WILLIAM DONALD SCHAEFER, Governor Ch. 716

for a Certificate of Satisfaction; and generally relating to
the Certificate of Satisfaction and partial releases.

BY repealing and reenacting, with amendments,

Article - Real Property

Section 3-105 and 4-203

Annotated Code of Maryland

(1988 Replacement Volume and 1988 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.

(b)  A release may be endorsed on the original mortgage or
deed of trust by the mortgagee or his assignee, or the trustee or
his successor under a deed of trust. The mortgage or the deed of
trust, with the endorsed release, then shall be filed in the
office in which the mortgage or deed of trust is recorded. The
clerk shall record the release photographically, with an
attachment or rider affixed to it containing the names of the
parties as they appear on the original mortgage or deed of trust,
together with a reference to the book and page number where the
mortgage or deed of trust is recorded. When the mortgage or deed
of trust, with the attached release, is filed for the purpose of
recording the release, the clerk shall retain the mortgage or
deed of trust in his office and not permit it to be withdrawn for
25 years, after which time he may destroy it. If, however, the
clerk preserves a photographic copy of the release, he may permit
the original mortgage or deed of trust with the release to be
withdrawn.

(c)  At the option of the clerk of the court in whose office
the book form of recording is used, the release may be written by
the mortgagee, or his assignee, or the trustee, or his successor
under a deed of trust, on the record in the office where the
mortgage or deed of trust is recorded and attested by the clerk
of the court. At the time of recording any mortgage or deed of
trust, the clerk of the court in whose office the book form of
recording is used shall leave a blank space at the foot of the
mortgage or deed of trust for the purpose of entering such
release.

(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

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