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Session Laws, 1972
Volume 708, Page 1026   View pdf image
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1026                            Laws of Maryland                      [Ch. 349

4-107. Powers of attorney.

Every power of attorney executed by any person authorizing an
agent or attorney to sell and convey any property shall be executed
in the same manner as a deed and recorded with or prior to the deed
executed pursuant to the power of attorney. Any person executing
a deed as agent or attorney for another shall describe himself in and
sign the deed as agent or attorney. A power of attorney shall be
deemed to be revoked when the instrument containing the revoca-
tion is recorded in the office in which the deed should be recorded.

4-108. Abolition of straw deeds in certain cases.

(a)    Any interest in property may be conveyed by one or more
persons, as grantors, to themselves alone, or to himself or themselves
and another person or persons, as grantees, in joint tenancy, tenancy
in common or tenancy by the entireties without the use of a straw
man as an intermediate grantee-grantor. All such conveyances
whether made before or after the effective date hereof are ratified,
confirmed, and declared valid as having created the type of concur-
rent ownership that the conveyance purports to convey.

(b)    Any interest in property held by a husband and wife in
tenancy by the entireties may be conveyed, (1) by both acting joint-
ly, to themselves, or to themselves and another person or persons, in
joint tenancies or tenancy in common, (2) by both acting jointly,
to either husband or wife and another person or persons in joint
tenancy or tenancy in common, and (3) by either acting individu-
ally to the other in tenancy in severalty, without the use of a straw
man as an intermediate grantee-grantor. All such conveyances
whether made before or after the effective date hereof are ratified,
confirmed, and declared valid as having created the type of own-
ership that the conveyance purports to convey.

4-109. Defective Conveyances.

Unless the formal requisites of any instrument recorded before
July 1, 1972 JANUARY 1, 1973, are challenged in a judicial proceed-
ing commenced by July 1, 1973, the failure to comply with any such
formal requisites shall have no effect. Such formal requisites are:
defective acknowledgement, failure to attach any clerk's certificate,
omission of a notary seal or any other seal, lack of or improper
acknowledgement or affidavit of consideration OR AFFIDAVIT OF
AGENCY or disbursement, or omission of an attestation. Unless the
formal requisites of any instrument recorded on or after July 1, 1972
JANUARY 1, 1973 (whether or not such instrument was executed
on or after such date) are challenged in a judicial proceeding com-
menced within six months after it is recorded, the failure to comply
with such formal requisites shall have no effect. The formal require-
ments referred to in this Section for deeds or other instruments
recorded on or after July 1, 1972 JANUARY 1, 1973 are as set
forth in this Article.

Subtitle 2. Forms
4-201. General rule.

The forms contained herein, or forms to like effect, or any other
forms not inconsistent with the rules of law, shall be sufficient


 

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Session Laws, 1972
Volume 708, Page 1026   View pdf image
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