reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part II - Recordation of Instruments for Address Confidentiality Program Participants › Section 3-116 - Disclosure of Information in Real Property Acp Notice by Recipients Prohibited

(a)    Except as provided in subsections (b) and (c) of this section, a clerk of the circuit court and any State or local agency that receives a Real Property ACP Notice under § 3–115 of this subtitle may not disclose the program participant’s identity information in conjunction with the property identified in the notice.
(b)    A program participant’s identity information may be disclosed in conjunction with a property identified in a Real Property ACP Notice if:
(1)    The program participant consents to the disclosure for a specific purpose identified in a writing acknowledged by the program participant;
(2)    The information is subject to disclosure in accordance with a court order; or
(3)    The Secretary authorizes the disclosure in accordance with § 3–118 of this subtitle.
(c)    The prohibition on disclosure shall continue until:
(1)    The program participant consents to the termination of the Real Property ACP Notice in a writing acknowledged by the program participant;
(2)    The Real Property ACP Notice is terminated in accordance with a court order;
(3)    The program participant no longer holds a record interest in the property identified in the Real Property ACP Notice; or
(4)    The Secretary gives written notice to the clerk of the circuit court that the individual named in the Real Property ACP Notice is no longer a program participant.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part II - Recordation of Instruments for Address Confidentiality Program Participants › Section 3-117 - Establishment of Uniform Statewide Procedures

(a)    (1)    The clerks of the circuit courts, in conjunction with the Administrative Office of the Courts, shall establish uniform statewide procedures for recording deeds and other instruments to comply with this part.
(2)    The procedures shall, at a minimum, include provisions for:
(i)    Shielding recorded instruments that contain a program participant’s actual address or identity information; and
(ii)    Providing notice to the public of the existence of a shielded instrument and instructions for requesting access to the shielded instrument in accordance with § 3–118 of this subtitle.
(3)    Nothing in this section may be interpreted to prohibit a clerk of the circuit court from returning an original deed or any other instrument to the person who submitted the instrument for recordation.
(b)    All State and local agencies, including the State Department of Assessments and Taxation and all county, bicounty, municipal, and special taxing district finance offices, shall establish uniform procedures for maintaining records, including tax, utility, and zoning records, in accordance with this part.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part II - Recordation of Instruments for Address Confidentiality Program Participants › Section 3-118 - Authorization of Disclosure

(a)    On request, the Secretary may authorize the disclosure of real property records that have been shielded under § 3–116 of this subtitle for the purpose of performing a bona fide title examination.
(b)    A request under this section shall include:
(1)    The name, title, address, and affiliated organization, if applicable, of the individual requesting the disclosure;
(2)    The individual’s purpose for requesting the disclosure;
(3)    The individual’s relationship, if any, to the program participant;
(4)    A legal description of the property subject to the title examination;
(5)    A statement that any information disclosed to the individual shall be treated as confidential and shall be used and disclosed only for the purpose identified in the request;
(6)    The individual’s signature; and
(7)    Any other information required by the Secretary to respond to the request.
(c)    (1)    Within 2 business days after receiving a request under this section, the Secretary shall provide a written response approving or denying the request.
(2)    The Secretary shall approve the request only if the Secretary confirms that the property subject to the title examination is the property identified in the Real Property ACP Notice of a current program participant.
(3)    If the property belongs to an individual who is no longer a program participant:
(i)    The Secretary shall give written notice to the clerk of the appropriate circuit court and the State Archives; and
(ii)    The clerk and the State Archives shall cease shielding all real property records relating to the property.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part II - Recordation of Instruments for Address Confidentiality Program Participants › Section 3-119 - Information Sharing

(a)    Nothing in this part may be interpreted to require:
(1)    The Secretary to identify other agencies that may possess information on a program participant; or
(2)    The clerk of a circuit court or any State or local agency to independently determine whether the clerk or agency maintains information on a program participant.
(b)    Nothing in this part may be interpreted to prohibit the clerk of a circuit court or any State or local agency from sharing a program participant’s information with the Secretary for the purpose of facilitating compliance with this part.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 2 - Priorities Based on Recording › Section 3-201 - Effective Date of a Deed

The effective date of a deed is the date of delivery, and the date of delivery is presumed to be the date of the last acknowledgment, if any, or the date stated on the deed, whichever is later. Every deed, when recorded, takes effect from its effective date as against the grantor, his personal representatives, every purchaser with notice of the deed, and every creditor of the grantor with or without notice.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 2 - Priorities Based on Recording › Section 3-202 - Possession Under an Unrecorded Deed

If a grantee under an unrecorded deed is in possession of the land and his possession is inconsistent with the record title, his possession constitutes constructive notice of what an inquiry of the possessor would disclose as to the existence of the unrecorded deed.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 2 - Priorities Based on Recording › Section 3-203 - Subsequent Deed; Priority of Deed First Recorded

Every recorded deed or other instrument takes effect from its effective date as against the grantee of any deed executed and delivered subsequent to the effective date, unless the grantee of the subsequent deed has:
(1)    Accepted delivery of the deed or other instrument:
(i)    In good faith;
(ii)    Without constructive notice under § 3-202; and
(iii)    For a good and valuable consideration; and
(2)    Recorded the deed first.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 2 - Priorities Based on Recording › Section 3-204 - Interests in Rents or Profits

An interest created by a deed granting, assigning, or otherwise transferring an interest in rents or profits arising from property is perfected upon recordation as provided in this title:
(1)    Regardless of whether, by its terms or otherwise, the grant, assignment, or transfer is operative immediately, or upon the occurrence of a specific event, or under any other circumstances; and
(2)    Without the grantee, assignee, or transferee having to make any affirmative demand or take any further affirmative action.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 3 - Record Books and Indexes › Section 3-301 - Record Books

(a)    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. The clerk shall endorse on the deed or other instrument the time he receives the document for recording and the endorsement shall show in the Land Records. Any deed or other instrument affecting property which also affects personal property shall be recorded in the same manner in the Land Records only, and not in the “Financing Records”.
(b)    If an interested party so requests, the “Financing Records” provided for in § 9-402(9) of the Commercial Law Article shall include a notation that the instrument is recorded among the “Land Records”. 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”.
(c)    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. 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, or otherwise ratified in writing by the party or parties affected by the correction.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 3 - Record Books and Indexes › Section 3-302 - Indexes

(a)    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. The index shall be both in the name of each grantor, donor, mortgagor, and assignor, and each grantee, donee, mortgagee, or assignee. It shall include the book and page of the recordation of every instrument designating these names. 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 clerk shall index every assignment of a mortgage, deed of trust, and release or partial releases of a 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.
(d)    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 the plaintiff’s name in a separate index, known as the index of plaintiffs. 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)    (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.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 3 - Record Books and Indexes › Section 3-303 - Copies to State Archivist

The clerk shall make a microfilm picture or other copy of every document he records and transmit the microfilm pictures or copies 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.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 3 - Record Books and Indexes › Section 3-304 - Plats

The clerk shall fasten securely one copy of each plat described under § 3-108 in a book provided for that purpose or shall record the plat. He 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 his office and shall notify the clerk of the number given. The Archivist shall mail or deliver, free of cost, to any supervisor of assessments of the State, a copy of the plat on request. Nothing in this section affects any recording fee of the clerk of the court under any local legislation prescribing recording fees for subdivision plats. The clerk and the Archivist shall keep accurate memoranda of the filing fees.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 4 - Maryland Revised Uniform Federal Lien Registration Act › Section 3-401 - Place of Filing Notices of Federal Liens

(a)    Notices of liens on real property for obligations payable to the United States, and certificates and notices affecting the liens shall be filed in the office of the clerk of the circuit court of the county in which the real property subject to the liens is situated.
(b)    Notices of liens on tangible or intangible personal property for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:
(1)    If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in the State, as these entities are defined in the Internal Revenue Code, in the office of the clerk of the circuit court for the county where the principal executive office is located;
(2)    In all other cases in the office of the clerk of the circuit court of the county where the person resides at the time of filing of the notice of lien.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 4 - Maryland Revised Uniform Federal Lien Registration Act › Section 3-402 - Certification Necessary for Recording Federal Liens

Certification of notice of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States, his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgement is necessary.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 4 - Maryland Revised Uniform Federal Lien Registration Act › Section 3-403 - Federal Lien Index; File of Notices; Entry and Disposition of Certificate of Release

(a)    If 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 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.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 4 - Maryland Revised Uniform Federal Lien Registration Act › Section 3-404 - Fee for Filing Notice of Lien; Billing

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.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 4 - Maryland Revised Uniform Federal Lien Registration Act › Section 3-405 - Interpretation and Citation of 3-401 Through 3-405

Sections 3-401 through 3-405 of this subtitle shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and may be cited as the Maryland Revised Uniform Federal Lien Registration Act.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 5 - Miscellaneous Recordation and Indexing Rules › Section 3-501 - Land Recordation in Montgomery County

(a)    (1)    The Clerk of the Circuit Court for Montgomery County shall:
(i)    Assign to each parcel of real property in the county an individual parcel identifier, numerical or otherwise; and
(ii)    Record by parcel identifier in a parcel index any instrument or reference to an instrument presented for recording after June 30, 1981.
(2)    Information recorded by parcel identifier in a parcel index shall be the legal record of interests affecting any parcel.
(b)    (1)    (i)    Except as provided by subparagraph (ii) of this paragraph, all interests created after June 30, 1981 that are enforceable against real property, shall be recorded in the land records by serial number (liber or folio, or other number as the Clerk determines) and by parcel identifier.
(ii)    The provisions of this subsection do not apply to:
1.    Contracts for conveyance of real property;
2.    Leases not required to be recorded under § 3-101(c) or (d) of this title;
3.    Liens of judgment created by § 11-402 of the Courts and Judicial Proceedings Article, and other actions in law or equity which constitute a claim against or encumbrance upon the property;
4.    Liens arising from nonpayment of real property taxes; and
5.    Claims of the United States not subjected by federal law to the recording requirements of this State.
(2)    An instrument may not be recorded after June 30, 1981 unless it is legible and contains:
(i)    The parcel identifier;
(ii)    The county tax account number for the parcel, if any, and if it is different from the parcel identifier;
(iii)    The record legal description of the boundaries of the parcel;
(iv)    The street address of the parcel, if any;
(v)    The full name and address of each party to that instrument and the nature of the party’s interest; and
(vi)    The name of any title insurer insuring the instrument.
(3)    An instrument is not rendered invalid by failure to comply with the requirements of this section.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 6 - Recording and Other Costs › Section 3-601 - Recording Costs

(a)    (1)    In this subsection, “page” means one side of a leaf not larger than 8 1/2 inches wide by 14 inches long, or any portion of it.
(2)    Except as provided in paragraph (4) of this subsection, before recording an instrument among the land or financing records, a clerk shall collect:
(i)    $10 for a release 9 pages or less in length;
(ii)    $20 for any other instrument 9 pages or less in length;
(iii)    Except as provided in item (i) of this paragraph, $20 for an instrument, regardless of length, involving solely a principal residence; and
(iv)    $75 for any other instrument 10 pages or more in length.
(3)    The recording costs under this subsection shall also apply to instruments required to be recorded in the financing statement records of the State Department of Assessments and Taxation.
(4)    A clerk may not collect a fee for the recordation of:
(i)    A restrictive covenant modification executed under § 3–112 of this title; or
(ii)    An amendment to the common area deeds or other declarations of a homeowners association that deletes a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin in accordance with § 11B–113.3 of this article.
(b)    (1)    A person who submits a written refund claim for recording fees, including any recording surcharge, that have been overpaid to the clerk of a circuit court, is eligible for a refund of the amount overpaid from the clerk that collected the fees.
(2)    A claim for a refund under paragraph (1) of this subsection shall be as required by regulations adopted by the State Court Administrator.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 6 - Recording and Other Costs › Section 3-603 - Counties, Municipalities, and Commissions Exempt From Fees

(a)    The clerk may not charge any county, any municipality, any unit of State government, the Maryland–National Capital Park and Planning Commission, or the Washington Suburban Sanitary Commission any fee provided by this subtitle unless the county, municipality, unit of State government, or respective commission first gives its consent.
(b)    No charge may be made against the Comptroller for any service performed in connection with the recording and indexing of property liens arising under the Maryland income tax or the Maryland sales and use tax laws.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 7 - Maryland Uniform Real Property Electronic Recording Act › Section 3-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Document” means information that is:
(1)    Inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form; and
(2)    Eligible to be recorded in the land records maintained by the clerk of a circuit court.
(c)    “Electronic” means relating to technology having electrical, digital, magnetic, optical, electromagnetic, or similar capabilities.
(d)    “Electronic document” means a document that is received by the clerk of a circuit court in electronic form.
(e)    “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(f)    “Person” means an individual, a corporation, a statutory trust, a personal representative of an estate, a trustee, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government, a governmental subdivision, an agency, an instrumentality, or any other legal or commercial entity.
(g)    “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 7 - Maryland Uniform Real Property Electronic Recording Act › Section 3-702 - Electronic Methods for Satisfying Recording Requirements

(a)    If a law requires, as a condition for recording, that a document be an original, in writing, or on paper or another tangible medium, an electronic document satisfying the requirements of this subtitle satisfies the law.
(b)    If a law requires, as a condition for recording, that a document be signed, an electronic signature satisfies the law.
(c)    A requirement that a document or signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act and all other required information is attached to or logically associated with the document or signature.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 7 - Maryland Uniform Real Property Electronic Recording Act › Section 3-703 - Responsibilities With Respect to Paper and Electronic Documents

(a)    In this section, “paper document” means a document received by the clerk of a circuit court in a form that is not electronic.
(b)    In compliance with any standards established by the Administrative Office of the Courts, the clerk of a circuit court:
(1)    May receive, index, store, archive, and transmit electronic documents;
(2)    May provide for access to, and search and retrieval of, documents and information by electronic means;
(3)    Shall, if the clerk of the circuit court accepts electronic documents for recording, continue to accept paper documents and place entries for electronic and paper documents in the same index;
(4)    May convert into electronic form:
(i)    Paper documents accepted for recording; and
(ii)    Information recorded before the clerk of the circuit court began to record electronic documents;
(5)    Shall transmit documents in fully verified books to the State Archives for preservation and publication on a website maintained by the State Archives;
(6)    May accept by electronic means any fee or tax collected as a condition precedent to recording a document; and
(7)    May agree with other State or county officials on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording documents or the electronic payment of fees or taxes.
(c)    The State Department of Assessments and Taxation or a county may:
(1)    Accept by electronic means any fee or tax that the Department or county is authorized to collect as a condition precedent to recording a document; and
(2)    Agree with the clerk of a circuit court or other State official on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording documents or the electronic payment of fees or taxes.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 7 - Maryland Uniform Real Property Electronic Recording Act › Section 3-706 - Relationship With Other Federal Laws

(a)    Except as provided in subsection (b) of this section, this subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act to the extent that Act is inconsistent with this subtitle.
(b)    This subtitle does not:
(1)    Modify, limit, or supersede 15 U.S.C. § 7001(c); or
(2)    Authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-101 - What Deeds Sufficient; Seal or Attestation Not Required

(a)    (1)    Any deed containing the names of the grantor and grantee, a description of the property sufficient to identify it with reasonable certainty, and the interest or estate intended to be granted, is sufficient, if executed, acknowledged, and, where required, recorded.
(2)    Any lease is sufficient even though it is not acknowledged if it otherwise complies with paragraph (1) of this subsection.
(b)    If a deed is signed by the grantor in accordance with the requirements of Title 5 of this article, the absence of a seal or attestation does not affect the validity of the deed. A corporate seal is not required for the execution of any deed or other instrument, notwithstanding any provision to the contrary in the corporation’s charter, bylaws, or other documents.
(c)    The masking of personal information in accordance with § 8–504 of the State Government Article does not affect the validity of a deed or other recordable instrument.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-102 - Deed Poll

If a deed contains a covenant by the grantee or a reservation of an incorporeal interest in the property granted by the deed and is signed only by the grantor (deed poll), the acceptance of delivery of the deed by the grantee binds the grantee to the provisions in the deed as effectively as if he had signed the deed as a grantee.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-103 - Presumption of Validity

(a)    If a deed is executed, acknowledged, and, if required, recorded, the validity of the deed in respect to its execution and delivery by the grantor to the grantee is presumed.
(b)    Subsection (a) of this section applies to a lease even though it is not acknowledged.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-105 - Words of Inheritance Unnecessary to Create Fee Simple or Easement

No words of inheritance are necessary to create an estate in fee simple or an easement by grant or by reservation. Unless a contrary intention appears by express terms or is necessarily implied, every grant of land passes a fee simple estate, and every grant or reservation of an easement passes or reserves an easement in perpetuity.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-106 - Affidavits of Consideration and Disbursement

(a)    No mortgage or deed of trust is valid except as between the parties to it, unless there is contained in, endorsed on, or attached to it an oath or affirmation of the mortgagee or the party secured by a deed of trust that the consideration recited in the mortgage or deed of trust is true and bona fide as set forth.
(b)    (1)    No purchase-money mortgage or deed of trust involving land, any part of which is located in the State, is valid either as between the parties or as to any third party unless the mortgage or deed of trust contains or has endorsed on, or attached to it at a time prior to recordation, the oath or affirmation of the party secured by the mortgage or deed of trust stating that the actual sum of money advanced at the closing transaction by the secured party was paid over and disbursed by the party secured by the mortgage or deed of trust to either the borrower or the person responsible for disbursement of funds in the closing transaction or their respective agent at a time no later than the execution and delivery of the mortgage or deed of trust by the borrower. However, this subsection does not apply where a mortgage or deed of trust is given to a vendor in a transaction in order to secure payment to him of all or part of the purchase price of the property. The affidavit required by this subsection is required for only that part of the loan that is purchase money and, if the requirements of this subsection are not satisfied, the mortgage or deed of trust is invalid only to the extent of the part of the loan that is purchase money.
(2)    The lender may deliver net proceeds, deducting charges, interests, expenses, or advance escrow and charges due from the borrower, if the following conditions are met:
(i)    The charges, interests, expenses, and other deductions listed above have been agreed upon in advance, in writing; and
(ii)    The lender provides a schedule of the deductions along with the net proceeds delivered.
(c)    Any affidavit required by this section may be made by one of the several mortgagees or parties secured by the deed of trust and has the same effect as if made by all. The affidavit may be made by any trustee named in the deed of trust, by an agent of the trustee, or by an agent of a mortgagee or of a party secured by the deed of trust.
(d)    If the affidavit is made by an agent, he shall make affidavit to be contained in, endorsed on, or attached to the mortgage or deed of trust, that he is the agent of the mortgagee or party secured by the deed of trust, or any one of them, or of the trustee. This affidavit is sufficient proof of agency. The president, other officer of a corporation, or the personal representative of the mortgagee or party secured by the deed of trust also may make the affidavits.
(e)    This section does not apply to any mortgage or deed of trust where the loan secured is one in which it is lawful to charge any rate of interest under § 12-103(e) of the Commercial Law Article.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-107 - Powers of Attorney

(a)    Every power of attorney executed by any person authorizing an agent or attorney to sell and grant any property shall be executed in the same manner as a deed and recorded:
(1)    Before the day on which the deed executed pursuant to the power of attorney is recorded;
(2)    On the same day as the deed executed pursuant to the power of attorney; or
(3)    Subject to subsection (b) of this section, after the day on which the deed executed pursuant to the power of attorney is recorded.
(b)    A power of attorney may be recorded after the day on which the deed executed pursuant to the power of attorney is recorded, if:
(1)    The power of attorney is both dated and acknowledged on or before the effective date of the deed executed pursuant to the power of attorney;
(2)    The power of attorney has not been revoked with respect to the period of time up to and including the date of recording of the deed in accordance with the provisions of subsection (c) of this section; and
(3)    The deed, or a recorded instrument of writing supplementing the deed contains an affidavit or certification by the agent or attorney in fact named in the power of attorney, stating substantially, that the agent or attorney in fact did not have, at the time of the execution of the deed pursuant to the power of attorney, actual knowledge of the revocation of the power of attorney, by death of the principal or, if applicable, by the subsequent disability or incompetence of the principal.
(c)    Any person executing a deed as agent or attorney for another shall describe himself in and sign the deed as agent or attorney. A power of attorney is deemed to be revoked when the instrument containing the revocation is recorded in the office where the deed should be recorded.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-108 - Abolition of Straw Deeds in Certain Cases; Grant of Property Held by the Entireties

(a)    Any interest in property may be granted by one or more persons, as grantors, to themselves alone, or to himself or themselves and any other person, as grantees, in life tenancy, with or without powers, joint tenancy, tenancy in common, or tenancy by the entirety without the use of a straw man as an intermediate grantee-grantor. These grants, regardless of when made, are ratified, confirmed, and declared valid as having created the type of concurrent ownership that the grant purports to grant.
(b)    Any interest in property held by a husband and wife in tenancy by the entirety may be granted, (1) by both acting jointly, to themselves, to either of them, individually, or to themselves and any other person, in joint tenancy or tenancy in common; (2) by both acting jointly, to either husband or wife and any other person in joint tenancy or tenancy in common; and (3) by either acting individually to the other in tenancy in severalty, without the use of a straw man as an intermediate grantee-grantor. These grants, regardless of when made, are ratified, confirmed, and declared valid as having created the type of ownership that the grant purports to grant.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-109 - Defective Grants

(a)    If an instrument was recorded before January 1, 1973, any failure of the instrument to comply with the formal requisites listed in this section has no effect, unless the defect was challenged in a judicial proceeding commenced by July 1, 1973.
(b)    If an instrument is recorded on or after January 1, 1973, whether or not the instrument is executed on or after that date, any failure to comply with the formal requisites listed in this section has no effect unless it is challenged in a judicial proceeding commenced within six months after it is recorded.
(c)    For the purposes of this section, the failures in the formal requisites of an instrument are:
(1)    A defective acknowledgment;
(2)    A failure to attach any clerk’s certificate;
(3)    An omission of a notary seal or other seal;
(4)    A lack of or improper acknowledgment or affidavit of consideration, agency, or disbursement;
(5)    An omission of an attestation;
(6)    A failure to name any trustee in a deed of trust; or
(7)    A lack of or defective witness attestation to a power of attorney.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-110 - Validating Deeds Conveying Land in Unapproved Subdivision

Notwithstanding § 5–302 of the Land Use Article or any similar public local law or ordinance, every deed executed or recorded before June 1, 1974, conveying land in a subdivision a plat of which had not been approved by a planning commission is fully valid and effective according to its terms if the deed would have been valid and effective but for § 5–302 of the Land Use Article or a similar public local law or ordinance.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 1 - General Rules › Section 4-111 - Subordination of Lender's Interest

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Lender” means a person holding an interest in or lien on property pursuant to a mortgage or deed of trust.
(3)    “Subordination agreement” means an agreement establishing priorities:
(i)    Between or among lenders; or
(ii)    Between or among a lender and any other person or persons holding an interest in property.
(b)    A lender may subordinate its interest under a mortgage or deed of trust to the interest of another lender or to the property interest of a person, through execution of a subordination agreement on behalf of the subordinating lender by:
(1)    As to a lender secured by a mortgage, the mortgagee or assignee; or
(2)    As to a lender secured by a deed of trust, the trustee or successor trustee or the holder of the note or other obligation secured by the deed of trust.
(c)    This section applies to all subordination agreements existing on or after October 1, 1997.
2023 Maryland Statutes › Real Property › Title 4 - Requisites of Valid Instruments › Subtitle 2 - Forms › Section 4-204 - Acknowledgments

(a)    State of Maryland, .......... County, to wit: I hereby certify, that on this ........, in the year ...., before the subscriber, (here insert style of the officer taking the acknowledgment), personally appeared (here insert the name of the person making the acknowledgment), and acknowledged the foregoing deed to be his act.
(b)    State of .......... County, to wit: I hereby certify, that on this ...... day of .........., in the year ...., before the subscriber, (here insert the official style of the person taking the acknowledgment), personally appeared (here insert the name of the husband), and (here insert name of the married woman making the acknowledgment), his wife, and did each acknowledge the foregoing deed to be their respective act.
(c)    State of .......... County, to wit: I hereby certify, that on this ...... day of .........., in the year ...., before the subscriber, (here insert the official style of the officer taking the acknowledgment), personally appeared (here insert the name of the person making the acknowledgment), and acknowledged the foregoing deed to be his act.
Seal of the court
In testimony whereof I have caused the seal of the court to be affixed, (or have affixed my official seal), this ...... day of .........., A.D. ...........
2023 Maryland Statutes › Real Property › Title 5 - Statute of Frauds › Section 5-101 - Certain Estates Created by Parol Are Estates at Will

Every corporeal estate, leasehold or freehold, or incorporeal interest in land created by parol and not in writing and signed by the party creating it, or his agent lawfully authorized by writing, has the force and effect of an estate or interest at will only, and has no other or greater force or effect, either in law or equity.
2023 Maryland Statutes › Real Property › Title 5 - Statute of Frauds › Section 5-103 - Assignment, Grant, or Surrender of Interest in Property

No corporeal estate, leasehold or freehold, or incorporeal interest in land may be assigned, granted, or surrendered, unless it is in writing signed by the party assigning, granting, or surrendering it, or his agent lawfully authorized by writing, or by act and operation of law.
2023 Maryland Statutes › Real Property › Title 5 - Statute of Frauds › Section 5-107 - Not Applicable to Resulting or Constructive Trusts or to Trusts Transferred or Extinguished by Operation of Law

This title is not applicable where any grant is made of any interest in land by which a trust arises or results by implication or construction of law, or where a trust is transferred or extinguished by operation of law.
2023 Maryland Statutes › Real Property › Title 6 - Rights of Entry and Possibilities of Reverter › Section 6-101 - Thirty-Year Limit on Possibilities of Reverter and Rights of Entry Created on or After July 1, 1969

(a)    This section does not apply to an affordable housing land trust agreement executed under Title 14, Subtitle 5 of this article.
(b)    This section is effective on July 1, 1969, with respect to (1) inter vivos instruments taking effect on or after that date, (2) wills of persons who die on or after that date, and (3) appointments by inter vivos instruments or wills made on or after that date under powers created before that date.
(c)    If the specified contingency of a special limitation creating a possibility of reverter or of a condition subsequent creating a right of entry for condition broken does not occur within 30 years of the effective date of the instrument creating the possibility or condition, the possibility or condition no longer is valid thereafter.
2023 Maryland Statutes › Real Property › Title 6 - Rights of Entry and Possibilities of Reverter › Section 6-103 - Limitations of Period Within Which Actions May Be Brought and Land Recovered by Reason of Termination of Determinable Fee-Simple Estates or on Happening of Condition Subsequent

No person may commence an action for the recovery of land, nor make an entry on it, by reason of a breach of a condition subsequent, or by reason of the termination of an estate of fee-simple determinable, unless the action is commenced or entry is made within seven years after breach of the condition or from the time when the fee-simple determinable estate terminates. If a breach of a condition subsequent or termination of a fee-simple determinable estate occurred prior to July 1, 1969, an action may be commenced for the recovery of the land, or an entry may be made on it, by the owner of a right of entry or possibility of reverter by July 1, 1976. Possession of land after breach of a condition subsequent or after termination of an estate of fee-simple determinable is adverse and hostile from the first breach of a condition subsequent or from the occurrence of the event terminating the fee-simple determinable estate.
2023 Maryland Statutes › Real Property › Title 6 - Rights of Entry and Possibilities of Reverter › Section 6-105 - Exception of Possibilities of Reverter and Rights of Entry Owned by State or Political Subdivisions

The provisions of this title do not apply to grants made at any time by the State or its political subdivisions as long as the possibility of reverter or right of entry owned by the State or its political subdivisions is not transferred.
2023 Maryland Statutes › Real Property › Title 7 - Mortgages, Deeds of Trust, and Vendor's Liens › Subtitle 1 - Mortgages and Deeds of Trust › Section 7-101 - When Deed Absolute in Terms to Be Considered a Mortgage; Assignment of Mortgages as Security; Certain Security Interests Perfected

(a)    Every deed which by any other writing appears to have been intended only as security for payment of an indebtedness or performance of an obligation, though expressed as an absolute grant is considered a mortgage. The person for whose benefit the deed is made may not have any benefit or advantage from the recording of the deed, unless every other writing operating as a defeasance of it, or explanatory of its being intended to have the effect only of a mortgage, also is recorded in the same records at the same time.
(b)    Subsection (a) of this section is not applicable to the grant of a security interest in a mortgage by a mortgagee, or one of several mortgagees, or any assignee of his interest in a mortgage as security for payment of an indebtedness or performance of an obligation. Such a transaction is governed by Title 9 of the Maryland Uniform Commercial Code.
(c)    Notwithstanding any provision of Title 9 of the Maryland Uniform Commercial Code to the contrary, if a security interest in a mortgage was attached and perfected before July 1, 2001, in accordance with subsection (b) of this section as in effect before July 1, 2001, then the security interest shall continue to be perfected after July 1, 2001, without the need for any additional filing in the land records in the county where the mortgage is recorded, and without the need for any additional filing otherwise required under Title 9 of the Maryland Uniform Commercial Code.
2023 Maryland Statutes › Real Property › Title 7 - Mortgages, Deeds of Trust, and Vendor's Liens › Subtitle 1 - Mortgages and Deeds of Trust › Section 7-102 - Necessity for Recitation of Secured Amount; Priority of Future Advances

(a)    (1)    No mortgage or deed of trust may be a lien or charge on any property for any principal sum of money in excess of the aggregate principal sum appearing on the face of the mortgage or deed of trust and expressed to be secured by it, without regard to whether or when advanced or readvanced.
(2)    Paragraph (1) of this subsection does not apply to a mortgage or deed of trust to:
(i)    Guarantee the party secured against loss from being an obligee of a third party;
(ii)    Indemnify the party secured against loss from being an endorser, guarantor, or surety; or
(iii)    Secure a guarantee or indemnity agreement.
(b)    If after the date of the mortgage or deed of trust, any sum of money is advanced or readvanced, any endorsement or guaranty is made, or the liability under an indemnity agreement arises, priority for such sum of money or for any indemnity arising under the endorsement, or guaranty, or indemnity agreement dates from the date of the mortgage or deed of trust as against the rights of intervening purchasers, mortgagees, trustees under deeds of trust, or lien creditors, regardless of whether the advance, readvance, endorsement, or guaranty was obligatory or voluntary under the terms of the mortgage or deed of trust.
2023 Maryland Statutes › Real Property › Title 7 - Mortgages, Deeds of Trust, and Vendor's Liens › Subtitle 1 - Mortgages and Deeds of Trust › Section 7-103 - Presumption of Ownership of Notes

(a)    The title to any promissory note, other instrument, or debt secured by a mortgage, both before and after the maturity of the note, other instrument, or debt, conclusively is presumed to be vested in the person holding the record title to the mortgage. If the mortgage is duly released of record, the promissory note, other instrument, or debt secured by the mortgage, both before and after the maturity of the promissory note, other instrument, or debt, conclusively is presumed to be paid as far as any lien on the property granted by the mortgage is concerned.
(b)    After an assignment of a mortgage is recorded, any payment made by the original mortgagor to the assignor is effective to reduce or discharge the note or debt, unless the mortgagor has received actual notice of the assignment prior to the payment. This provision also applies to a payment by a transferee of the mortgagor’s interest in the mortgaged property except where the assignment of the mortgage is of record at the effective date of the transfer of the mortgagor’s interest in the mortgaged property.