3086

VETOES

providing that an attorney who is a member of the
Client Security Trust Fund may provide this

certification under certain circumstances; and

prohibiting the recording of a deed without the
required certification.
May 29, 197 8

Honorable Steny H. Hoyer

President of the Senate

State House

Annapolis, Maryland 21404

Dear Mr. President:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed Senate Bill 1109.

This bill provides that title to real property may not
be transferred on the assessment books until all taxes,
assessments, and charges due to a municipality have been
paid- It further provides that the settlement attorney's
certification that he has paid all of these charges is
sufficient authority to transfer the title. Finally, the
bill exempts Montgomery County from its requirements.

It is standard procedure for a settlement attorney to
check the status of all taxes and charges on the real
property which is to be transferred from one person to
another. Only in this manner may he ensure that clear title
to the property is conveyed.

However, I fear that the enactment of Senate Bill 1109
will cause an inconvenience to the public. The real estate
market for residential properties is very fluid in our
State, as it is in many other States. It is not uncommon
for a family to move from one home to another, within the
State, or between jurisdictions, in the space of a few
years. In most of these cases, the family is in the
position of having sold a house and purchased another at the
same time.

Criticism in the past has been leveled against the
overall cost of settlement on real property in Maryland. I
believe that Senate Bill 1109 may indirectly contribute to
the higher cost of settlement on a home, although that is
not its intention. And perhaps the harshest burden which
the bill may cause is a delay in the final disposition of a
settlement and therefore the final disbursement of funds to
the parties.

Senate Bill 1109 is intended to ensure that all
municipal taxes are paid before real property is
transferred. In fact, current law requires that all public
taxes, assessments, and charges must be paid to the
treasurer, tax collector, or finance director of the county