Md. Code Ann. » Maryland Code / Real Property

Md. Code Ann., Real Prop. § 4-109

§ 4-109

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§4–109.

    (a)    If an instrument was recorded before January 1, 1973, any failure of the instrument to comply with the formal requisites listed in this section has no effect, unless the defect was challenged in a judicial proceeding commenced by July 1, 1973.

    (b)    If an instrument is recorded on or after January 1, 1973, whether or not the instrument is executed on or after that date, any failure to comply with the formal requisites listed in this section has no effect unless it is challenged in a judicial proceeding commenced within six months after it is recorded.

    (c)    For the purposes of this section, the failures in the formal requisites of an instrument are:

        (1)    A defective acknowledgment;

        (2)    A failure to attach any clerk’s certificate;

        (3)    An omission of a notary seal or other seal;

        (4)    A lack of or improper acknowledgment or affidavit of consideration, agency, or disbursement;

        (5)    An omission of an attestation;

        (6)    A failure to name any trustee in a deed of trust; or

        (7)    A lack of or defective witness attestation to a power of attorney.


Notes of Decisions
Cited in 5 cases, 1997–2016 · leading case: Guttman v. Wells Fargo Bank
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Guttman v. Wells Fargo Bank (2011) md · cites it 6× “A motion to dismiss has been filed in each adversary proceeding disputing the trustee’s cause of action upon the basis that the lack of affidavit of consideration or missing information in the affidavit is cured pursuant to Md.Code Ann. Real Property Section 4-109.”
Marchese v. JPMorgan Chase Bank, N.A. (2013) mdd · cites it 2× “(West 2012); and (4) Md. Code Ann., Real Prop. § 4-109 (West 2012).”
Parker v. American Brokers Conduit (2016) mdd “Md. Code Ann., Real Prop. § 4-109 (c). The assignment from CitiMortgage to Fannie Mae was recorded on February 27, 2014.”
Ameriquest Mortgage Co. v. Paramount Mortgage Services, Inc. (2010) md · cites it 2× “” The Circuit Court rejected Petitioner’s argument that Respondent’s action was barred by the *659 “Curative Act” codified in Section 4-109 of the Real Property Article (R.”
Poole v. Hyatt (1997) md “), § 4-109(b) of the Real Property article, provides that, as to a deed recorded after January 1, 1973, any failure to comply with the formal requisites, including a defective acknowledgment, “has no effect unless it is challenged in a judicial proceeding commenced within six…”
— Md. Code Ann., Real Prop. § 4-109(b) — 2 cases
Guttman v. Wells Fargo Bank (2011) md “A motion to dismiss has been filed in each adversary proceeding disputing the trustee’s cause of action upon the basis that the lack of affidavit of consideration or missing information in the affidavit is cured pursuant to Md.Code Ann. Real Property Section 4-109.”
Poole v. Hyatt (1997) md “), § 4-109(b) of the Real Property article, provides that, as to a deed recorded after January 1, 1973, any failure to comply with the formal requisites, including a defective acknowledgment, “has no effect unless it is challenged in a judicial proceeding commenced within six…”
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