(a)   A mortgage or deed of trust may be released validly by any procedure
enumerated in this section.
  (b)   A release may be endorsed on the original mortgage or deed of trust by
the mortgagee or his assignee, the trustee or his successor under a
deed of trust, or by the holder of the debt or obligation secured by
the deed of trust. The mortgage or the deed of trust, with the endorsed
release, then shall be filed in the office in which the mortgage or
deed of trust is recorded. The clerk shall record the release
photographically, with an attachment or rider affixed to it containing
the names of the parties as they appear on the original mortgage or
deed of trust, together with a reference to the book and page number
where the mortgage or deed of trust is recorded.
  (c)   At the option of the clerk of the court in whose office the book form
of recording is used, the release may be written by the mortgagee, or
his assignee, or the trustee, or his successor under a deed of trust,
on the record in the office where the mortgage or deed of trust is
recorded and attested by the clerk of the court. At the time of
recording any mortgage or deed of trust, the clerk of the court in
whose office the book form of recording is used shall leave a blank
space at the foot of the mortgage or deed of trust for the purpose of
entering such release.
  (d)   (1)   When the debt secured by a deed of trust is paid fully or satisfied,
and any bond, note, or other evidence of the total indebtedness is
marked "paid" or "canceled" by the holder or his agent, it may
be received by the clerk and indexed and recorded as any other
instrument in the nature of a release. The marked note has the same
effect as a release of the property for which it is the security, as if
a release were executed by the named trustees, if there is attached to
or endorsed on the note an affidavit of the holder, the party making
satisfaction, or an agent of either of them, that it has been paid or
satisfied, and specifically setting forth the land record reference
where the original deed of trust is recorded.
    (2)   When the debt secured by a mortgage is paid fully or satisfied, and the
original mortgage is marked "paid" or "canceled" by the
mortgagee or his agent, it may be received by the clerk and indexed and
recorded as any other instrument in the nature of a release. The marked
mortgage has the same effect as a release of the property for which it
is the security, as if a release were executed by the mortgagee, if
there is attached to or endorsed on the mortgage an affidavit of the
mortgagee, the mortgagor, the party making satisfaction, or the agent
of any of them, that it has been paid or satisfied, and specifically
setting forth the land record reference where the mortgage is recorded.
    (3)   When the debt secured by a mortgage or deed of trust is paid fully or
satisfied, and the canceled check evidencing final payment or, if the
canceled check is unavailable, a copy of the canceled check accompanied
by a certificate from the institution on which the check was drawn
stating that the copy is a true and genuine image of the original check
is presented, it may be received by the clerk and indexed and recorded
as any other instrument in the nature of a release. The canceled check
or copy accompanied by the certificate has the same effect as a release
of the property for which the mortgage or deed of trust is the
security, as if a release were executed by the mortgagee or named
trustees, if:
      (i)   The party making satisfaction of the mortgage or deed of trust has:
        1.   Allowed at least a 60-day waiting period, from the date the mortgage
or deed of trust is paid fully or is satisfied, for the party satisfied
to provide a release suitable for recording;
        2.   Sent the party satisfied a copy of this section and a notice that,
unless a release is provided within 30 days, the party making
satisfaction will obtain a release by utilizing the provisions of this
paragraph; and
        3.   Following the mailing of the notice required under sub-subparagraph 2
of this subparagraph, allowed an additional waiting period of at least
30 days for the party satisfied to provide a release suitable for
recording; and
      (ii)   The canceled check or copy accompanied by the certificate contains the
name of the party whose debt is being satisfied, the debt account
number, if any, and words indicating that the check is intended as
payment in full of the debt being satisfied; and
      (iii)   There is attached to the canceled check or copy accompanied by the
certificate an affidavit made by a member of the Maryland Bar that the
mortgage or deed of trust has been satisfied, that the notice required
under subparagraph (i) of this paragraph has been sent, and
specifically setting forth the land record reference where the original
mortgage or deed of trust is recorded.
    (4)   When the debt secured by a mortgage or deed of trust is fully paid or
satisfied and the holder or the agent of the holder of the mortgage or
deed of trust note or other obligation secured by the deed of trust, or
the trustee or successor trustee under the deed of trust, executes and
acknowledges a certificate of satisfaction substantially in the form
specified under § 4-203(d) of this article, containing the name of
the debtor, holder, the authorized agent of the holder, or the trustee
or successor trustee under the deed of trust, the date, and the land
record recording reference of the instrument to be released, it may be
received by the clerk and indexed and recorded as any other instrument
in the nature of a release. The certificate of satisfaction shall have
the same effect as a release executed by the holder of a mortgage or
the named trustee under a deed of trust.
    (5)   When the holder of a mortgage or deed of trust note or other obligation
secured by the deed of trust has agreed to release certain property
from the lien of the mortgage or deed of trust and the holder or the
agent of the holder of the mortgage or deed of trust note or other
obligation secured by the deed of trust, or the trustee or successor
trustee under the deed of trust executes and acknowledges a certificate
of partial satisfaction or partial release substantially in the form
specified under § 4-203(e) of this article, containing the name of
the debtor, holder, the authorized agent of the holder, or the trustee
or successor trustee under the deed of trust, the date, the land record
recording reference of the instrument to be partially released, and a
description of the real property being released, it may be received by
the clerk and indexed and recorded as any other instrument in the
nature of a partial release. The certificate of partial satisfaction or
partial release shall have the same effect as a partial release
executed by the holder of a mortgage, the holder of the debt secured by
a deed of trust, or the named trustee under a deed of trust.
  (e)   A release of a mortgage or deed of trust may be made on a separate
instrument if it states that the mortgagee, holder of the debt or
obligation secured by the deed of trust, trustee, or assignee releases
the mortgage or deed of trust and states the names of the parties to
the mortgage or deed of trust and the date and recording reference of
the mortgage or deed of trust to be released. In addition, any form of
release that satisfies the requirements of a deed and is recorded as
required by this article is sufficient.
  (f)   (1)   A holder of a debt secured by a mortgage or deed of trust, or a
successor of a holder, may release part of the collateral securing the
mortgage or deed of trust by executing and acknowledging a partial
release on an instrument separate from the mortgage or deed of trust.
    (2)   A partial release shall:
      (i)   Be executed and acknowledged;
      (ii)   Contain the names of the parties to the mortgage or deed of trust, the
date, and the land record recording reference of the instrument subject
to the partial release; and
      (iii)   Otherwise satisfy the requirements of a valid deed.
    (3)   The clerk of the court shall accept, index, and record, as a partial
release, an instrument that complies with and is filed under this
section.
    (4)   Unless otherwise stated in an instrument recorded among the land
records, a trustee under a deed of trust may execute, acknowledge, and
deliver partial releases.
  (g)   If a full or partial release of a mortgage or deed of trust is recorded
other than at the foot of the recorded mortgage or deed of trust, the
clerk shall place a reference to the book and page number or other
place where the release is recorded on the recorded mortgage or deed of
trust.
  (h)   Unless otherwise expressly provided in the release, a full or partial
release that is recorded for a mortgage or deed of trust that is
re-recorded, amended, modified, or otherwise altered or affected by a
supplemental instrument and which cites the released mortgage or deed
of trust by reference to only the original recorded mortgage, deed of
trust, or supplemental instrument to the original mortgage or deed of
trust, shall be effective as a full or partial release of the original
mortgage or deed of trust and all supplemental instruments to the
original mortgage or deed of trust.
  (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, amendment, modification, or supplemental instrument to
the mortgage or deed of trust shall terminate or partially release any
related financial statements, but only to the extent that the financing
statements describe fixtures that are part of the collateral described
in the full or partial release.
|