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Session Laws, 1972
Volume 708, Page 379   View pdf image
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Marvin Mandel, Governor                            379

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 98, 99, and 100, inclusive, of Article 21 of the Anno-
tated Code of Maryland (1971 Supplement), title '"Conveyancing,"
subtitle "Defective Conveyances," be and the same are hereby re-
pealed 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, certify-
ing 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 encumbrancers without notice who may have become so prior
to July 1, [1971] 1972.

99.

All deeds, mortgages, releases, bonds of conveyances, bills of sale,
chattel mortgages and all other conveyances, of real or personal
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 Assembly
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 certifi-
cate of acknowledgment or affidavit of consideration is not in the
prescribed form, or on which the affidavit of agency, when the
affidavit of consideration is made by an agent, is not endorsed upon
said mortgage or deed of trust provided there is recorded among
the land records of the city or county where the land lies, either
prior to or after said mortgage or deed of trust, a certificate by
the mortgagee or beneficiary under a deed of trust certifying that
said agent [if] is in fact such agent and duly authorized to make
such affidavit, 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 deeds of
trust executed and recorded prior to July 1, [1971] 1972, in which
the affidavit of disbursement of loan was not in the prescribed form,
or was inadvertently omitted, 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 after-
wards paid, shall be and the same are hereby made valid, to all
intents and purposes as if the conveyances and agreements had
been acknowledged, 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

 

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Session Laws, 1972
Volume 708, Page 379   View pdf image
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