PARRIS N. GLENDENING, Governor

Ch. 364

B.      The date the superior mortgage or deed of trust was
recorded; and

C.      The office, docket or book, and page where the superior
mortgage or deed of trust is recorded.

(iii) Failure 1. EXCEPT AS PROVIDED IN SUB-SUBPARAGRAPH 2 OF
THIS SUBPARAGRAPH, FAILURE of a holder of a subordinate mortgage, deed of trust, or
other subordinate interest to record a request for notice under this paragraph does not
affect the duty of a holder of a superior interest to provide notice as required under this
subsection.

2. A HOLDER OF A SUPERIOR INTEREST DOES NOT HAVE A
DUTY TO PROVIDE NOTICE TO A CONDOMINIUM COUNCIL OF UNIT OWNERS OR
HOMEOWNERS ASSOCIATION THAT HAS NOT FILED A REQUEST FOR NOTICE UNDER
THIS PARAGRAPH.

[(3)] (4) The person giving notice under this subsection shall file in the
action:

(i) The return receipt from the notice; or

(ii) An affidavit that:

1.       The notice provisions of this subsection have been complied
with; or

2.       The address of the holder of the subordinate interest is not
reasonably ascertainable.

[(4)] (5) The person authorized to make a sale in an action to foreclose a
mortgage or deed of trust is not required to give notice to the holder of a subordinate
mortgage, deed of trust, or other subordinate interest if:

(i) The existence of the mortgage, deed of trust, or other subordinate
interest is not reasonably ascertainable;

(ii) The identity or address of the holder of the mortgage, deed of
trust, or other subordinate interest is not reasonably ascertainable;

(iii) With respect to a recorded or filed subordinate mortgage, deed of
trust, or other recorded or filed subordinate interest, the recordation or filing occurred
after the later of:

1.       30 days before the day on which the foreclosure sale was
actually held; and

2.       The date the action to foreclose the mortgage or deed of
trust was filed; or

(iv) With respect to an unrecorded or unfiled subordinate mortgage,
deed of trust, or other unrecorded or unfiled subordinate interest, the subordinate
interest was created after the later of:

- 2493 -