Maryland Code § RP-7-101

Section RP-7-101
Open in Lexace · Ask the AI about this section
(a) Every deed which by any other writing appears to have been intended
only as security for payment of an indebtedness or performance of an obligation,
though expressed as an absolute grant is considered a mortgage. The person for
whose benefit the deed is made may not have any benefit or advantage from the
recording of the deed, unless every other writing operating as a defeasance of it, or
explanatory of its being intended to have the effect only of a mortgage, also is recorded
in the same records at the same time.

(b) Subsection (a) of this section is not applicable to the grant of a security
interest in a mortgage by a mortgagee, or one of several mortgagees, or any assignee
of his interest in a mortgage as security for payment of an indebtedness or
performance of an obligation. Such a transaction is governed by Title 9 of the
Maryland Uniform Commercial Code.
(c) Notwithstanding any provision of Title 9 of the Maryland Uniform
Commercial Code to the contrary, if a security interest in a mortgage was attached
and perfected before July 1, 2001, in accordance with subsection (b) of this section as
in effect before July 1, 2001, then the security interest shall continue to be perfected
after July 1, 2001, without the need for any additional filing in the land records in
the county where the mortgage is recorded, and without the need for any additional
filing otherwise required under Title 9 of the Maryland Uniform Commercial Code.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.