ROBERT L. EHRLICH, JR., Governor                             Ch. 410

(3)     the property TRANSFER is [transferred pursuant to]:

(i) A TRANSFER PURSUANT TO A foreclosure of a mortgage, deed of
trust, or other lien instrument; or

(ii) A TRANSFER PURSUANT TO 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; OR

(6)     THE PROPERTY IS TRANSFERRED PURSUANT TO A DEED OR OTHER
INSTRUMENT OF WRITING THAT INCLUDES A STATEMENT OF CONSIDERATION
REQUIRED BY § 12-104 OF THE TAX - PROPERTY ARTICLE INDICATING THAT THE
CONSIDERATION PAYABLE IS ZERO.

(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.

(h) This section does not:

(1) impose any tax on a transferor or affect any liability of the transferor
for any tax; or

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