WES MOORE, Governor Ch. 66
– 1 –
Chapter 66
(Senate Bill 150)
AN ACT concerning
Real Property – Recordation and Land Records – Requirements
FOR the purpose of altering certain provisions relating to the filing, maintenance, and
transmittal of land records; and generally relating to the recordation of instruments
affecting real property and land records.
BY repealing and reenacting, with amendments,
Article – Real Property
Section 1–101, 3–104(a), (d), and (e)(1), 3–105, 3–106, 3–108(a) through (d), 3–301
through 3–304, 3–403, 3–404, 7–105.5(c), and 8–402.2
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)
BY repealing and reenacting, without amendments,
Article – Real Property
Section 3–108(e) and 7–105.5(a) and (b)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Real Property
1–101.
(a) In this article the following words have the meanings indicated unless
otherwise apparent from context.
(b) “County” includes Baltimore City.
(c) “Deed” includes any deed, grant, mortgage, deed of trust, lease, assignment,
and release, pertaining to land or property or any interest therein or appurtenant thereto,
including an interest in rents and profits from rents.
(d) (1) “Deed of trust” means [only] a deed of trust [which] THAT secures a
debt or the performance of an obligation[, and].
(2) “DEED OF TRUST ” does not include a voluntary grant unrelated to
security purposes. Ch. 66 2025 LAWS OF MARYLAND
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(e) “Grant” includes conveyance, assignment, and transfer.
(f) “Land” [has the same meaning as “property”] MEANS PROPERTY .
(G) “LAND RECORD ” MEANS ANY DOCUMENT R ECORDED BY A CLERK O F
THE CIRCUIT COURT AFFECTING THE TITLE RELATING TO PROPERTY .
[(g)] (H) “Landlord” means any landlord, including a [“lessor”] LESSOR.
[(h)] (I) “Lease” means any oral or written agreement, express or implied,
creating a landlord and tenant relationship, including any [“sublease”] SUBLEASE and any
further sublease.
[(i)] (J) “Mortgage” means any mortgage, including a deed in the nature of
mortgage.
[(j)] (K) “Person” includes an individual, A receiver, A trustee, A guardian, AN
executor, AN administrator, A fiduciary, or A representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
[(k)] (L) “Property” means real property or any interest [therein or appurtenant
thereto] IN REAL PROPERTY .
[(l)] (M) “Purchaser” [has the same meaning as] MEANS A buyer or vendee.
[(m)] (N) “Tenant” means any tenant including a [“lessee”] LESSEE.
[(n)] (O) “Vendor” [has the same meaning as] MEANS A seller.
3–104.
(a) (1) The [Clerk of the Circuit Court] CLERK OF THE CIRCUIT COURT may
record an instrument that effects a change of ownership if the instrument is:
(i) Endorsed with the certificate of the collector of taxes of the
county in which the property is assessed, required under subsection (b) of this section;
(ii) 1. Accompanied by a complete intake sheet; or
2. Endorsed by the assessment office for the county as
provided in subsection (g)(8) of this section; and
(iii) Accompanied by a copy of the instrument, and any survey, for
submission to the Department of Assessments and Taxation. WES MOORE, Governor Ch. 66
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(2) The Supervisor of Assessments shall transfer ownership of property in
the assessment records, effective as of the date of recordation, [upon] ON receipt from the
[Clerk of the Circuit Court] CLERK OF THE CIRCUIT COURT of a copy of the instrument,
the completed intake sheet, and any survey submitted under paragraph (1) of this
subsection OR DOCUMENTS RECEIVE D THROUGH AN ELECTRO NIC RECORDATION
SYSTEM.
(d) (1) Every deed or other instrument offered for recordation shall have the
name of each person typed or printed directly above or below the signature of the person.
(2) If a typed or printed name is not provided as required in this subsection,
the clerk shall make reasonable efforts to determine the correct name under which the deed
or other instrument shall be indexed.
(e) (1) (I) Any printed deed or other instrument offered for recordation
shall [be]:
1. BE printed in not less than [eight–point] 10 8 POINT type
and in black letters and be on white paper of sufficient weight and thickness to be clearly
readable. If the deed or other instrument is wholly typewritten or typewritten on a printed
form, the typewriting shall be in black letters, in not less than elite type and [upon] ON
white paper of sufficient weight or thickness as to be clearly readable. The foregoing
provisions do not apply to manuscript covers or backs customarily used on documents
offered for recordation. The recording charge for any instrument not conforming to these
requirements shall be [treble] THREE TIMES the normal [charge] AMOUNT CHARGED . In
any clerk’s office where the deeds or other instruments are [photostated or microfilmed]
SCANNED, no instrument on which a rider has been placed or attached in a manner
obscuring, hiding, or covering any other part of the instrument may be offered or received
for record. No instrument not otherwise readily subject to [photostating or microfilming]
SCANNING may be offered or received for record until [treble] THREE TIMES the normal
recording charge is paid to the clerk and unless an affidavit, black type on white paper, is
attached and made a part of the document stating the kind of instrument, the date, the
parties to the transaction, description of the property, and all other pertinent data; AND
2. INCLUDE AT LEAST A 3–INCH MARGIN AT THE T OP OF
THE FIRST PAGE AND 1–INCH MARGINS ON ALL REMAINING THE LEFT AND RIGHT
SIDES OF EACH PAGE O F THE INSTRUMENT FOR OFFICIAL USE.
(II) A CLERK MAY REFUSE TO RECORD AN INSTRUM ENT THAT
DOES NOT MEET THE RE QUIREMENTS OF SUBPAR AGRAPH (I) OF THIS PARAGRAPH
MAY NOT BE HELD LIAB LE FOR FAILURE OF A DOCUMENT THAT DOES N OT MEET THE
REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH TO BE EFFECTIVELY
SCANNED OR PRESE RVED FOR RECORD . Ch. 66 2025 LAWS OF MARYLAND
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(III) After any document has been recorded in one county, a certified
copy of the recorded document may be recorded in any other county.
3–105.
(a) A mortgage or deed of trust may be released validly by any procedure
enumerated in this section or § 3–105.2 of this subtitle.
(b) (1) A release may be endorsed on the original mortgage or deed of trust by
the mortgagee or [his] AN assignee OF THE MORTGAGEE , the trustee or [his] A successor
OF THE TRUSTEE under a deed of trust, or by the holder of the debt or obligation secured
by the deed of trust.
(2) The mortgage or the deed of trust, with the endorsed release, then shall
be filed in the office in which the mortgage or deed of trust is recorded.
(3) The clerk shall record the release [photographically], with an
attachment or rider affixed to it containing the names of the parties as they appear on the
original mortgage or deed of trust, together with a reference to the book and page number
where the mortgage or deed of trust is recorded.
[(c) At the option of the clerk of the court in whose office the book form of recording
is used, the release may be written by the mortgagee, or his assignee, or the trustee, or his
successor under a deed of trust, on the record in the office where the mortgage or deed of
trust is recorded and attested by the clerk of the court. At the time of recording any
mortgage or deed of trust, the clerk of the court in whose office the book form of recording
is used shall leave a blank space at the foot of the mortgage or deed of trust for the purpose
of entering such release.]
[(d)] (C) (1) (I) When the debt secured by a deed of trust is paid fully or
satisfied, and any bond, note, or other evidence of the total indebtedness is marked “paid”
or “canceled” by the holder or [his] AN agent OF THE HOLDER , it may be received by the
clerk and indexed and recorded as any other instrument in the nature of a release.
(II) The marked note has the same effect as a release of the property
for which it is the security, as if a release were executed by the named trustees, if there is
attached to or endorsed on the note an affidavit of the holder, the party making satisfaction,
or an agent of either of them, that it has been paid or satisfied, and specifically setting forth
the land record reference where the original deed of trust is recorded.
(2) (I) When the debt secured by a mortgage is paid fully or satisfied,
and the original mortgage is marked “paid” or “canceled” by the mortgagee or [his] AN
agent OF THE MORTGAGEE , it may be received by the clerk and indexed and recorded as
any other instrument in the nature of a release. WES MOORE, Governor Ch. 66
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(II) The marked mortgage has the same effect as a release of the
property for which it is the security, as if a release were executed by the mortgagee, if there
is attached to or endorsed on the mortgage an affidavit of the mortgagee, the mortgagor,
the party making satisfaction, or the agent of [any of them] THE MORTGAGEE , THE
MORTGAGOR , OR THE PARTY MAKING SATISFACTION , that it has been paid or satisfied,
and specifically setting forth the land record reference where the mortgage is recorded.
(3) (I) When the debt secured by a mortgage or deed of trust is paid fully
or satisfied, and the canceled check evidencing final payment or, if the canceled check is
unavailable, a copy of the canceled check accompanied by a certificate from the institution
on which the check was drawn stating that the copy is a true and genuine image of the
original check is presented, it may be received by the clerk and indexed and recorded as
any other instrument in the nature of a release.
(II) The canceled check or copy accompanied by the certificate has
the same effect as a release of the property for which the mortgage or deed of trust is the
security, as if a release were executed by the mortgagee or named trustees, if:
[(i)] 1. The party making satisfaction of the mortgage or deed of
trust has:
[1.] A. Allowed at least a 60–day waiting period, from the
date the mortgage or deed of trust is paid fully or is satisfied, for the party satisfied to
provide a release suitable for recording;
[2.] B. Sent the party satisfied a copy of this section and a
notice that, unless a release is provided within 30 days, the party making satisfaction will
obtain a release by utilizing the provisions of this paragraph; and
[3.] C. Following the mailing of the notice required under
item 2 of this item, allowed an additional waiting period of at least 30 days for the party
satisfied to provide a release suitable for recording; [and]
[(ii)] 2. The canceled check or copy accompanied by the certificate
contains the name of the party whose debt is being satisfied, the debt account number, if
any, and words indicating that the check is intended as payment in full of the debt being
satisfied; and
[(iii)] 3. There is attached to the canceled check or copy
accompanied by the certificate an affidavit made by a member of the Maryland Bar that
the mortgage or deed of trust has been satisfied, that the notice required under item [(i)] 1
of this [paragraph] SUBPARAGRAPH has been sent, and specifically setting forth the land
record reference where the original mortgage or deed of trust is recorded.
Ch. 66 2025 LAWS OF MARYLAND
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(4) (I) When the debt secured by a mortgage or deed of trust is fully paid
or satisfied and the holder or the agent of the holder of the mortgage or deed of trust note
or other obligation secured by the deed of trust, or the trustee or successor trustee under
the deed of trust, executes and acknowledges a certificate of satisfaction substantially in
the form specified under § 4–203(d) of this article, containing the name of the debtor, holder,
the authorized agent of the holder, or the trustee or successor trustee under the deed of
trust, the date, and the land record recording reference of the instrument to be released, it
may be received by the clerk and indexed and recorded as any other instrument in the
nature of a release.
(II) The certificate of satisfaction shall have the same effect as a
release executed by the holder of a mortgage or the named trustee under a deed of trust.
(5) (I) When the holder of a mortgage or deed of trust note or other
obligation secured by the deed of trust has agreed to release certain property from the lien
of the mortgage or deed of trust and the holder or the agent of the holder of the mortgage
or deed of trust note or other obligation secured by the deed of trust, or the trustee or
successor trustee under the deed of trust executes and acknowledges a certificate of partial
satisfaction or partial release substantially in the form specified under § 4–203(e) of this
article, containing the name of the debtor, holder, the authorized agent of the holder, or the
trustee or successor trustee under the deed of trust, the date, the land record recording
reference of the instrument to be partially released, and a description of the real property
being released, it may be received by the clerk and indexed and recorded as any other
instrument in the nature of a partial release.
(II) The certificate of partial satisfaction or partial release shall have
the same effect as a partial release executed by the holder of a mortgage, the holder of the
debt secured by a deed of trust, or the named trustee under a deed of trust.
[(e)] (D) A release of a mortgage or deed of trust may be made on a separate
instrument if it states that the mortgagee, holder of the debt or obligation secured by the
deed of trust, trustee, or assignee releases the mortgage or deed of trust and states the
names of the parties to the mortgage or deed of trust and the date and recording reference
of the mortgage or deed of trust to be released. In addition, any form of release that satisfies
the requirements of a deed and is recorded as required by this article is sufficient.
[(f)] (E) (1) A holder of a debt secured by a mortgage or deed of trust, or a
successor of a holder, may release part of the collateral securing the mortgage or deed of
trust by executing and acknowledging a partial release on an instrument separate from the
mortgage or deed of trust.
(2) A partial release shall:
(i) Be executed and acknowledged;
WES MOORE, Governor Ch. 66
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(ii) Contain the names of the parties to the mortgage or deed of trust,
the date, and the land record recording reference of the instrument subject to the partial
release; and
(iii) Otherwise satisfy the requirements of a valid deed.
(3) The clerk of the court shall accept, index, and record, as a partial
release, an instrument that complies with and is filed under this section.
(4) Unless otherwise stated in an instrument recorded among the land
records, a trustee under a deed of trust may execute, acknowledge, and deliver partial
releases.
[(g)] (F) If a full or partial release of a mortgage or deed of trust is recorded
[other than at the foot of the recorded mortgage or deed of trust], the clerk shall place a
reference to the book and page number or other place where the release is recorded on the
recorded mortgage or deed of trust.
[(h)] (G) Unless otherwise expressly provided in the release, a full or partial
release that is recorded for a mortgage or deed of trust that is re–recorded, amended,
modified, or otherwise altered or affected by a supplemental instrument and which cites
the released mortgage or deed of trust by reference to only the original recorded mortgage,
deed of trust, or supplemental instrument to the original mortgage or deed of trust, shall
be effective as a full or partial release of the original mortgage or deed of trust and all
supplemental instruments to the original mortgage or deed of trust.
[(i)] (H) Unless otherwise expressly provided in the release, a full or partial
release that is recorded for a mortgage or deed of trust, or for any re–recording, amendment,
modification, or supplemental instrument to the mortgage or deed of trust shall terminate
or partially release any related financing statements, but only to the extent that the
financing statements describe fixtures that are part of the collateral described in the full
or partial release.
3–106.
The clerk of the CIRCUIT court shall record [photographically] any assignment of a
mortgage with an attachment or rider affixed to it containing the names of the parties as
they appear on the original mortgage and a reference to the book number and page number
where the mortgage is recorded.
3–108.
(a) (1) Except as provided in paragraph (2) of this subsection, the provisions of
this section are in addition to any other provisions of the Code, pertaining to recordation of
subdivision plats.
Ch. 66 2025 LAWS OF MARYLAND
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(2) [The provisions of this] THIS section [do] DOES not apply in Queen
Anne’s County.
(b) (1) If the owner of land in the State subdivides [his] THE land for
commercial, industrial, or residential use to be comprised of streets, avenues, lanes, or
alleys and lots, and desires, for the purpose of description and identification, to record a
plat of the subdivision among the land records of the county where the land lies, the clerk
of the court shall accept and record the plat as prescribed in this section.
(2) The clerk may not accept the plat for record until the owner of land
complies with the requirements prescribed in this section.
(c) (1) In this subsection, “coordinate” means a number which determines the
position of any point in a north or south and an east or west direction in relation to any
other point in the same coordinate system.
(2) The plat shall be legible, drawn accurately and to scale and shall be
submitted for recordation using black ink on transparent mylar[, or linen] or black–line
photo process comparable to original quality that will conform to archival standards. [The
State Highway Administration may substitute microfilm aperture cards showing property
or rights–of–way to be acquired or granted. Microfilm aperture cards must meet archival
standards for permanent records.]
(3) The plat shall contain the courses and distances of all lines drawn on
the plat.
(4) With respect to all curved lines, the plat shall show the length of all
radii, arcs, and tangents and the courses and distances of all chords.
(5) The plat shall contain a north arrow which represents and designates
either true or magnetic meridian as of a date specified on the plat or shall be referenced to
a recognized coordinate system within the county.
(6) All courses shown on the plat shall be calculated from the plat meridian.
(7) No distance on the plat may be marked “more or less” except on lines
which begin, terminate, or bind on a marsh, stream, or any body of water.
(8) (I) The plat shall show the position by coordinates of not less than
four markers set in convenient places within the subdivision in a manner so that the
position of one marker is visible from the position of one other marker.
(II) From these markers, commonly called [“traverse points”]
TRAVERSE POINTS , every corner and line can be readily calculated and marked on the
ground. WES MOORE, Governor Ch. 66
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(III) These markers shall comply with standards that the State Board
for Professional Land Surveyors sets by regulation under § 15–208 of the Business
Occupations and Professions Article.
(9) A certificate stating that the requirement of this subsection, as far as it
concerns the making of the plat and setting of the markers, shall be put on the plat and
signed by the owner of the land shown on the plat to the best of [his] THE OWNER ’S
knowledge and by the professional land surveyor or property line surveyor preparing it.
(d) (1) [Three linen] THE OWNER SHALL MAIL OR DELIVER THREE copies
of the plat [shall be mailed or delivered] to the clerk.
(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , THE fee is $5 for each set of plats[, except that a].
(II) A fee is not required for plats [or microfilm aperture cards]
showing property or rights–of–way to be acquired or granted by the State Highway
Administration.
(III) THE CLERK MAY ASSESS ADDITIONA L FEES IF REQUIRED B Y
LOCAL LAW OR ORDINAN CE.
(e) Each plat shall be signed and sealed by a professional land surveyor or
property line surveyor licensed in the State.
3–301.
(a) (1) If the person offering a deed or other instrument affecting property for
record first pays the recording fees, the clerk of the circuit court of each county shall record
every deed and other instrument affecting property in [well–bound books to be named
“Land Records”, if that is the practice in the county, or on microfilm, if that is the practice]
LAND RECORDS AVAILAB LE TO THE PUBLIC .
(2) The clerk shall endorse on the deed or other instrument the time [he
receives] OF RECEIPT OF the document for recording and the endorsement shall show in
the [Land Records] LAND RECORDS .
(3) Any deed or other instrument affecting property which also affects
personal property shall be recorded in the same manner in the [Land Records] LAND
RECORDS only, and not in the [“Financing Records”] FINANCING STATEMENTS .
(b) If an interested party so requests, the [“Financing Records”] FINANCING
STATEMENTS provided for in § 9–402(9) of the Commercial Law Article shall include a
notation that the instrument is recorded among the [“Land Records”] LAND RECORDS . Ch. 66 2025 LAWS OF MARYLAND
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The instrument also shall be indexed in the general alphabetical index provided in § 3–302
of this subtitle. The notation and indexing have the same effect as if the instrument were
recorded in full among the [“Financing Records”] FINANCING STATEMENTS .
(c) (1) The clerk may not refuse to accept any deed or other document entitled
to be recorded, solely on the grounds that the deed or document contains a
strike–through, interlineation, or other corrections.
(2) The clerk may refuse to accept for re–recording, a previously recorded
deed or document that has been corrected or altered by a strike–through, interlineation, or
similar corrective measures, and that has not been re–executed, [initialled] INITIALED, or
otherwise ratified in writing by the party or parties affected by the correction.
3–302.
(a) (1) The clerk of the circuit court of each county shall make and maintain a
full and complete general alphabetical index of every deed, and other instrument [in a
well–bound book in his office].
(2) The index shall [be]:
(I) BE both in the name of each grantor, donor, mortgagor, and
assignor, and each grantee, donee, mortgagee, or assignee[. It shall include]; AND
(II) INCLUDE the book and page of the recordation of every
instrument designating these names.
(3) The clerk shall index every deed or other instrument [retaining a
vendor’s lien both as a deed and as a vendor’s lien,] in the same manner as mortgages are
indexed.
(b) [In every clerk’s office where land records are not recorded in book form, the]
THE clerk shall index every assignment of a mortgage, deed of trust, and release or partial
[releases] RELEASE of a MORTGAGE OR deed of trust, whether in long or short form[, in
the general alphabetical index, and shall place an entry in the general alphabetical index
where the instrument is indexed, on the same horizontal line, indicating the place of record
of the original instrument being assigned or released].
[(c) The clerk of the circuit court of each county shall date each change or
correction made to information in the general alphabetical index on the horizontal line on
which the change or correction was made.]
WES MOORE, Governor Ch. 66
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[(d)] (C) (1) If a court [of equity] decrees a payment of cost or makes some
other decree for payment of money by a plaintiff, the clerk immediately shall [enter] INDEX
the plaintiff’s name [in a separate index, known as the index of plaintiffs].
(2) Until the plaintiff’s name is indexed, no lien under the decree arises
against the property of the plaintiff and no right of execution accrues on the decree.
[(e)] (D) (1) The clerk shall [include in the] index each property identifier
provided on an intake sheet under § 3–104(g) of this title [or, if the space available in the
index will not accommodate all of the identifiers, then as many as the space allows, giving
priority to identifiers in the order in which they are listed in § 3–104(g)(3)(i) of this title].
(2) The clerk shall rely on the instrument that is accompanied by the
intake sheet for indexing of grantor’s and grantee’s names.
3–303.
The clerk shall [make a microfilm picture or other copy of every document he records
and] transmit [the microfilm pictures or copies] RECORDED DOCUMENTS to the State
Archivist [at the end of each year. When requested by the State Archivist, the clerk also
shall make a microfilm picture or copy of the general index].
3–304.
(a) Except as provided in subsection (e) of this section, the clerk shall [fasten
securely one copy of] RECORD each plat described under § 3–108 of this title [in a book
provided for that purpose or shall record the plat].
(b) The clerk promptly shall send one copy of each plat to the supervisor of
assessments of the county and one copy, with one half of the filing fee, to the State Archivist,
who shall number and file the plat as part of the records of the State Archivist’s office [and
shall notify the clerk of the number given].
(c) The State Archivist shall mail or deliver, free of cost, to any supervisor of
assessments of the State, a copy of the plat on request.
(d) (1) Nothing in this section affects any recording fee of the clerk of the court
under any local legislation prescribing recording fees for subdivision plats.
(2) The clerk and the State Archivist shall keep accurate memoranda of the
filing fees.
(e) In Montgomery County, the clerk may record or maintain the plat in electronic
form in a manner approved by the State Archivist.
Ch. 66 2025 LAWS OF MARYLAND
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3–403.
(a) [If] A FILING OFFICER SHALL RECORD a notice of federal lien, a refiling of
a notice of federal lien, or a notice of revocation of any certificate described in subsection
(b) of this section [is] presented to the filing officer[, he shall cause the notice to be marked,
indexed, and recorded in an alphabetical federal lien index, showing on one line the name
and residence of the person named in the notice, the U.S. government serial number of the
notice, the date and hour of filing, and the amount of the lien with the interest, penalties,
and costs. He shall file and keep all original notices so filed in numerical order in a file, or
files, and designated federal lien notices].
(b) [If] A FILING OFFICER SHALL RECORD a certificate of release,
nonattachment, discharge, or subordination of any lien [is] presented to the filing officer
[for filing he shall enter the same with date of filing in said federal lien index on the line
where notice of the lien so affected is entered, and permanently attach the original
certificate of release, nonattachment, discharge or subordination to the original notice of
lien].
3–404.
The fee for filing and indexing each notice of lien or certificate or notice affecting the
lien is $3. [The office shall bill the district directors of internal revenue or other appropriate
federal officials on a monthly basis for fees for documents filed by them.]
7–105.5.
(a) In this section, “holder of a subordinate interest” includes any condominium
council of unit owners or homeowners association that has filed a request for notice of sale
under subsection (c) of this section.
(b) The person authorized to make a sale in an action to foreclose a mortgage or
deed of trust shall give written notice of any proposed foreclosure sale to the holder of any
subordinate mortgage, deed of trust, or other subordinate interest, including a judgment,
in accordance with § 7–105.4 of this subtitle and the requirements of Maryland Rule
14–210.
(c) (1) The land records office of each county shall maintain a current listing
of recorded requests for notice of sale by holders of subordinate mortgages, deeds of trust,
or other subordinate interests.
(2) The holder of a subordinate mortgage, deed of trust, or other
subordinate interest may file a request for notice under this subsection.
(3) Each request for notice of sale shall:
WES MOORE, Governor Ch. 66
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(i) Be recorded in a separate [docket or book] PAPER OR
ELECTRONIC INDEX which shall be indexed under the name of the holder of the superior
mortgage or deed of trust and under the book and page numbers where the superior
mortgage or deed of trust is recorded;
(ii) Identify the property in which the subordinate interest is held;
(iii) State the name and address of the holder of the subordinate
interest; and
(iv) Identify the superior mortgage or deed of trust by stating:
1. The names of the original parties to the superior mortgage
or deed of trust;
2. The date the superior mortgage or deed of trust was
recorded; and
3. The office, docket or book, and page where the superior
mortgage or deed of trust is recorded.
(4) (i) Except as provided in subparagraph (ii) of this paragraph, failure
of a holder of a subordinate mortgage, deed of trust, or other subordinate interest to record
a request for notice under this subsection does not affect the duty of a holder of a superior
interest to provide notice as required under this section.
(ii) A holder of a superior interest does not have a duty to provide
notice to a condominium council of unit owners or homeowners association that has not
filed a request for notice under this subsection.
8–402.2.
(a) (1) This section applies to property:
(i) Leased for business, commercial, manufacturing, mercantile, or
industrial purposes, or any other purpose that is not primarily residential;
(ii) Improved or to be improved by any apartment, condominium,
cooperative, or other building for multifamily use of greater than four dwelling units; or
(iii) Leased for dwellings or mobile homes that are erected or placed
in a mobile home development or mobile home park.
(2) This section does not apply to residential property that is or was used,
intended to be used, or authorized to be used for four or fewer dwelling units.
Ch. 66 2025 LAWS OF MARYLAND
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(b) (1) Whenever, in a case that involves a 99–year ground lease renewable
forever, at least 6 months ground rent is in arrears and the landlord has the lawful right
to reenter for the nonpayment of the rent, the landlord, no less than 45 days after sending
to the tenant by certified mail, return receipt requested, at the tenant’s last known address,
and also by first–class mail to the title agent or attorney listed on the deed to the property
or the intake sheet recorded with the deed, a bill for the ground rent due, may bring an
action for possession of the property under § 14–108.1 of this article[; if].
(2) (I) IF the tenant cannot be personally served IN ACCORDANCE
WITH PARAGRAPH (1) OF THIS SUBSECTION , or there is no tenant in actual possession
of the property, service by posting notice on the property may be made in accordance with
the Maryland Rules.
(II) Personal service or posting in accordance with the Maryland
Rules shall stand in the place of a demand and reentry.
(c) (1) Before entry of a judgment the landlord shall give written notice of the
pending entry of judgment to each mortgagee of the lease, or any part of the lease, who
before entry of the judgment has recorded in the land records of each county where the
property is located a timely request for notice of judgment.
(2) A request for notice of judgment DESCRIBED UNDER PARA GRAPH (1)
OF THIS SUBSECTION shall:
(i) Be recorded in a separate [docket or book] PAPER OR
ELECTRONIC INDEX that is indexed under the name of the mortgagor;
(ii) Identify the property on which the mortgage is held and refer to
the date and recording reference of that mortgage;
(iii) State the name and address of the holder of the mortgage; and
(iv) Identify the ground lease by stating:
1. The name of the original lessor;
2. The date the ground lease was recorded; and
3. The office, docket or book, and page where the ground
lease is recorded.
[(2)] (3) (I) The landlord shall mail the notice by certified mail return
receipt requested to the mortgagee at the address stated in the recorded request for notice
of judgment.
WES MOORE, Governor Ch. 66
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(II) If the notice is not given, judgment in favor of the landlord does
not impair the lien of the mortgagee.
(III) Except as otherwise provided in this subsection, the property is
discharged from the lease and the rights of all persons claiming under the lease are
foreclosed unless, within 6 calendar months after execution of the judgment for possession,
the tenant or any other person claiming under the lease:
[(i)] 1. Pays the ground rent, arrears, and all costs awarded
against that person; and
[(ii)] 2. Commences a proceeding to obtain relief from the
judgment.
(d) This section does not bar the right of any mortgagee of the lease, or any part
of the lease, who is not in possession at any time before expiration of 6 calendar months
after execution of the judgment awarding the landlord possession, to pay all costs and
damages sustained by the landlord and to perform all the covenants and agreements that
are to be performed by the tenant.
SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect
October 1, 2025.
Approved by the Governor, April 8, 2025.