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Martin O'Malley, Governor
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Ch. 20
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FOR the purpose of authorizing a security instrument to be released in a certain manner,
provide a release; altering the persons who are authorized to prepare and recordtransfer; providing a form for a certain affidavit certain persons to prepare and
record a statutory release affidavit when the debt secured by a mortgage, deed
of trust, or lien instrument is paid fully or satisfied and the party satisfied fails
to provide a release suitable for recording: providing for the effect of a statutory
release affidavit; requiring a person to send a certain notice in a certain manner
to the party satisfied and allow a certain waiting period before recording a
statutory release affidavit: requiring a statutory release affidavit to be in a
certain form and be accompanied by certain evidence of payment: making a
certain technical correction; defining a certain term: and generally relating to
recording of releases of mortgages, security instruments, and deeds of trust, and
lien instruments.
BY repealing and reenacting, with amendments,
Article - Real Property
Section 3-105(a) and (d)(3)(i)
Annotated Code of Maryland
(2003 Replacement Volume and 2006 Supplement)
BY adding to
Article - Real Property
Section 3-105.2
Annotated Code of Maryland
(2003 Replacement Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Real Property
3-105.
(a) A mortgage, SECURITY INSTRUMENT; or deed of trust may be released
validly by any procedure enumerated in this section OR § 3-105.2 OF THIS
SUBTITLE.
(i) Unless otherwise expressly provided in the release, a full or partial
release that is recorded for a mortgage or deed of trust, or for any re-recording.
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-749-
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