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Session Laws, 1961
Volume 654, Page 38   View pdf image (33K)
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38                                Laws of Maryland                        [Ch. 38

ances", validating certain defective deeds, mortgages, bonds of
conveyances, bills of sale and other conveyances; and clarifying
the provisions of Section 100 thereof.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 98, 99 and 100 of Article 21 of the Annotated Code
of Maryland (1960 Supplement), title "Conveyancing", sub-title
"Defective Conveyances", be and they are hereby repealed and re-
enacted with amendments to read as follows:

98.    All deeds of conveyance of property in this State which may
have been recorded without any certificate of the clerk of any of the
courts of this State accompanying the acknowledgment thereof, in
cases in which such certificates are necessary and proper, certifying
to the official character and signature of the justice of the peace
taking the same, and all deeds of conveyance of property in this
State which may have been recorded without the seal of the notary
public before whom the acknowledgment was taken, having been
first attached, when the grantor resided in another state, and the
acknowledgment was made in that state, shall be valid to all intents
and purposes as if such defect and omission did not exist; provided,
that the execution and acknowledgment of such deeds in all other
respects conform to the laws of the State, in such cases made and
provided; saving, nevertheless, the rights of bona fide purchasers
and encumbrances without notice who may have become so prior to
June 1, [1959] 1961.

99.    All deeds, mortgages, releases, bonds of conveyances, bills of
sale, chattel mortgages and all other conveyances, or real or per-
sonal property, or of any interest therein or agreements relating
thereto which may have been executed, acknowledged or recorded in
the State subsequent to the passage of the act of the General Assem-
bly of Maryland passed at its January Session, 1858, Chapter 208,
which may not have been acknowledged according to the laws exist-
ing at the time of said acknowledgment, or which may not have been
acknowledged before a proper officer, or in which the certificate of
acknowledgment or affidavit of consideration is not in the prescribed
form, or in which the official character of the officer taking the
acknowledgment is not set out in the body of the certificate, or has
not been certified to as required by law, or in which the conveyance
has not been witnessed to or sealed by an individual or corporation
as required by law, or any deed heretofore made to or from a cor-
poration prior to the payment of the bonus tax which was afterwards
paid, shall be and the same are hereby made valid, to all intents and
purposes as if the conveyances and agreements had been acknowl-
edged, certified to, witnessed and sealed according to law; providing
the said deeds, mortgages, bonds of conveyances, bills of sale and
other conveyances and agreements are in other respects in con-
formity with the laws; provided, further, that nothing in this section
shall affect the interest of bona fide purchasers or creditors without
notice, who may have become so previous to June 1, [1959]] 1961.

100.    Any assignment of any mortgage, which assignment has
been heretofore executed and recorded, but which has not been
sealed and in which no mention of any seal has been made or in
which either of such defects, or any mortgage, or assignment of
mortgage sworn to or not sworn to at all, shall be and they are
hereby made valid to all intents and purposes, as if said mortgage

 

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Session Laws, 1961
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