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Session Laws, 1997
Volume 795, Page 3536   View pdf image
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Ch. 633

1997 LAWS OF MARYLAND

(3) SUBJECT TO SUBSECTION (B) OF THIS SECTION, AFTER THE DAY ON
WHICH THE DEED EXECUTED PURSUANT TO THE POWER OF ATTORNEY IS
RECORDED.

(B)     A POWER OF ATTORNEY MAY BE RECORDED AFTER THE DAY ON WHICH
THE DEED EXECUTED PURSUANT TO THE POWER OF ATTORNEY IS RECORDED, IF:

(1)     THE POWER OF ATTORNEY IS BOTH DATED AND ACKNOWLEDGED
ON OR BEFORE THE EFFECTIVE DATE OF THE DEED EXECUTED PURSUANT TO THE
POWER OF ATTORNEY;

(2) THE POWER OF ATTORNEY HAS NOT BEEN REVOKED WITH RESPECT TO
THE PERIOD OF TIME UP TO AND INCLUDING THE DATE OF RECORDING OF THE DEED IN
ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (C) OF THIS SECTION;
AND

(2)     (3) THE DEED, OR A RECORDED INSTRUMENT OF WRITING
SUPPLEMENTING THE DEED CONTAINS AN AFFIDAVIT OR CERTIFICATION BY THE
AGENT OR ATTORNEY-IN-FACT NAMED IN THE POWER OF ATTORNEY, STATING
SUBSTANTIALLY, THAT THE AGENT OR ATTORNEY-IN-FACT DID NOT HAVE, AT THE
TIME OF THE EXECUTION OF THE DEED PURSUANT TO THE POWER OF ATTORNEY,
ACTUAL KNOWLEDGE OF THE REVOCATION OF THE POWER OF ATTORNEY, BY
DEATH OF THE PRINCIPAL OR, IF APPLICABLE, BY THE SUBSEQUENT DISABILITY OR
INCOMPETENCE OF THE PRINCIPAL.

(C)     Any person executing a deed as agent or attorney for another shall describe
himself in and sign the deed as agent or attorney. A power of attorney is deemed to be
revoked when the instrument containing the revocation is recorded in the office where
the deed should be recorded.

4-111.

(A)     (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)     "LENDER" MEANS A PERSON HOLDING AN INTEREST IN OR LIEN ON
PROPERTY PURSUANT TO A MORTGAGE OR DEED OF TRUST.

(3)     "SUBORDINATION AGREEMENT" MEANS AN AGREEMENT
ESTABLISHING PRIORITIES:

(I)      BETWEEN OR AMONG LENDERS; OR

(II)     BETWEEN OR AMONG A LENDER AND ANY OTHER PERSON OR
PERSONS HOLDING AN INTEREST IN PROPERTY.

(B)     A LENDER MAY SUBORDINATE ITS INTEREST UNDER A MORTGAGE OR
DEED OF TRUST TO THE INTEREST OF ANOTHER LENDER OR TO THE PROPERTY
INTEREST OF A PERSON, THROUGH EXECUTION OF A SUBORDINATION AGREEMENT
ON BEHALF OF THE SUBORDINATING LENDER BY:

(1) AS TO A LENDER SECURED BY A MORTGAGE, THE MORTGAGEE OR
ASSIGNEE; OR

- 3536 -

 

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Session Laws, 1997
Volume 795, Page 3536   View pdf image
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