ROBERT L. EHRLICH, JR., Governor

Ch. 203

(III) THE TRANSFEROR HAS SATISFIED THE TRANSFEROR'S TAX
LIABILITY DESCRIBED IN SUBSECTION (C) OF THIS SECTION OR HAS PROVIDED
ADEQUATE SECURITY TO COVER SUCH LIABILITY;

(3) THE PROPERTY IS TRANSFERRED PURSUANT TO:

(I) FORECLOSURE OF A MORTGAGE, DEED OF TRUST, OR OTHER
LIEN INSTRUMENT; OR

(II) A DEED IN LIEU OF FORECLOSURE;

(4) THE PROPERTY IS TRANSFERRED BY THE UNITED STATES, THE
STATE, OR A UNIT OR POLITICAL SUBDIVISION OF THE STATE; OR

(5) A CERTIFICATION UNDER PENALTIES OF PERJURY THAT THE
PROPERTY BEING TRANSFERRED IS THE TRANSFEROR'S PRINCIPAL RESIDENCE IS
PROVIDED BY EACH TRANSFEROR IN:

(I) THE RECITALS OR THE ACKNOWLEDGMENT OF THE DEED OR
OTHER INSTRUMENT OF WRITING TRANSFERRING THE PROPERTY TO THE
TRANSFEREE; OR

(II) AN AFFIDAVIT SIGNED BY THE TRANSFEROR OR BY AN AGENT
OF THE TRANSFEROR THAT ACCOMPANIES AND IS RECORDED WITH THE DEED OR
OTHER INSTRUMENT OF WRITING TRANSFERRING THE PROPERTY.

(E) (1) EXCEPT AS PROVIDED IN THIS SECTION, THE AMOUNTS DESCRIBED
IN SUBSECTION (C) OF THIS SECTION SHALL BE COLLECTED BY THE CLERK OF THE
CIRCUIT COURT FOR A COUNTY OR THE DEPARTMENT OF ASSESSMENTS AND
TAXATION WHEN THE DEED OR OTHER INSTRUMENT OF WRITING IS PRESENTED
FOR RECORDATION OR FILING.

(2) WITHIN 30 BUSINESS DAYS AFTER THE DATE THE AMOUNT PAYABLE
UNDER SUBSECTION (C) OF THIS SECTION IS PAID, THE CLERK OF THE CIRCUIT
COURT FOR THE COUNTY OR THE DEPARTMENT OF ASSESSMENTS AND TAXATION
SHALL PAY OVER TO THE COMPTROLLER THE AMOUNT COLLECTED UNDER
SUBSECTION (C) OF THIS SECTION AS PRESCRIBED BY THE COMPTROLLER

(F) (1) AMOUNTS COLLECTED UNDER SUBSECTION (C) OF THIS SECTION
AND PAID OVER TO THE COMPTROLLER UNDER SUBSECTION (E) OF THIS SECTION
SHALL BE DEEMED TO HAVE BEEN PAID TO THE COMPTROLLER ON BEHALF OF THE
TRANSFEROR FROM WHOM THE AMOUNTS WERE WITHHELD.

(2) THE TRANSFEROR SHALL BE CREDITED WITH HAVING PAID THE
AMOUNTS FOR THE TAXABLE YEAR IN WHICH THE TRANSACTION THAT IS THE
SUBJECT OF THE TAX OCCURRED.

(G) THE TRANSFEREE, TITLE INSURANCE PRODUCER TITLE INSURER
SETTLEMENT AGENT, CLOSING ATTORNEY, LENDING INSTITUTION, AND REAL
ESTATE AGENT OR BROKER IN ANY TRANSACTION SUBJECT TO THIS SECTION ARE
NOT LIABLE FOR ANY AMOUNTS REQUIRED TO BE COLLECTED AND PAID OVER TO
THE COMPTROLLER UNDER THIS SECTION.

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