so that the
373-position of one marker is visible from the position of one other marker.
339+ [(i)] (H) Unless otherwise expressly provided in the release, a full or partial 3
340+release that is recorded for a mortgage or deed of trust, or for any re–recording, amendment, 4
341+modification, or supplemental instrument to the mortgage or deed of trust shall terminate 5
342+or partially release any related financing statements, but only to the extent that the 6
343+financing statements describe fixtures that are part of the collateral described in the full 7
344+or partial release. 8
374345
375- (II) From these markers, commonly called [“traverse points”]
376-TRAVERSE POINTS , every corner and line can be readily calculated and marked on the
377-ground. WES MOORE, Governor Ch. 66
346+3–106. 9
378347
379-– 9 –
348+ The clerk of the CIRCUIT court shall record [photographically] any assignment of a 10
349+mortgage with an attachment or rider affixed to it containing the names of the parties as 11
350+they appear on the original mortgage and a reference to the book number and page number 12
351+where the mortgage is recorded. 13
380352
381- (III) These markers shall comply with standards that the State Board
382-for Professional Land Surveyors sets by regulation under § 15–208 of the Business
383-Occupations and Professions Article.
353+3–108. 14
384354
385- (9) A certificate stating that the requirement of this subsection, as far as it
386-concerns the making of the plat and setting of the markers, shall be put on the plat and
387-signed by the owner of the land shown on the plat to the best of [his] THE OWNER ’S
388-knowledge and by the professional land surveyor or property line surveyor preparing it.
355+ (a) (1) Except as provided in paragraph (2) of this subsection, the provisions of 15
356+this section are in addition to any other provisions of the Code, pertaining to recordation of 16
357+subdivision plats. 17
389358
390- (d) (1) [Three linen] THE OWNER SHALL MAIL OR DELIVER THREE copies
391-of the plat [shall be mailed or delivered] to the clerk.
359+ (2) [The provisions of this] THIS section [do] DOES not apply in Queen 18
360+Anne’s County. 19
392361
393- (2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
394-PARAGRAPH , THE fee is $5 for each set of plats[, except that a].
362+ (b) (1) If the owner of land in the State subdivides [his] THE land for 20
363+commercial, industrial, or residential use to be comprised of streets, avenues, lanes, or 21
364+alleys and lots, and desires, for the purpose of description and identification, to record a 22
365+plat of the subdivision among the land records of the county where the land lies, the clerk 23
366+of the court shall accept and record the plat as prescribed in this section. 24
395367
396- (II) A fee is not required for plats [or microfilm aperture cards]
397-showing property or rights–of–way to be acquired or granted by the State Highway
398-Administration.
368+ (2) The clerk may not accept the plat for record until the owner of land 25
369+complies with the requirements prescribed in this section. 26
399370
400- (III) THE CLERK MAY ASSESS ADDITIONA L FEES IF REQUIRED B Y
401-LOCAL LAW OR ORDINAN CE.
371+ (c) (1) In this subsection, “coordinate” means a number which determines the 27
372+position of any point in a north or south and an east or west direction in relation to any 28
373+other point in the same coordinate system. 29
402374
403- (e) Each plat shall be signed and sealed by a professional land surveyor or
404-property line surveyor licensed in the State.
375+ (2) The plat shall be legible, drawn accurately and to scale and shall be 30
376+submitted for recordation using black ink on transparent mylar[, or linen] or black–line 31
377+photo process comparable to original quality that will conform to archival standards. [The 32
378+State Highway Administration may substitute microfilm aperture cards showing property 33
379+or rights–of–way to be acquired or granted. Microfilm aperture cards must meet archival 34
380+standards for permanent records.] 35
381+ SENATE BILL 150 9
405382
406-3–301.
407383
408- (a) (1) If the person offering a deed or other instrument affecting property for
409-record first pays the recording fees, the clerk of the circuit court of each county shall record
410-every deed and other instrument affecting property in [well–bound books to be named
411-“Land Records”, if that is the practice in the county, or on microfilm, if that is the practice]
412-LAND RECORDS AVAILAB LE TO THE PUBLIC .
384+ (3) The plat shall contain the courses and distances of all lines drawn on 1
385+the plat. 2
413386
414- (2) The clerk shall endorse on the deed or other instrument the time [he
415-receives] OF RECEIPT OF the document for recording and the endorsement shall show in
416-the [Land Records] LAND RECORDS .
387+ (4) With respect to all curved lines, the plat shall show the length of all 3
388+radii, arcs, and tangents and the courses and distances of all chords. 4
417389
418- (3) Any deed or other instrument affecting property which also affects
419-personal property shall be recorded in the same manner in the [Land Records] LAND
420-RECORDS only, and not in the [“Financing Records”] FINANCING STATEMENTS .
390+ (5) The plat shall contain a north arrow which represents and designates 5
391+either true or magnetic meridian as of a date specified on the plat or shall be referenced to 6
392+a recognized coordinate system within the county. 7
421393
422- (b) If an interested party so requests, the [“Financing Records”] FINANCING
423-STATEMENTS provided for in § 9–402(9) of the Commercial Law Article shall include a
424-notation that the instrument is recorded among the [“Land Records”] LAND RECORDS . Ch. 66 2025 LAWS OF MARYLAND
394+ (6) All courses shown on the plat shall be calculated from the plat meridian. 8
425395
426-– 10 –
427-The instrument also shall be indexed in the general alphabetical index provided in § 3–302
428-of this subtitle. The notation and indexing have the same effect as if the instrument were
429-recorded in full among the [“Financing Records”] FINANCING STATEMENTS .
396+ (7) No distance on the plat may be marked “more or less” except on lines 9
397+which begin, terminate, or bind on a marsh, stream, or any body of water. 10
430398
431- (c) (1) The clerk may not refuse to accept any deed or other document entitled
432-to be recorded, solely on the grounds that the deed or document contains a
433-strike–through, interlineation, or other corrections.
399+ (8) (I) The plat shall show the position by coordinates of not less than 11
400+four markers set in convenient places within the subdivision in a manner so that the 12
401+position of one marker is visible from the position of one other marker. 13
434402
435- (2) The clerk may refuse to accept for re–recording, a previously recorded
436-deed or document that has been corrected or altered by a strike–through, interlineation, or
437-similar corrective measures, and that has not been re–executed, [initialled] INITIALED, or
438-otherwise ratified in writing by the party or parties affected by the correction.
403+ (II) From these markers, commonly called [“traverse points”] 14
404+TRAVERSE POINTS , every corner and line can be readily calculated and marked on the 15
405+ground. 16
439406
440-3–302.
407+ (III) These markers shall comply with standards that the State Board 17
408+for Professional Land Surveyors sets by regulation under § 15–208 of the Business 18
409+Occupations and Professions Article. 19
441410
442- (a) (1) The clerk of the circuit court of each county shall make and maintain a
443-full and complete general alphabetical index of every deed, and other instrument [in a
444-well–bound book in his office].
411+ (9) A certificate stating that the requirement of this subsection, as far as it 20
412+concerns the making of the plat and setting of the markers, shall be put on the plat and 21
413+signed by the owner of the land shown on the plat to the best of [his] THE OWNER ’S 22
414+knowledge and by the professional land surveyor or property line surveyor preparing it. 23
445415
446- (2) The index shall [be]:
416+ (d) (1) [Three linen] THE OWNER SHALL MAIL OR DELIVER THREE copies 24
417+of the plat [shall be mailed or delivered] to the clerk. 25
447418
448- (I) BE both in the name of each grantor, donor, mortgagor, and
449-assignor, and each grantee, donee, mortgagee, or assignee[. It shall include]; AND
419+ (2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 26
420+PARAGRAPH , THE fee is $5 for each set of plats[, except that a]. 27
450421
451- (II) INCLUDE the book and page of the recordation of every
452-instrument designating these names.
422+ (II) A fee is not required for plats [or microfilm aperture cards] 28
423+showing property or rights–of–way to be acquired or granted by the State Highway 29
424+Administration. 30
453425
454- (3) The clerk shall index every deed or other instrument [retaining a
455-vendor’s lien both as a deed and as a vendor’s lien,] in the same manner as mortgages are
456-indexed.
426+ (III) THE CLERK MAY ASSESS ADDITIONA L FEES IF REQUIRED B Y 31
427+LOCAL LAW OR ORDINAN CE. 32
428+ 10 SENATE BILL 150
457429
458- (b) [In every clerk’s office where land records are not recorded in book form, the]
459-THE clerk shall index every assignment of a mortgage, deed of trust, and release or partial
460-[releases] RELEASE of a MORTGAGE OR deed of trust, whether in long or short form[, in
461-the general alphabetical index, and shall place an entry in the general alphabetical index
462-where the instrument is indexed, on the same horizontal line, indicating the place of record
463-of the original instrument being assigned or released].
464430
465- [(c) The clerk of the circuit court of each county shall date each change or
466-correction made to information in the general alphabetical index on the horizontal line on
467-which the change or correction was made.]
468- WES MOORE, Governor Ch. 66
431+ (e) Each plat shall be signed and sealed by a professional land surveyor or 1
432+property line surveyor licensed in the State. 2
469433
470-– 11 –
471- [(d)] (C) (1) If a court [of equity] decrees a payment of cost or makes some
472-other decree for payment of money by a plaintiff, the clerk immediately shall [enter] INDEX
473-the plaintiff’s name [in a separate index, known as the index of plaintiffs].
434+3–301. 3
474435
475- (2) Until the plaintiff’s name is indexed, no lien under the decree arises
476-against the property of the plaintiff and no right of execution accrues on the decree.
436+ (a) (1) If the person offering a deed or other instrument affecting property for 4
437+record first pays the recording fees, the clerk of the circuit court of each county shall record 5
438+every deed and other instrument affecting property in [well–bound books to be named 6
439+“Land Records”, if that is the practice in the county, or on microfilm, if that is the practice] 7
440+LAND RECORDS AVAILAB LE TO THE PUBLIC . 8
477441
478- [(e)] (D) (1) The clerk shall [include in the] index each property identifier
479-provided on an intake sheet under § 3–104(g) of this title [or, if the space available in the
480-index will not accommodate all of the identifiers, then as many as the space allows, giving
481-priority to identifiers in the order in which they are listed in § 3–104(g)(3)(i) of this title].
442+ (2) The clerk shall endorse on the deed or other instrument the time [he 9
443+receives] OF RECEIPT OF the document for recording and the endorsement shall show in 10
444+the [Land Records] LAND RECORDS . 11
482445
483- (2) The clerk shall rely on the instrument that is accompanied by the
484-intake sheet for indexing of grantor’s and grantee’s names.
446+ (3) Any deed or other instrument affecting property which also affects 12
447+personal property shall be recorded in the same manner in the [Land Records] LAND 13
448+RECORDS only, and not in the [“Financing Records”] FINANCING STATEMENTS . 14
485449
486-3–303.
450+ (b) If an interested party so requests, the [“Financing Records”] FINANCING 15
451+STATEMENTS provided for in § 9–402(9) of the Commercial Law Article shall include a 16
452+notation that the instrument is recorded among the [“Land Records”] LAND RECORDS . 17
453+The instrument also shall be indexed in the general alphabetical index provided in § 3–302 18
454+of this subtitle. The notation and indexing have the same effect as if the instrument were 19
455+recorded in full among the [“Financing Records”] FINANCING STATEMENTS . 20
487456
488- The clerk shall [make a microfilm picture or other copy of every document he records
489-and] transmit [the microfilm pictures or copies] RECORDED DOCUMENTS to the State
490-Archivist [at the end of each year. When requested by the State Archivist, the clerk also
491-shall make a microfilm picture or copy of the general index].
457+ (c) (1) The clerk may not refuse to accept any deed or other document entitled 21
458+to be recorded, solely on the grounds that the deed or document contains a 22
459+strike–through, interlineation, or other corrections. 23
492460
493-3–304.
461+ (2) The clerk may refuse to accept for re–recording, a previously recorded 24
462+deed or document that has been corrected or altered by a strike–through, interlineation, or 25
463+similar corrective measures, and that has not been re–executed, [initialled] INITIALED, or 26
464+otherwise ratified in writing by the party or parties affected by the correction. 27
494465
495- (a) Except as provided in subsection (e) of this section, the clerk shall [fasten
496-securely one copy of] RECORD each plat described under § 3–108 of this title [in a book
497-provided for that purpose or shall record the plat].
466+3–302. 28
498467
499- (b) The clerk promptly shall send one copy of each plat to the supervisor of
500-assessments of the county and one copy, with one half of the filing fee, to the State Archivist,
501-who shall number and file the plat as part of the records of the State Archivist’s office [and
502-shall notify the clerk of the number given].
468+ (a) (1) The clerk of the circuit court of each county shall make and maintain a 29
469+full and complete general alphabetical index of every deed, and other instrument [in a 30
470+well–bound book in his office]. 31
503471
504- (c) The State Archivist shall mail or deliver, free of cost, to any supervisor of
505-assessments of the State, a copy of the plat on request.
472+ (2) The index shall [be]: 32
506473
507- (d) (1) Nothing in this section affects any recording fee of the clerk of the court
508-under any local legislation prescribing recording fees for subdivision plats.
474+ (I) BE both in the name of each grantor, donor, mortgagor, and 33
475+assignor, and each grantee, donee, mortgagee, or assignee[. It shall include]; AND 34 SENATE BILL 150 11
509476
510- (2) The clerk and the State Archivist shall keep accurate memoranda of the
511-filing fees.
512477
513- (e) In Montgomery County, the clerk may record or maintain the plat in electronic
514-form in a manner approved by the State Archivist.
515- Ch. 66 2025 LAWS OF MARYLAND
516478
517-– 12 –
518-3–403.
479+ (II) INCLUDE the book and page of the recordation of every 1
480+instrument designating these names. 2
519481
520- (a) [If] A FILING OFFICER SHALL RECORD a notice of federal lien, a refiling of
521-a notice of federal lien, or a notice of revocation of any certificate described in subsection
522-(b) of this section [is] presented to the filing officer[, he shall cause the notice to be marked,
523-indexed, and recorded in an alphabetical federal lien index, showing on one line the name
524-and residence of the person named in the notice, the U.S. government serial number of the
525-notice, the date and hour of filing, and the amount of the lien with the interest, penalties,
526-and costs. He shall file and keep all original notices so filed in numerical order in a file, or
527-files, and designated federal lien notices].
482+ (3) The clerk shall index every deed or other instrument [retaining a 3
483+vendor’s lien both as a deed and as a vendor’s lien,] in the same manner as mortgages are 4
484+indexed. 5
528485
529- (b) [If] A FILING OFFICER SHALL RECORD a certificate of release,
530-nonattachment, discharge, or subordination of any lien [is] presented to the filing officer
531-[for filing he shall enter the same with date of filing in said federal lien index on the line
532-where notice of the lien so affected is entered, and permanently attach the original
533-certificate of release, nonattachment, discharge or subordination to the original notice of
534-lien].
486+ (b) [In every clerk’s office where land records are not recorded in book form, the] 6
487+THE clerk shall index every assignment of a mortgage, deed of trust, and release or partial 7
488+[releases] RELEASE of a MORTGAGE OR deed of trust, whether in long or short form[, in 8
489+the general alphabetical index, and shall place an entry in the general alphabetical index 9
490+where the instrument is indexed, on the same horizontal line, indicating the place of record 10
491+of the original instrument being assigned or released]. 11
535492
536-3–404.
493+ [(c) The clerk of the circuit court of each county shall date each change or 12
494+correction made to information in the general alphabetical index on the horizontal line on 13
495+which the change or correction was made.] 14
537496
538- The fee for filing and indexing each notice of lien or certificate or notice affecting the
539-lien is $3. [The office shall bill the district directors of internal revenue or other appropriate
540-federal officials on a monthly basis for fees for documents filed by them.]
497+ [(d)] (C) (1) If a court [of equity] decrees a payment of cost or makes some 15
498+other decree for payment of money by a plaintiff, the clerk immediately shall [enter] INDEX 16
499+the plaintiff’s name [in a separate index, known as the index of plaintiffs]. 17
541500
542-7–105.5.
501+ (2) Until the plaintiff’s name is indexed, no lien under the decree arises 18
502+against the property of the plaintiff and no right of execution accrues on the decree. 19
543503
544- (a) In this section, “holder of a subordinate interest” includes any condominium
545-council of unit owners or homeowners association that has filed a request for notice of sale
546-under subsection (c) of this section.
504+ [(e)] (D) (1) The clerk shall [include in the] index each property identifier 20
505+provided on an intake sheet under § 3–104(g) of this title [or, if the space available in the 21
506+index will not accommodate all of the identifiers, then as many as the space allows, giving 22
507+priority to identifiers in the order in which they are listed in § 3–104(g)(3)(i) of this title]. 23
547508
548- (b) The person authorized to make a sale in an action to foreclose a mortgage or
549-deed of trust shall give written notice of any proposed foreclosure sale to the holder of any
550-subordinate mortgage, deed of trust, or other subordinate interest, including a judgment,
551-in accordance with § 7–105.4 of this subtitle and the requirements of Maryland Rule
552-14–210.
509+ (2) The clerk shall rely on the instrument that is accompanied by the 24
510+intake sheet for indexing of grantor’s and grantee’s names. 25
553511
554- (c) (1) The land records office of each county shall maintain a current listing
555-of recorded requests for notice of sale by holders of subordinate mortgages, deeds of trust,
556-or other subordinate interests.
512+3–303. 26
557513
558- (2) The holder of a subordinate mortgage, deed of trust, or other
559-subordinate interest may file a request for notice under this subsection.
514+ The clerk shall [make a microfilm picture or other copy of every document he records 27
515+and] transmit [the microfilm pictures or copies] RECORDED DOCUMENTS to the State 28
516+Archivist [at the end of each year. When requested by the State Archivist, the clerk also 29
517+shall make a microfilm picture or copy of the general index]. 30
560518
561- (3) Each request for notice of sale shall:
562- WES MOORE, Governor Ch. 66
519+3–304. 31
520+ 12 SENATE BILL 150
563521
564-– 13 –
565- (i) Be recorded in a separate [docket or book] PAPER OR
566-ELECTRONIC INDEX which shall be indexed under the name of the holder of the superior
567-mortgage or deed of trust and under the book and page numbers where the superior
568-mortgage or deed of trust is recorded;
569522
570- (ii) Identify the property in which the subordinate interest is held;
523+ (a) Except as provided in subsection (e) of this section, the clerk shall [fasten 1
524+securely one copy of] RECORD each plat described under § 3–108 of this title [in a book 2
525+provided for that purpose or shall record the plat]. 3
571526
572- (iii) State the name and address of the holder of the subordinate
573-interest; and
527+ (b) The clerk promptly shall send one copy of each plat to the supervisor of 4
528+assessments of the county and one copy, with one half of the filing fee, to the State Archivist, 5
529+who shall number and file the plat as part of the records of the State Archivist’s office [and 6
530+shall notify the clerk of the number given]. 7
574531
575- (iv) Identify the superior mortgage or deed of trust by stating:
532+ (c) The State Archivist shall mail or deliver, free of cost, to any supervisor of 8
533+assessments of the State, a copy of the plat on request. 9
576534
577- 1. The names of the original parties to the superior mortgage
578-or deed of trust;
535+ (d) (1) Nothing in this section affects any recording fee of the clerk of the court 10
536+under any local legislation prescribing recording fees for subdivision plats. 11
579537
580- 2. The date the superior mortgage or deed of trust was
581-recorded; and
538+ (2) The clerk and the State Archivist shall keep accurate memoranda of the 12
539+filing fees. 13
582540
583- 3. The office, docket or book, and page where the superior
584-mortgage or deed of trust is recorded.
541+ (e) In Montgomery County, the clerk may record or maintain the plat in electronic 14
542+form in a manner approved by the State Archivist. 15
585543
586- (4) (i) Except as provided in subparagraph (ii) of this paragraph, failure
587-of a holder of a subordinate mortgage, deed of trust, or other subordinate interest to record
588-a request for notice under this subsection does not affect the duty of a holder of a superior
589-interest to provide notice as required under this section.
544+3–403. 16
590545
591- (ii) A holder of a superior interest does not have a duty to provide
592-notice to a condominium council of unit owners or homeowners association that has not
593-filed a request for notice under this subsection.
546+ (a) [If] A FILING OFFICER SHALL RECORD a notice of federal lien, a refiling of 17
547+a notice of federal lien, or a notice of revocation of any certificate described in subsection 18
548+(b) of this section [is] presented to the filing officer[, he shall cause the notice to be marked, 19
549+indexed, and recorded in an alphabetical federal lien index, showing on one line the name 20
550+and residence of the person named in the notice, the U.S. government serial number of the 21
551+notice, the date and hour of filing, and the amount of the lien with the interest, penalties, 22
552+and costs. He shall file and keep all original notices so filed in numerical order in a file, or 23
553+files, and designated federal lien notices]. 24
594554
595-8–402.2.
555+ (b) [If] A FILING OFFICER SHALL RECORD a certificate of release, 25
556+nonattachment, discharge, or subordination of any lien [is] presented to the filing officer 26
557+[for filing he shall enter the same with date of filing in said federal lien index on the line 27
558+where notice of the lien so affected is entered, and permanently attach the original 28
559+certificate of release, nonattachment, discharge or subordination to the original notice of 29
560+lien]. 30
596561
597- (a) (1) This section applies to property:
562+3–404. 31
598563
599- (i) Leased for business, commercial, manufacturing, mercantile, or
600-industrial purposes, or any other purpose that is not primarily residential;
564+ The fee for filing and indexing each notice of lien or certificate or notice affecting the 32
565+lien is $3. [The office shall bill the district directors of internal revenue or other appropriate 33
566+federal officials on a monthly basis for fees for documents filed by them.] 34
601567
602- (ii) Improved or to be improved by any apartment, condominium,
603-cooperative, or other building for multifamily use of greater than four dwelling units; or
568+7–105.5. 35 SENATE BILL 150 13
604569
605- (iii) Leased for dwellings or mobile homes that are erected or placed
606-in a mobile home development or mobile home park.
607570
608- (2) This section does not apply to residential property that is or was used,
609-intended to be used, or authorized to be used for four or fewer dwelling units.
610- Ch. 66 2025 LAWS OF MARYLAND
611571
612-– 14 –
613- (b) (1) Whenever, in a case that involves a 99–year ground lease renewable
614-forever, at least 6 months ground rent is in arrears and the landlord has the lawful right
615-to reenter for the nonpayment of the rent, the landlord, no less than 45 days after sending
616-to the tenant by certified mail, return receipt requested, at the tenant’s last known address,
617-and also by first–class mail to the title agent or attorney listed on the deed to the property
618-or the intake sheet recorded with the deed, a bill for the ground rent due, may bring an
619-action for possession of the property under § 14–108.1 of this article[; if].
572+ (a) In this section, “holder of a subordinate interest” includes any condominium 1
573+council of unit owners or homeowners association that has filed a request for notice of sale 2
574+under subsection (c) of this section. 3
620575
621- (2) (I) IF the tenant cannot be personally served IN ACCORDANCE
622-WITH PARAGRAPH (1) OF THIS SUBSECTION , or there is no tenant in actual possession
623-of the property, service by posting notice on the property may be made in accordance with
624-the Maryland Rules.
576+ (b) The person authorized to make a sale in an action to foreclose a mortgage or 4
577+deed of trust shall give written notice of any proposed foreclosure sale to the holder of any 5
578+subordinate mortgage, deed of trust, or other subordinate interest, including a judgment, 6
579+in accordance with § 7–105.4 of this subtitle and the requirements of Maryland Rule 7
580+14–210. 8
625581
626- (II) Personal service or posting in accordance with the Maryland
627-Rules shall stand in the place of a demand and reentry.
582+ (c) (1) The land records office of each county shall maintain a current listing 9
583+of recorded requests for notice of sale by holders of subordinate mortgages, deeds of trust, 10
584+or other subordinate interests. 11
628585
629- (c) (1) Before entry of a judgment the landlord shall give written notice of the
630-pending entry of judgment to each mortgagee of the lease, or any part of the lease, who
631-before entry of the judgment has recorded in the land records of each county where the
632-property is located a timely request for notice of judgment.
586+ (2) The holder of a subordinate mortgage, deed of trust, or other 12
587+subordinate interest may file a request for notice under this subsection. 13
633588
634- (2) A request for notice of judgment DESCRIBED UNDER PARA GRAPH (1)
635-OF THIS SUBSECTION shall:
589+ (3) Each request for notice of sale shall: 14
636590
637- (i) Be recorded in a separate [docket or book] PAPER OR
638-ELECTRONIC INDEX that is indexed under the name of the mortgagor;
591+ (i) Be recorded in a separate [docket or book] PAPER OR 15
592+ELECTRONIC INDEX which shall be indexed under the name of the holder of the superior 16
593+mortgage or deed of trust and under the book and page numbers where the superior 17
594+mortgage or deed of trust is recorded; 18
639595
640- (ii) Identify the property on which the mortgage is held and refer to
641-the date and recording reference of that mortgage;
596+ (ii) Identify the property in which the subordinate interest is held; 19
642597
643- (iii) State the name and address of the holder of the mortgage; and
598+ (iii) State the name and address of the holder of the subordinate 20
599+interest; and 21
644600
645- (iv) Identify the ground lease by stating:
601+ (iv) Identify the superior mortgage or deed of trust by stating: 22
646602
647- 1. The name of the original lessor;
603+ 1. The names of the original parties to the superior mortgage 23
604+or deed of trust; 24
648605
649- 2. The date the ground lease was recorded; and
606+ 2. The date the superior mortgage or deed of trust was 25
607+recorded; and 26
650608
651- 3. The office, docket or book, and page where the ground
652-lease is recorded.
609+ 3. The office, docket or book, and page where the superior 27
610+mortgage or deed of trust is recorded. 28
653611
654- [(2)] (3) (I) The landlord shall mail the notice by certified mail return
655-receipt requested to the mortgagee at the address stated in the recorded request for notice
656-of judgment.
657- WES MOORE, Governor Ch. 66
612+ (4) (i) Except as provided in subparagraph (ii) of this paragraph, failure 29
613+of a holder of a subordinate mortgage, deed of trust, or other subordinate interest to record 30
614+a request for notice under this subsection does not affect the duty of a holder of a superior 31
615+interest to provide notice as required under this section. 32
616+ 14 SENATE BILL 150
658617
659-– 15 –
660- (II) If the notice is not given, judgment in favor of the landlord does
661-not impair the lien of the mortgagee.
662618
663- (III) Except as otherwise provided in this subsection, the property is
664-discharged from the lease and the rights of all persons claiming under the lease are
665-foreclosed unless, within 6 calendar months after execution of the judgment for possession,
666-the tenant or any other person claiming under the lease:
619+ (ii) A holder of a superior interest does not have a duty to provide 1
620+notice to a condominium council of unit owners or homeowners association that has not 2
621+filed a request for notice under this subsection. 3
667622
668- [(i)] 1. Pays the ground rent, arrears, and all costs awarded
669-against that person; and
623+8–402.2. 4
670624
671- [(ii)] 2. Commences a proceeding to obtain relief from the
672-judgment.
625+ (a) (1) This section applies to property: 5
673626
674- (d) This section does not bar the right of any mortgagee of the lease, or any part
675-of the lease, who is not in possession at any time before expiration of 6 calendar months
676-after execution of the judgment awarding the landlord possession, to pay all costs and
677-damages sustained by the landlord and to perform all the covenants and agreements that
678-are to be performed by the tenant.
627+ (i) Leased for business, commercial, manufacturing, mercantile, or 6
628+industrial purposes, or any other purpose that is not primarily residential; 7
679629
680- SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect
681-October 1, 2025.
630+ (ii) Improved or to be improved by any apartment, condominium, 8
631+cooperative, or other building for multifamily use of greater than four dwelling units; or 9
682632
683-Approved by the Governor, April 8, 2025.
633+ (iii) Leased for dwellings or mobile homes that are erected or placed 10
634+in a mobile home development or mobile home park. 11
635+
636+ (2) This section does not apply to residential property that is or was used, 12
637+intended to be used, or authorized to be used for four or fewer dwelling units. 13
638+
639+ (b) (1) Whenever, in a case that involves a 99–year ground lease renewable 14
640+forever, at least 6 months ground rent is in arrears and the landlord has the lawful right 15
641+to reenter for the nonpayment of the rent, the landlord, no less than 45 days after sending 16
642+to the tenant by certified mail, return receipt requested, at the tenant’s last known address, 17
643+and also by first–class mail to the title agent or attorney listed on the deed to the property 18
644+or the intake sheet recorded with the deed, a bill for the ground rent due, may bring an 19
645+action for possession of the property under § 14–108.1 of this article[; if]. 20
646+
647+ (2) (I) IF the tenant cannot be personally served IN ACCORDANCE 21
648+WITH PARAGRAPH (1) OF THIS SUBSECTION , or there is no tenant in actual possession 22
649+of the property, service by posting notice on the property may be made in accordance with 23
650+the Maryland Rules. 24
651+
652+ (II) Personal service or posting in accordance with the Maryland 25
653+Rules shall stand in the place of a demand and reentry. 26
654+
655+ (c) (1) Before entry of a judgment the landlord shall give written notice of the 27
656+pending entry of judgment to each mortgagee of the lease, or any part of the lease, who 28
657+before entry of the judgment has recorded in the land records of each county where the 29
658+property is located a timely request for notice of judgment. 30
659+
660+ (2) A request for notice of judgment DESCRIBED UNDER PARA GRAPH (1) 31
661+OF THIS SUBSECTION shall: 32
662+
663+ (i) Be recorded in a separate [docket or book] PAPER OR 33
664+ELECTRONIC INDEX that is indexed under the name of the mortgagor; 34 SENATE BILL 150 15
665+
666+
667+
668+ (ii) Identify the property on which the mortgage is held and refer to 1
669+the date and recording reference of that mortgage; 2
670+
671+ (iii) State the name and address of the holder of the mortgage; and 3
672+
673+ (iv) Identify the ground lease by stating: 4
674+
675+ 1. The name of the original lessor; 5
676+
677+ 2. The date the ground lease was recorded; and 6
678+
679+ 3. The office, docket or book, and page where the ground 7
680+lease is recorded. 8
681+
682+ [(2)] (3) (I) The landlord shall mail the notice by certified mail return 9
683+receipt requested to the mortgagee at the address stated in the recorded request for notice 10
684+of judgment. 11
685+
686+ (II) If the notice is not given, judgment in favor of the landlord does 12
687+not impair the lien of the mortgagee. 13
688+
689+ (III) Except as otherwise provided in this subsection, the property is 14
690+discharged from the lease and the rights of all persons claiming under the lease are 15
691+foreclosed unless, within 6 calendar months after execution of the judgment for possession, 16
692+the tenant or any other person claiming under the lease: 17
693+
694+ [(i)] 1. Pays the ground rent, arrears, and all costs awarded 18
695+against that person; and 19
696+
697+ [(ii)] 2. Commences a proceeding to obtain relief from the 20
698+judgment. 21
699+
700+ (d) This section does not bar the right of any mortgagee of the lease, or any part 22
701+of the lease, who is not in possession at any time before expiration of 6 calendar months 23
702+after execution of the judgment awarding the landlord possession, to pay all costs and 24
703+damages sustained by the landlord and to perform all the covenants and agreements that 25
704+are to be performed by the tenant. 26
705+
706+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
707+October 1, 2025. 28