Ch. 656

LAWS OF MARYLAND

CHAPTER 656

(House Bill 61)

AN ACT concerning

Real Property - Release of a Mortgage or Deed of Trust

FOR the purpose of establishing an additional procedure for
releasing a mortgage or deed of trust; authorizing the clerk
of the court to index and record a canceled check evidencing
final payment of a debt secured by a mortgage or deed of
trust; giving a canceled check a certain effect if certain
conditions are met, it contains certain information, and is
accompanied by a certain affidavit; and generally relating
to releases of mortgages and deeds of trust.

BY repealing and reenacting, without amendments,

Article - Real Property

Section 3-105(a)

Annotated Code of Maryland

(1981 Replacement Volume and 1986 Supplement)

BY repealing and reenacting, with amendments,

Article - Real Property

Section 3-105(d)

Annotated Code of Maryland

(1981 Replacement Volume and 1986 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

3-105,

(a) A mortgage or deed of trust may be released validly by
any procedure enumerated in this section.

(d) (1) When the debt secured by a deed of trust is paid
fully or satisfied, and any bond, note, or other evidence of the
total indebtedness is marked "paid" or "cancelled" by the holder
or his agent, it may be received by the clerk and indexed and
recorded as any other instrument in the nature of a release. The
marked note has the same effect as a release of the property for
which it is the security, as if a release were executed by the
named trustees, if there is attached to or endorsed on the note
an affidavit of the holder, the party making satisfaction, or an
agent of either of them, that it has been paid or satisfied, and

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