Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 66 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 66 | |
5 | - | (Senate Bill 150) | |
6 | 2 | ||
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* | |
8 | 10 | ||
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 | |
10 | 16 | ||
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: | |
14 | 18 | ||
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. | |
21 | 23 | ||
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 | |
27 | 25 | ||
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. | |
30 | 27 | ||
31 | - | Article – Real Property | |
28 | + | ______________________________________________ | |
29 | + | President. | |
32 | 30 | ||
33 | - | ||
31 | + | CHAPTER ______ | |
34 | 32 | ||
35 | - | (a) In this article the following words have the meanings indicated unless | |
36 | - | otherwise apparent from context. | |
33 | + | AN ACT concerning 1 | |
37 | 34 | ||
38 | - | ||
35 | + | Real Property – Recordation and Land Records – Requirements 2 | |
39 | 36 | ||
40 | - | ||
41 | - | and | |
42 | - | ||
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 | |
43 | 40 | ||
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 | |
46 | 47 | ||
47 | - | ||
48 | - | ||
48 | + | BY repealing and reenacting, without amendments, 12 | |
49 | + | Article – Real Property 13 2 SENATE BILL 150 | |
49 | 50 | ||
50 | - | – 2 – | |
51 | 51 | ||
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 | |
53 | 55 | ||
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 | |
55 | 58 | ||
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 | |
58 | 60 | ||
59 | - | ||
61 | + | 1–101. 7 | |
60 | 62 | ||
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 | |
64 | 65 | ||
65 | - | [(i)] (J) “Mortgage” means any mortgage, including a deed in the nature of | |
66 | - | mortgage. | |
66 | + | (b) “County” includes Baltimore City. 10 | |
67 | 67 | ||
68 | - | ||
69 | - | ||
70 | - | ||
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 | |
71 | 71 | ||
72 | - | ||
73 | - | ||
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 | |
74 | 74 | ||
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 | |
76 | 77 | ||
77 | - | ||
78 | + | (e) “Grant” includes conveyance, assignment, and transfer. 18 | |
78 | 79 | ||
79 | - | ||
80 | + | (f) “Land” [has the same meaning as “property”] MEANS PROPERTY . 19 | |
80 | 81 | ||
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 | |
82 | 84 | ||
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 | |
85 | 86 | ||
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 | |
88 | 90 | ||
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 | |
90 | 93 | ||
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 | |
93 | 98 | ||
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 | |
96 | 99 | ||
97 | - | – 3 – | |
100 | + | [(k)] (L) “Property” means real property or any interest [therein or appurtenant 1 | |
101 | + | thereto] IN REAL PROPERTY . 2 | |
98 | 102 | ||
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 | |
105 | 104 | ||
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 | |
108 | 106 | ||
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 | |
112 | 108 | ||
113 | - | (e) (1) (I) Any printed deed or other instrument offered for recordation | |
114 | - | shall [be]: | |
109 | + | 3–104. 6 | |
115 | 110 | ||
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 | |
132 | 113 | ||
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 | |
136 | 116 | ||
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 | |
142 | 118 | ||
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 | |
144 | 121 | ||
145 | - | (III) | |
146 | - | ||
122 | + | (iii) Accompanied by a copy of the instrument, and any survey, for 14 | |
123 | + | submission to the Department of Assessments and Taxation. 15 | |
147 | 124 | ||
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 | |
149 | 131 | ||
150 | - | ( | |
151 | - | ||
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 | |
152 | 134 | ||
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 | |
157 | 138 | ||
158 | - | ( | |
159 | - | be | |
139 | + | (e) (1) (I) Any printed deed or other instrument offered for recordation 27 | |
140 | + | shall [be]: 28 | |
160 | 141 | ||
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 | |
165 | 145 | ||
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.] | |
173 | 146 | ||
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 | |
178 | 160 | ||
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 | |
184 | 164 | ||
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 | |
189 | 170 | ||
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 | |
191 | 173 | ||
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 | |
198 | 175 | ||
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 | |
205 | 178 | ||
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 | |
209 | 183 | ||
210 | - | | |
211 | - | trust | |
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 | |
212 | 186 | ||
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 | |
216 | 192 | ||
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 | |
220 | 193 | ||
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 | |
224 | 201 | ||
225 | - | [( | |
226 | - | ||
227 | - | ||
228 | - | ||
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 | |
229 | 206 | ||
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 | |
236 | 212 | ||
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 | |
247 | 217 | ||
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 | |
250 | 224 | ||
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 | |
262 | 231 | ||
263 | - | (II) The | |
264 | - | the same effect as a | |
265 | - | ||
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 | |
266 | 235 | ||
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 | |
273 | 239 | ||
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. | |
278 | 240 | ||
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 | |
280 | 244 | ||
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 | |
283 | 248 | ||
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 | |
288 | 252 | ||
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 | |
290 | 257 | ||
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 | |
293 | 263 | ||
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 | |
297 | 273 | ||
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 | |
302 | 276 | ||
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 | |
310 | 286 | ||
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. | |
317 | 287 | ||
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 | |
319 | 290 | ||
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 | |
324 | 294 | ||
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 | |
326 | 301 | ||
327 | - | ( | |
328 | - | ||
329 | - | ||
330 | - | ||
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 | |
331 | 306 | ||
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 | |
335 | 308 | ||
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 | |
341 | 310 | ||
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 | |
344 | 314 | ||
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 | |
348 | 316 | ||
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 | |
355 | 319 | ||
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 | |
358 | 323 | ||
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 | |
361 | 328 | ||
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 | |
365 | 334 | ||
366 | - | (6) All courses shown on the plat shall be calculated from the plat meridian. | |
367 | 335 | ||
368 | - | ||
369 | - | ||
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 | |
370 | 338 | ||
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 | |
374 | 345 | ||
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 | |
378 | 347 | ||
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 | |
380 | 352 | ||
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 | |
384 | 354 | ||
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 | |
389 | 358 | ||
390 | - | ( | |
391 | - | ||
359 | + | (2) [The provisions of this] THIS section [do] DOES not apply in Queen 18 | |
360 | + | Anne’s County. 19 | |
392 | 361 | ||
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 | |
395 | 367 | ||
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 | |
399 | 370 | ||
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 | |
402 | 374 | ||
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 | |
405 | 382 | ||
406 | - | 3–301. | |
407 | 383 | ||
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 | |
413 | 386 | ||
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 | |
417 | 389 | ||
418 | - | ( | |
419 | - | ||
420 | - | ||
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 | |
421 | 393 | ||
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 | |
425 | 395 | ||
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 | |
430 | 398 | ||
431 | - | ( | |
432 | - | ||
433 | - | ||
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 | |
434 | 402 | ||
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 | |
439 | 406 | ||
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 | |
441 | 410 | ||
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 | |
445 | 415 | ||
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 | |
447 | 418 | ||
448 | - | (I) | |
449 | - | ||
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 | |
450 | 421 | ||
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 | |
453 | 425 | ||
454 | - | ( | |
455 | - | ||
456 | - | ||
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 | |
457 | 429 | ||
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]. | |
464 | 430 | ||
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 | |
469 | 433 | ||
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 | |
474 | 435 | ||
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 | |
477 | 441 | ||
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 | |
482 | 445 | ||
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 | |
485 | 449 | ||
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 | |
487 | 456 | ||
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 | |
492 | 460 | ||
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 | |
494 | 465 | ||
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 | |
498 | 467 | ||
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 | |
503 | 471 | ||
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 | |
506 | 473 | ||
507 | - | ( | |
508 | - | ||
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 | |
509 | 476 | ||
510 | - | (2) The clerk and the State Archivist shall keep accurate memoranda of the | |
511 | - | filing fees. | |
512 | 477 | ||
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 | |
516 | 478 | ||
517 | - | ||
518 | - | ||
479 | + | (II) INCLUDE the book and page of the recordation of every 1 | |
480 | + | instrument designating these names. 2 | |
519 | 481 | ||
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 | |
528 | 485 | ||
529 | - | (b) [ | |
530 | - | ||
531 | - | [ | |
532 | - | ||
533 | - | ||
534 | - | ||
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 | |
535 | 492 | ||
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 | |
537 | 496 | ||
538 | - | | |
539 | - | ||
540 | - | ||
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 | |
541 | 500 | ||
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 | |
543 | 503 | ||
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 | |
547 | 508 | ||
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 | |
553 | 511 | ||
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 | |
557 | 513 | ||
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 | |
560 | 518 | ||
561 | - | ||
562 | - | | |
519 | + | 3–304. 31 | |
520 | + | 12 SENATE BILL 150 | |
563 | 521 | ||
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; | |
569 | 522 | ||
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 | |
571 | 526 | ||
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 | |
574 | 531 | ||
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 | |
576 | 534 | ||
577 | - | 1 | |
578 | - | ||
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 | |
579 | 537 | ||
580 | - | 2 | |
581 | - | ||
538 | + | (2) The clerk and the State Archivist shall keep accurate memoranda of the 12 | |
539 | + | filing fees. 13 | |
582 | 540 | ||
583 | - | | |
584 | - | ||
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 | |
585 | 543 | ||
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 | |
590 | 545 | ||
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 | |
594 | 554 | ||
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 | |
596 | 561 | ||
597 | - | ||
562 | + | 3–404. 31 | |
598 | 563 | ||
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 | |
601 | 567 | ||
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 | |
604 | 569 | ||
605 | - | (iii) Leased for dwellings or mobile homes that are erected or placed | |
606 | - | in a mobile home development or mobile home park. | |
607 | 570 | ||
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 | |
611 | 571 | ||
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 | |
620 | 575 | ||
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 | |
625 | 581 | ||
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 | |
628 | 585 | ||
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 | |
633 | 588 | ||
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 | |
636 | 590 | ||
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 | |
639 | 595 | ||
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 | |
642 | 597 | ||
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 | |
644 | 600 | ||
645 | - | (iv) Identify the | |
601 | + | (iv) Identify the superior mortgage or deed of trust by stating: 22 | |
646 | 602 | ||
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 | |
648 | 605 | ||
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 | |
650 | 608 | ||
651 | - | 3. The office, docket or book, and page where the | |
652 | - | ||
609 | + | 3. The office, docket or book, and page where the superior 27 | |
610 | + | mortgage or deed of trust is recorded. 28 | |
653 | 611 | ||
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 | |
658 | 617 | ||
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. | |
662 | 618 | ||
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 | |
667 | 622 | ||
668 | - | [(i)] 1. Pays the ground rent, arrears, and all costs awarded | |
669 | - | against that person; and | |
623 | + | 8–402.2. 4 | |
670 | 624 | ||
671 | - | [(ii)] 2. Commences a proceeding to obtain relief from the | |
672 | - | judgment. | |
625 | + | (a) (1) This section applies to property: 5 | |
673 | 626 | ||
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 | |
679 | 629 | ||
680 | - | | |
681 | - | ||
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 | |
682 | 632 | ||
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 |