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Session Laws, 1935
Volume 579, Page 1091   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 1091

WHEREAS by reason of the aforegoing and other ad-
verse conditions an emergency is hereby declared to exist
as a matter of legislative determination necessitating the
re-enactment with amendments as hereinafter provided of
the said Section 6A enacted by the said Act of 1933, Chap-
ter 57 as aforesaid; now therefore,

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 6A of Article 66 of the Code of
Public General Laws of Maryland (1924 Edition), title
"Mortgages" is hereby re-enacted with amendments, to
follow immediately after Section 6 of said Article 66, and
to continue to be known as Section 6A, so as to read as
follows:

6A. In all mortgages of real and/or leasehold prop-
erty heretofore given or hereinafter given wherein there
is inserted a clause authorizing the mortgagee or any other
person to be named therein to sell the mortgaged premises
upon such terms and on such contingency as may be ex-
pressed therein, the power of sale therein contained shall
not be exercised until after June 1, 19, 37, except by and
with the consent of the record holders of not less than
25% of the entire unpaid mortgage debt secured by the
mortgage sought to be foreclosed, it being hereby declared
to be the intent of this Section that until after the said 1st
day of June, 1937, the holder or holders of a fractional
interest in the unpaid mortgage debt of less than 25%
of the entire amount thereof, shall not have recourse to
the summary and exparte remedies given under said
Section 6 of Article 66 as aforesaid. Where any holder of
a fractional interest in the entire unpaid mortgage debt
is an infant or otherwise incompetent, such consent may
be given by his guardian or committee as the case may be,
or if there is no such guardian or committee, then such
consent may be given by his next friend, and any consent
so given shall be as valid and effective for thes purpose of
this Act, as if such holder were not under any disability.

SEC. 2. And be it further enacted, That this Act shall
take effect June 1, 1935.

Approved April 25, 1935.

 

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Session Laws, 1935
Volume 579, Page 1091   View pdf image (33K)
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