ARTICLE 66.
MORTGAGES.
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1. Deed absolute on its face to be con-
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23. Release by executor, administrator or
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sidered a mortgage, if there be a
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assignee.
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defeasance in writing; defeasance
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24. Certain mortgage sales made valid.
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must be recorded; effect of failure
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25. When court may enter decree in per-
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to record it.
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sonam for deficiency on mortgage
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2. Sums to appear on face of mortgage;
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sale ; proviso.
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mortgages to secure future advances
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26. Presumption of ownership and of pay-
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to indemnify security, and from
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ment, in cases of promissory notes
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brewers to malsters; not to apply to
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and other instruments and debts
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deeds of trust in nature of mortgage.
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secured by mortgage.
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3. In Baltimore and Prince George's
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27. Annual crops of debtor not to pass
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Counties.
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with mortgage.
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4. When preferred to previous judgments
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28. Agreement for rental of said crops; ap-
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or decrees; proviso.
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pointment of appraisers by court.
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5. Covenant to pay taxes.
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29. Right to distrain for rental; provisos.
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6. Powers of sale; sale under.
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30. Defective mortgages and assignments
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7. Limitation on powers to foreclose.
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of mortgages prior to March 15,
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8. Bond.
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1904, made valid.
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9. Publication of notice.
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31. Assignment of mortgages defectively
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10. Report to court; powers of court.
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sealed or sworn to; provisos.
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11. Resale.
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Vendor's Lien.
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12. If confirmed, title to pass.
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13. Distribution by court of surplus pro-
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32. Vendor's lien abolished save as far as
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ceeds.
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it be expressed upon face of deed,
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14. Conveyances to purchaser; trustee to
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etc.; provisos.
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convey; bond.
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33. Power of sale may be inserted; di-
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15. Premises may be bought in by mort-
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visible.
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gagee.
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34. Sales in pursuance of such power; per-
sonal decree.
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16. Where sales to be made.
17. Injunction to stay proceedings.
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35. May provide for payment of notes,
etc.; proviso.
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18. Motion to dissolve injunction.
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36. Presumption as to matured notes
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19. Bond.
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when lien released of record.
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20. Purchaser may have writ of possession.
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37. Assignment or release of lien.
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21. Purchaser and tenants.
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38. Collateral security not waiver of lien.
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22. Death of mortgagee.
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39. Index to vendors' liens.
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An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. 1825, ch. 203, sec. 2.
1. Every deed conveying real estate or chattels, which by any other
instrument or writing shall appear to have been intended only as a security
in the nature of a mortgage, though it be an absolute conveyance in terms,
shall be considered as a mortgage, and the person for whose benefit such
deed shall be made shall not have any benefit or advantage from the
As to execution, acknowledgment, recording, assignment, release, etc., of mortgages,
see art. 21, sec. 32, et seq.
As to recording of a mortgage not recorded in time as provided by law, see art. 16,
sec. 36.
Re. sale of rent in arrears along with property subject to such rent, see art. 16, sec. 245.
