§ 3-104. Prerequisites to recording
West's Annotated Code of MarylandReal PropertyEffective: October 1, 2020
Effective: October 1, 2020
MD Code, Real Property, § 3-104
§ 3-104. Prerequisites to recording
(a)(1) The Clerk of the Circuit Court may record an instrument that effects a change of ownership if the instrument is:
(2) The Supervisor of Assessments shall transfer ownership of property in the assessment records, effective as of the date of recordation, upon receipt from the 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.
(b)(1)(i) Except as provided in subsection (c) of this section, property may not be transferred on the assessment books or records until:
(c)(1)(i) The requirements for prepayment of personal property taxes in subsection (b) of this section do not apply to grants of land made:
(ii) Notwithstanding any other provision of law, and except as provided in subparagraph (iii) of this paragraph, after the recordation of a deed or other instrument that effects a grant of land described in subparagraph (i) of this paragraph, the land shall be free and clear of, and unencumbered by, any lien or claim of lien for any unpaid taxes on personal property.
1. Any lien for unpaid taxes on personal property that attached to the land by recording and indexing a notice as provided in § 14-804(b) of the Tax-Property Article prior to the recording of the mortgage, lien, deed of trust, or other encumbrance giving rise to the grant of land described in subparagraph (i) of this paragraph; or
(2) Subsection (b) of this section does not apply in Charles, St. Mary's, Dorchester, Harford, Howard, Kent, Prince George's, Worcester, Carroll, Montgomery, Frederick and Washington counties to any deed executed as a mere conduit or for convenience in holding and passing title, known popularly as a straw deed or, as provided in § 4-108 of this article, a deed making a direct grant in lieu of a straw deed, or to a deed which is a supplementary instrument merely confirming, correcting, or modifying a previously recorded deed, if there is no actual consideration paid or to be paid for the execution of the supplementary instrument.
(3) Subsection (b) of this section does not apply in Baltimore City and Anne Arundel, Baltimore, Carroll, Frederick, St. Mary’s, or Washington counties to any deed transferring property to the county when the controller or treasurer of the county has certified that the conveyance does not impair the security for any public taxes, assessments, and charges due on the remaining property of the grantor.
(4)(i) Property may be transferred on the assessment books or records in July, August, or September if instead of paying the taxes required under subsection (b)(1) of this section on a property transfer by assumption, a lender or the attorney handling the transfer of title files with the county treasurer, tax collector, or director of finance of the county in which the property is assessed a statement that certifies that the lender maintains a real estate tax escrow account.
(d) 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. 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) Any printed deed or other instrument offered for recordation shall be printed in not less than eight-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 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 the normal charge. In any clerk's office where the deeds or other instruments are photostated or microfilmed, 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 may be offered or received for record until treble 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. After any document has been recorded in one county, a certified copy of the recorded document may be recorded in any other county.
(f)(1)(i) In this paragraph, “under the attorney's supervision” includes review of an instrument by the certifying attorney.
(iii) A mortgage, a deed of trust, an assignment of rents, an assignment of a lease for security purposes, or an assignment or a release of a mortgage or a deed of trust prepared by any attorney or one of the parties named in the instrument may be recorded without the certification required under subparagraph (ii) of this paragraph.
(4) No deed granting property lying within the boundaries of any sanitary district operated by the County Commissioners of Worcester County may be accepted by the Clerk of the Circuit Court for recording unless the deed is marked by the county to indicate that every assessment or charge currently due and owed to the county with respect to the property described in the deed has been paid.
(5) In Frederick County, if the property to be transferred is a subdivision, which is being dissected from a larger tract of land, then every public tax, assessment, and charge due on the larger tract shall be paid before the property is transferred on the assessment books or land records. Notwithstanding any other provision of this section, in Frederick County the certificate of the Treasurer and the appropriate municipal tax collector, if the property is within an incorporated town or city, showing that every tax has been paid shall be endorsed on the deed. The endorsement is sufficient authority for transfer on the assessment books or land records.
(6) Every deed granting a right-of-way or other easement to a public utility, public agency, or a department or agency of the State shall contain an accurate and definite description as well as a reference to the liber and folio where the servient land was granted and a recitation of the grantors, grantees, and the date of the reference deed.
(g)(1) This subsection does not apply to:
(8)(i) If a deed or other instrument that effects a change in ownership is submitted for transfer on the assessment books without an intake sheet, the person offering the deed or other instrument shall mail or deliver to the person having charge of the assessment books the information required on the intake sheet.
Credits
Added by Acts 1974, c. 12, § 2, eff. July 1, 1974. Amended by Acts 1975, c. 108; Acts 1975, c. 836; Acts 1976, c. 137; Acts 1976, c. 272; Acts 1977, c. 326; Acts 1978, c. 487; Acts 1978, c. 553; Acts 1978, c. 695; Acts 1978, c. 697; Acts 1980, c. 638; Acts 1981, c. 332; Acts 1981, c. 358; Acts 1984, c. 592; Acts 1985, c. 480, § 1; Acts 1985, c. 778; Acts 1986, c. 5, § 1; Acts 1986, c. 757; Acts 1986, c. 858; Acts 1988, c. 90; Acts 1989, c. 399; Acts 1989, c. 762; Acts 1990, c. 424; Acts 1992, c. 422; Acts 1994, c. 36, § 1, eff. Oct. 1, 1994; Acts 1994, c. 316, § 1, eff. Oct. 1, 1994; Acts 1994, c. 642, § 1, eff. July 1, 1994; Acts 1996, c. 97, § 1, eff. April 30, 1996; Acts 1996, c. 413, § 1, eff. Oct. 1, 1996; Acts 1997, c. 581, § 1, eff. Oct. 1, 1997; Acts 1997, c. 582, § 1, eff. Oct. 1, 1997; Acts 1997, c. 633, § 1, eff. Oct. 1, 1997; Acts 1998, c. 45, § 1, eff. Oct. 1, 1998; Acts 1998, c. 63, § 1, eff. Oct. 1, 1998; Acts 1998, c. 78, § 1, eff. Oct. 1, 1998; Acts 1999, c. 305, § 1, eff. July 1, 2000; Acts 1999, c. 306, § 1, eff. July 1, 2000; Acts 1999, c. 674, § 1, eff. Oct. 1, 1999; Acts 2000, c. 61, § 1, eff. April 25, 2000; Acts 2000, c. 498, § 1, eff. July 1, 2000; Acts 2000, c. 499, § 1, eff. July 1, 2000; Acts 2003, c. 189, § 1, eff. Oct. 1, 2003; Acts 2004, c. 40, § 1, eff. July 1, 2005; Acts 2004, c. 508, § 1, eff. Oct. 1, 2004; Acts 2005, c. 35, § 1, eff. July 1, 2005; Acts 2010, c. 463, § 1, eff. Oct. 1, 2010; Acts 2012, c. 364, § 1, eff. Oct. 1, 2012; Acts 2012, c. 370, § 1, eff. Oct. 1, 2012; Acts 2017, c. 520, § 1, eff. Oct. 1, 2017; Acts 2017, c. 521, § 1, eff. Oct. 1, 2017; Acts 2018, c. 636, § 1, eff. Oct. 1, 2018; Acts 2020, c. 301, § 1, eff. June 1, 2020; Acts 2020, c. 302, § 1, eff. June 1, 2020; Acts 2020, c. 423, § 1, eff. Oct. 1, 2020; Acts 2020, c. 424, § 1, eff. Oct. 1, 2020.
Formerly Art. 21, § 3-104.
MD Code, Real Property, § 3-104, MD REAL PROP § 3-104
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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