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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2657   View pdf image (33K)
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REVENUE AND TAXES. 2657

An. Code, sec. 189. 1904, sec. 185. 1896, ch. 120, sec. 146C. 1896, ch. 140. 1898, ch. 275.

1904, ch. 405.

200. All covenants contained in any mortgage executed after the thir-
tieth day of March, in the year 1896 and recorded in any one or more of
the counties specially enumerated in section 198, for the payment by the
mortgagor of any or all taxes, assessments, public dues or charges, levied
or to be levied by law on the mortgage debt created or secured by such
mortgage, or on the interest covenanted to be paid, are hereby declared
null and void; but whenever any mortgage executed prior to said date
contains any such covenant the said mortgage shall be exempt from the
provisions of said section 198.

This section referred to in construing secs. 198 and 225—see notes to sec. 225.
Musgrave v. B. & O. R. R. Co., 111 Md. 634.
See notes to sec. 198.
See art. 66, sec. 5.

An. Code, sec. 190. 1904, sec. 186. 1896, ch. 120, sec. 146D. 1896, ch. 140, sec. 200.

1898, ch. 275, sec. 146D. 1898, ch. 501, sec. 146D. 1900, ch. 81. 1900, ch. 656.

1902, ch. 26, sec. 146D. 1902, ch. 102. 1904, ch. 78. 1904, ch. 405.

201. Any person or corporation lending money on mortgage upon
property in any one or more of the counties specially enumerated in section
198, their agent or attorney, in addition to the usual oath or affirmation
as to the bona fides of the consideration, shall take an oath' or make an
affirmation, to be endorsed upon the mortgage, and to follow immediately
after the said oath or affirmation, as follows: " And did also make oath
in due form of law (or did solemnly and truly declare and affirm) that the
mortgagee has not required the mortgagor, his agent or attorney, or any
person for the said mortgagor, to pay the tax levied upon the interest
covenanted to be paid, in advance, nor will he require any tax levied
thereon to be paid by the mortgagor, or any person for him, during the
existence of this mortgage;" and upon the assignment of any mortgage upon
property in any one or more of said counties, which mortgage was executed
after the thirtieth day of March, in the year 1896, except for the purpose
of foreclosure, the assignee, his agent or attorney shall take the oath or make
the affirmation prescribed in this section; and when said oath or affirmation
is made by an agent or attorney, he shall, in addition thereto, make oath
or affirmation that he is the agent or attorney of the assignee, which oaths
or affirmation shall be recorded with the assignment. No mortgage or
assignment of mortgage shall be valid except as between the parties thereto,
unless the said oaths or affirmation shall be endorsed thereon; provided,
that nothing in this section shall apply to mortgages executed and recorded
in any one or more of said counties prior to the fifteenth day of March,
in the year 1902.

Where no interest is provided for in mortgage (transaction being a bona fide
one), this section is not applicable. Salabes v. Castelberg, 98 Md. 654.

This section referred to in construing secs. 198 and 225—see notes to sec. 225
Musgrove v. B. & O. R. R. Co., 111 Md. 634.

See notes to sec. 198.

See art. 21, secs. 33, 34 and 36.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2657   View pdf image (33K)
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