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Session Laws, 1972
Volume 708, Page 1038   View pdf image
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1038                            Laws of Maryland                      [Ch. 349

This subsection (d) shall permit the foreclosure sale, when authorized
in the mortgage or deed of trust and disclosed in the required adver-
tisements of the sale, to be made subject to any one or more of the
existing tenancies. Any lease so continuing shall be unaffected by
the sale, except the purchaser shall become the landlord, as of the date
of the sale, upon ratification of the sale.

(e) Effect of foreclosure on annual crops.

Whenever any property is encumbered by a mortgage or deed of
trust, except when it is otherwise agreed by the terms thereof, no
annual crops pitched or cultivated by any debtor therein or those
claiming under him shall pass with the said property at any sale
under or by virtue of said mortgage or deed of trust, but such crops
shall remain the property of the said debtor, or those claiming under
him, subject, however, to the following:

(i) After the sale the debtor, or those claiming under him, and the
purchaser at such sale, or those claiming under him, may agree upon
a reasonable rental of the part of the property occupied by the crops,
and the rental so agreed upon shall be and remain a lien upon the
crops until paid in favor of the purchasers or those claiming under
him, nor shall the crops or any part thereof be removed until after
payment. In case the parties are unable to agree upon or for such
rental, any party in interest may apply to the court having jurisdic-
tion over the sale or the confirmation thereof for the appointment
of disinterested appraisers to determine the rental, whose award shall
be final.

(ii) The purchaser or those claiming under him, shall, in addition
to his other remedies, have the right to distrain for the rental or
any part thereof remaining due, as in the case of landlord and tenant,
upon the ascertainment thereof; nothing contained herein shall in-
terfere with the right of the purchaser, or those claiming under him,
to have possession of the property, except as to the part thereof oc-
cupied by the said crop or crops, with right of necessary ingress or
egress.

7-106. Releases.

(a)    Prohibition against release fee not specified in instrument.

No trustee of a deed of trust shall charge, demand, or receive
any money or any other thing of value for the partial or complete
release thereof in excess of $25 $15 except such fee as may be specified
in the instrument. Any person found guilty of a violation of this
section shall be guilty of a misdemeanor and shall upon conviction
be fined not more than one hundred dollars ($100.00).

(b)    Furnishing evidence of recorded release of mortgage or deed
of trust.

(1) Duty of person responsible for disbursement of funds in
real estate conveyance.
When a person has undertaken responsibility
for the disbursement of funds in connection with the conveyance
of title to property, it shall be the duty of such person to furnish
to the seller and buyer in the transaction, the original or a photo-
graphic, photostatic or similarly reproduced copy of the recorded
release of any mortgage or deed of trust which such person was ob-
liged to obtain and record with all or part of the funds to be dis-


 

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Session Laws, 1972
Volume 708, Page 1038   View pdf image
 Jump to  
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