Real Property - Recordation of Deeds - Certification of Preparation
The proposed law aims to change existing statutes in the Real Property article of the Annotated Code of Maryland, specifically regarding the certification requirements for deeds. By allowing parties other than attorneys to certify deeds for recordation, SB788 seeks to alleviate barriers currently faced by individuals and businesses when transferring property. This shift could empower more citizens to engage in property transactions independently, fostering a more dynamic and accessible real estate market in the state.
Senate Bill 788 aims to address the procedures surrounding the recordation of deeds in Maryland by prohibiting any representation that certification from an attorney is the sole method required for the recordation of certain deeds. This legislation intends to simplify the process of recording deeds by allowing for alternate forms of certification beyond what attorneys provide. The measure emphasizes the need for accessibility and flexibility in property transactions, thereby potentially reducing costs and time delays associated with legal certifications.
Some points of contention surrounding SB788 may include discussions on the quality of legal safeguards and protections that certification by an attorney traditionally provides. Critics may argue that this legislation could compromise the integrity of property transactions by opening the door to uncertified or inadequately prepared deeds. Additionally, concerns about the implications for clerks of the circuit courts, who will now be mandated to record deeds without attorney certification, could arise, especially regarding how this may affect their workload and responsibilities.