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Title
09 DEPARTMENT OF LABOR, LICENSING, AND
REGULATION
Subtitle 03 COMMISSIONER OF FINANCIAL
REGULATION
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Chapter
11 Recordation of Security Instruments
for Residential Property
Authority: Real Property Article, §§3-104.1,
Annotated Code of Maryland
.01 Definitions
A. In this chapter, the following terms
have the meanings indicated.
B. Terms Defined.
(1) "Mortgage lender licensee"
means a person licensed under Financial
Institutions Article, §§11-501-11-524,
Annotated Code of Maryland.
(2) "Mortgage loan" means
any loan or extension of credit secured
by residential property.
(3) "Mortgage originator licensee"
means an individual licensed under Financial
Institutions Article, §§11-601-11-618,
Annotated Code of Maryland.
(4) "Residential property"
has the meaning stated in Real Property
Article, §3-104.1, Annotated Code
of Maryland.
(5) "Security instrument"
means a mortgage, deed of trust, or
any other instrument securing a mortgage
loan.
(6) Single Family Dwelling Unit.
(a) "Single family dwelling unit"
means a structure principally designed
for the residential habitation of one
family.
(b) "Single family dwelling unit"
includes an individual residential condominium
unit within a larger structure or complex,
regardless of the total number of individual
units in that structure or complex.
(c) "Single family dwelling unit"
does not include a structure that:
(i) Is not intended, and has never been
used, for human habitation; or
(ii) Is intended for human habitation,
has never been occupied, but for which
a use and occupancy permit, if required,
has never been issued.
.02
Information in Recorded Security Instrument.
A. Licensee Information or Affidavit
in Lieu of Licensee Information.
(1) If a mortgage lender licensee is
named in the promissory note or agreement
evidencing a mortgage loan on a residential
property that is secured by a security
instrument to be recorded under Real
Property Article, §3-104.1, Annotated
Code of Maryland, the following information
shall be filed with the security instrument:
(a) The name of the mortgage lender
licensee; and
(b) The Maryland mortgage lender license
number of the mortgage lender licensee.
(2) If a mortgage originator licensee
originated the mortgage loan on residential
property that is secured by a security
instrument to be recorded under Real
Property Article, §3-104.1, Annotated
Code of Maryland, the following information
shall be filed with the security instrument:
(a) The name of mortgage originator
licensee; and
(b) The Maryland mortgage originator
license number of the mortgage originator
licensee.
(3) A person exempt or excepted from
the requirement to be licensed as a
Maryland mortgage lender shall file
an affidavit with the security instrument
to be recorded in lieu of mortgage lender
licensee information.
(4) A person exempt or excepted from
the requirement to be licensed as a
Maryland mortgage originator, or that
person's employer, shall file an affidavit
with the security instrument to be recorded
in lieu of mortgage originator licensee
information.
B. Information/Affidavit Form.
(1) Persons filing licensee information
or an affidavit in lieu of licensee
information under this regulation shall
use a form that is substantially the
same as the following:
Licensee Information or Affidavit Filed
in Accordance with Real Property Article,
§3-104.1, Annotated Code of Maryland
Licensee Information
Maryland Mortgage Lender Name:____________________________________________________
Maryland Mortgage Lender License Number:____________________________________________
Maryland Mortgage Originator Name:__________________________________________________
Maryland Mortgage Originator License
Number:__________________________________________
Affidavit in Lieu of Maryland Mortgage
Lender or Maryland Mortgage Originator
Licensee Information
(Check the box and complete the information
for the applicable selection(s) below.
As used herein, the term "Loan"
means the mortgage loan secured by the
security instrument attached hereto
[for subsequent filings insert: "or,
if no instrument is attached, by the
security instrument recorded at liber/book
______, folio/page ______"].)
Affidavit of Individual Mortgage Originator:
I, ________________________________
[Insert name of affiant], whose address
is _______________________________ [Insert
address of affiant], hereby affirm,
under the penalties of perjury, that
I am the individual who originated the
Loan and, in connection therewith, I
am exempt from the licensing requirements
under Financial Institutions Article,
§§11-601 through 11-618, Annotated
Code of Maryland.
Affidavit of Lender:
I, ________________________________
[Insert name of affiant], hereby affirm,
under the penalties of perjury, that
I am the [Insert Title] of _______________________________
[Insert the name of the lender (the
"Lender") that made the Loan].
The Lender's address is _______________________________
[Insert address of Lender]. I am duly
authorized by the Lender to execute
this affidavit. The Lender, in connection
with the Loan, is exempt from the licensing
requirements under Financial Institutions
Article, §§11-501 through
11-524, Annotated Code of Maryland.
Affidavit of Lender (on its own behalf
and on behalf of its employee who originated
the Loan):
I, ________________________________
[Insert name of affiant], hereby affirm,
under the penalties of perjury, that
I am the _______________________ [Insert
Title] of _______________________________
[Insert the name of the lender (the
"Lender") that made the Loan].
The Lender's address is _______________________________
[Insert address of Lender]. I am duly
authorized by the Lender to execute
this affidavit. The Lender, in connection
with the Loan, is exempt from the licensing
requirements under Financial Institutions
Article, §§11-501 through
11-524, Annotated Code of Maryland.
The employee of the Lender who originated
the Loan is exempt from the licensing
requirements under Financial Institutions
Article, §§11-601 through
11-618, Annotated Code of Maryland.
Affidavit of Mortgage Broker (on behalf
of its employee who originated the mortgage
loan):
I, _______________________________ [Insert
name of affiant], hereby affirm, under
the penalties of perjury, that I am
the _______________________________
[Insert title] of _______________________________
[Insert the name of the broker (the
"Broker") that brokered the
Loan]. The Broker's address is _______________________________
[Insert address of Broker]. I am duly
authorized by the Broker to execute
this affidavit. The employee of the
Broker, _______________________________
[Insert name of employee (the "Employee")],
is the individual who originated the
Loan. The Employee, in connection with
the Loan, is exempt from the licensing
requirements under Financial Institutions
Article, §§11-601 through
11-618, Annotated Code of Maryland.
I SOLEMNLY AFFIRM, under the penalties
of perjury and upon personal knowledge,
that the contents of the foregoing paper
are true. __________________Date _______________________________Signature
of Affiant (Signing on behalf of Lender)
_______________________________Print
Name and Title of Affiant ____________________________
Date ________________Signature of Affiant
(Individual Mortgage Originator) _______________________________Print
Name of Affiant __________________ Date
_______________________________ Signature
of Affiant (Signing on Behalf of Mortgage
Broker) _______________________________Print
Name and Title of Affiant
(2) The affidavit recorded with a security
instrument may be a duplicate of the
original affidavit.
(3) The person who employs the individual
who originated a mortgage loan to be
secured by the security instrument to
be recorded may provide the affidavit
recorded with the security instrument
under this regulation on behalf of that
employee.
C. Location and Subsequent Filings.
(1) Location. Except as provided in
§C(2) of this regulation, the licensee
information or affidavit shall be contained
in a separate sheet to be attached to
and recorded after the last page of
the security instrument and immediately
preceding the intake sheet.
(2) Subsequent Filing.
(a) If the licensee information or affidavit
required by this regulation is not attached
to the security instrument at the time
the security instrument is recorded,
the licensee information or affidavit
may be recorded separately as a supplemental
instrument, after the date the security
instrument is recorded, by the deed
of trust note holder, mortgagee, mortgage
assignee, deed of trust beneficiary,
or agent of any of the foregoing.
(b) An amendment adding or correcting
any information contained in the document
filing required by this regulation may
be recorded separately as a supplemental
instrument, after the date the security
instrument is recorded, by the deed
of trust note holder, mortgagee, mortgage
assignee, deed of trust beneficiary,
or agent of any of the foregoing.
(c) A subsequently filed document recorded
under this subsection shall contain:
(i) The date of the security instrument
securing the mortgage loan;
(ii) The address of the property subject
to the security instrument securing
the mortgage loan;
(iii) The name of the parties to the
security instrument securing the mortgage
loan;
(iv) The liber/book and folio/page number
for the security instrument securing
the mortgage loan; and
(v) The original principal amount of
the mortgage loan secured by the security
instrument.
(d) A subsequently filed document recorded
under this subsection shall be acknowledged
before a notary public.
(e) The subsequent filing shall be indexed
in the Grantor Index in the land records
as to the grantor or mortgagor.
Administrative History
Effective date:
Regulation .01 adopted as an emergency
provision effective April 10, 2008 (35:10
Md. R. 970); emergency status extended
at 35:23 Md. R. 2012
Regulation .02 adopted as an emergency
provision effective May 23, 2008 (35:13
Md. R. 1177); emergency status extended
at 35:23 Md. R. 2012
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Regulations .01 and .02 adopted effective
December 29, 2008 (35:26 Md. R. 2247)
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