WILLIAM DONALD SCHAEFER, Governor
Ch. 36
(i) All public taxes, assessments, and charges due on the property
have been paid to the treasurer, tax collector, or director of finance of the county in which
the property is assessed; and
(ii) All taxes on personal property in the county due by the transferor
have been paid when all land owned by him in the county is being transferred.
(2) The certificate of the collecting agent designated by law, showing that all
taxes, assessments, and charges have been paid, shall be endorsed on the deed, and the
endorsement shall be sufficient authority for transfer on the assessment books.
(3) Except as provided in subsection (c), in Cecil, Charles, Dorchester,
Harford, HOWARD, Kent, Queen Anne's, Somerset, and St. Mary's Counties no property
may be transferred on the assessment books or records until (1) all public taxes,
assessments, any charges due a municipal corporation, and charges due on the property
have been paid as required by law, and (2) all taxes on personal property in the county
due by the transferor have been paid when all land owned by him in the county and
municipal corporation is being transferred. The certificate of the collecting agent and
municipal corporation designated by law showing that all taxes, assessments, and charges
have been paid, shall be endorsed on the deed and the endorsement shall be sufficient
authority for transfer on the assessment books.
(c) (1) The requirements for prepayment of personal property taxes in
subsection (b) do not apply to grants of land made by or on behalf of any of the following:
any mortgagee, lien creditor, trustee of a deed of trust, judgment creditor, trustee in
bankruptcy or receiver, and any other court-appointed officer in an insolvency or
liquidation proceeding.
(2) Subsection (b) does not apply in Charles, St. Mary's, Dorchester,
Harford, HOWARD, Kent, Prince George's, Worcester, Carroll, Montgomery, Frederick
and Washington Counties to any deed executed as a mere conduit or for convenience in
holding and passing title, known popularly as a straw deed or, as provided in § 4-108, a
deed making a direct grant in lieu of a straw deed, or to a deed which is a supplementary
instrument merely confirming, correcting, or modifying a previously recorded deed, if
there is no actual consideration paid or to be paid for the execution of the supplementary
instrument.
(3) Subsection (b) does not apply in Anne Arundel, Baltimore, Carroll,
Frederick, or Washington Counties to any deed transferring property to the county when
the controller or treasurer of the county has certified that the conveyance does not impair
the security for any public taxes, assessments, and charges due on the remaining property
of the grantor.
(4) (i) Property may be transferred on the assessment books or records in
July, August, or September if instead of paying the taxes required under subsection (b)(1)
of this section on a property transfer by assumption, a lender or the attorney handling the
transfer of title files with the county treasurer, tax collector, or director of finance of the
county in which the property is assessed a statement that certifies that the lender
maintains a real estate tax escrow account.
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