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Session Laws, 1959
Volume 642, Page 1050   View pdf image (33K)
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1050                             Laws of Maryland                       [Ch. 697

the Annotated Code of Maryland (1957 Edition), title "Mortgages",
sub-title "In General", to follow immediately after Section 30 thereof,
and to read as follows:

30A. In Charles County any person who owns or has any interest

in real estate or personal property on which a mortgage or deed of

trust exists may, after twenty days written notice, by registered or

certified mail to the person entitled to such encumbrance, apply to
'

the Circuit Court for Charles County to have the same released as

a lien on the property described in the encumbrance and owned by

the Petitioner; and upon proof that it IN CHARLES COUNTY,
ANY PERSON WHO OWNS OR HAS ANY INTEREST IN REAL
ESTATE ON WHICH A MORTGAGE OR DEED OF TRUST RE-
MAINS UNRELEASED OF RECORD TWENTY YEARS AFTER
THE DATE OF MATURITY OF SAID INSTRUMENT, OR TWEN-
TY YEARS AFTER THE DATE OF THE LAST PAYMENT
CALLED FOR IN SAID INSTRUMENT, SHALL HAVE THE
RIGHT TO FILE A BILL IN EQUITY RECITING THE ABOVE
FACTS. ALL PARTIES TO SAID INSTRUMENT, INCLUDING
BUT NOT LIMITED TO THE MORTGAGEE OR MORTGAGEES,
THEIR PERSONAL REPRESENTATIVES, SUCCESSORS OR
ASSIGNS, THE TRUSTEES, THEIR SUCCESSORS OR AS-
SIGNS, OR ANY PARTY NAMED IN THE INSTRUMENT,
THEIR PERSONAL REPRESENTATIVES, SUCCESSORS AND
ASSIGNS, SHALL BE MADE PARTIES TO THE BILL AND
SUMMONED OR SERVED WITH NOTICE BY PUBLICATION,
AS IN OTHER EQUITY CASES. UPON PROOF THAT THE
SAID INSTRUMENT OR INSTRUMENTS AND THE DEBT
THEREBY SECURED has been paid or discharged or upon its
appearing to the Court that more than twenty years have elapsed
since the maturity of the mortgage or deed of trust, raising a pre-
sumption of payment which has not been rebutted at the hearing, the
Court shall order the same to be entered by the Clerk on the margin
of the page in the book wherein the encumbrance is recorded, which
entry, when made, shall operate as a release of such mortgage or
deed of trust as to the property of the Petitioner.

Nothing herein shall be construed as affecting the debt secured
as between the parties to the mortgage or deed of trust.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.                        ,

Approved April 28, 1959.

CHAPTER 697
(House Bill 751)

AN ACT to repeal and re-enact, with amendments, Section 123 of
Article 2B of the Annotated Code of Maryland (1957 Edition),

Explanation: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law,
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.

 

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Session Laws, 1959
Volume 642, Page 1050   View pdf image (33K)
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