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§ 4-109. Defective grants

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2021

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 4. Requisites of Valid Instruments (Refs & Annos)
Subtitle 1. General Rules (Refs & Annos)
Effective: October 1, 2021
MD Code, Real Property, § 4-109
§ 4-109. Defective grants
Currentness
Defective grants recorded before January 1, 1973
(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.
Defective grants recorded on or after January 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.
Failures in formal requisites of instruments
(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.

Credits

Added by Acts 1974, c. 12, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 272, § 1; Acts 2010, c. 322, § 1, eff. June 1, 2010; Acts 2010, c. 323, § 1, eff. June 1, 2010; Acts 2021, c. 686, § 1, eff. Oct. 1, 2021.
Formerly Art. 21, § 4-109.
MD Code, Real Property, § 4-109, MD REAL PROP § 4-109
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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