SB 154
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 154 (Senator West)
Judicial Proceedings Environment and Transportation
Real Property - Recordation of Deeds - Assignments of Rents and Assignments of
Leases for Security Purposes
This bill authorizes an assignment of rents or an assignment of leases for security purposes
that is prepared by any attorney or one of the parties named in the instrument to be recorded
without certification, as specified.
Fiscal Summary
State Effect: The bill does not materially affect State operations or finances.
Local Effect: The bill does not materially affect the operations or finances of the circuit
courts or local governments.
Small Business Effect: Minimal.
Analysis
Current Law/Background: A deed other than a mortgage, deed of trust, or an assignment
or release of a mortgage or deed of trust may not be recorded unless the instrument bears
either (1) the certification of an attorney admitted to the Bar of this State that the instrument
has been prepared by the attorney or under the attorney’s supervision or (2) a certification
by a party named in the instrument that the instrument was prepared by that party. For
purposes of the certification, “under the attorney’s supervision” includes review of an
instrument by the certifying attorney.
A mortgage, deed of trust, or an assignment or release of a mortgage or deed of trust
prepared by any attorney or one of the parties named in the instrument may be recorded
without the required certification.
Generally, “deed” includes any deed, grant, mortgage, deed of trust, lease, assignment, and
release, pertaining to land or property or any interest in property.
In addition to the State requirements, individual jurisdictions may have similar
requirements in public local laws or ordinances.
Additional Information
Prior Introductions: SB 980 of 2019 received a hearing in the Senate Judicial
Proceedings Committee, but no further action was taken.
Designated Cross File: HB 1084 (Delegate Holmes) - Environment and Transportation.
Information Source(s): Judiciary (Administrative Office of the Courts); Department of
Legislative Services
Fiscal Note History: First Reader - January 21, 2020
af/jkb Third Reader - February 11, 2020
Analysis by: Donavan A. Ham Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 154/ Page 2


Statutes affected:
Text - First - Real Property - Recordation of Deeds - Assignments of Rents and Assignments of Leases for Security Purposes: 1-101 Real Property, 3-104 Real Property
Text - Third - Real Property - Recordation of Deeds - Assignments of Rents and Assignments of Leases for Security Purposes: 1-101 Real Property, 3-104 Real Property