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1990 Clerk Advice files

DATE

DESCRIPTION

01/04/1990
File Size: 117KB

Land Records – Releases – assignments of mortgage do not have to be entered in same fashion as releases

01/25/1990
File Size: 246KB

Land Records – Releases – release of a deed of trust using paid or canceled note with affidavit pursuant to Real Prop. §3-105(d)(1)

02/06/1990
File Size: 94KB

Land Records – Indexing – partnership and partner names

02/15/1990
File Size: 563KB

Administrative – juror compensation should not be reported to the IRS on a Form W-2, but may have to be reported on a Form 1099-Miscellaneous if total compensation exceeds $600

02/16/1990
File Size: 477KB

Land Records – Recordation & Transfer Taxes – agricultural credit associations are federal instrumentalities, such that deeds, mortgages, and deeds of trust to them are exempt under Tax-Prop. §12-108(a)(1)

02/19/1990
File Size: 136KB

Business Licenses – only licenses issued to palm readers, fortune tellers, and soothsayers in Cecil, Charles, and Calvert Counties are subject to the reporting requirements under the Federal Drug Enforcement Act of 1990

02/28/1990
File Size: 227KB

Administrative – courts are not required to provide remote access to electronic court records

03/02/1990
File Size: 495KB

Records – Access to Public Records – inspection and copying of an Initial Appearance Questionnaire completed by District Court commissioner

03/29/1990
File Size: 275KB

Land Records – Prerequisites to Recording – supplemental instrument that corrects a prior deed to add additional acreage must be processed like a new deed of the additional acreage

04/16/1990
File Size: 655KB

Land Records – Recordation & Transfer Taxes – calculating recordation tax on supplements to mortgages and deeds of trust (SUPERSEDED BY 04/01/2005)

04/24/1990
File Size: 203KB

Land Records – Recordation & Transfer Taxes – memorandum of lease does not have to contain statement of consideration payable, but underlying lease does

05/10/1990
File Size: 92KB

Land Records – Recordability – collateral assignment of yacht club membership is not recordable in Land Records

05/24/1990
File Size: 75KB

Land Records – Recordation & Transfer Taxes – calculating recordation tax on supplements to mortgages and deeds of trust (SUPERSEDED BY 04/01/2005)

05/29/1990
File Size: 78KB

Land Records – Recordation & Transfer Taxes – deed to the Resolution Trust Corporation (RTC) is exempt under Tax-Prop. §12-108(a)

06/06/1990
File Size: 162KB

Land Records – Recordation & Transfer Taxes – reverse annuity mortgages may have tax paid on debt incurred plus a prepayment of debt expected to be incurred (or may pay on maximum amount secured)

06/13/1990
File Size: 162KB

Land Records – Recordation & Transfer Taxes – both 30-day rules must be satisfied to claim purchase money mortgage exemption under Tax-Prop. §12-108(i)

06/18/1990
File Size: 112KB

Land Records – Releases – release must satisfy the requirements of one of the provisions of Real Prop. §3-105 in order to be recordable

06/18/1990
File Size: 112KB

Land Records – Recordability – instrument with new notarial acknowledgment and new legal description is a supplemental instrument, not a re-recording

06/29/1990
File Size: 45KB

Land Records – Recordability – certified copy of previously recorded instrument may be recorded in lieu of the original instrument

07/16/1990
File Size: 222KB

Civil – Foreign Judgments – foreign attorney may sign required affidavit and file foreign judgment, but must be admitted pro hac vice or have a Maryland attorney take over in order to take enforcement actions

07/16/1990
File Size: 222KB

Civil – Adoptions – Clerk to report all adoption decrees to Division of Vital Records, but is not authorized or required to forward adoption decrees to another state or foreign country (adoptive parents or their attorney is to obtain an appropriately authenticated copy and take it to the foreign jurisdiction)

08/03/1990
File Size: 390KB

Land Records – Recordation & Transfer Taxes – partial exemption from state transfer tax is to be applied first to purchaser's tax liability, but any remainder can be applied against seller's tax liability once purchaser's liability reduced to zero

08/15/1990
File Size: 109KB

Land Records – Recordability – cable television service agreement is recordable in Land Records if it contains a grant of an easement

08/15/1990
File Size: 109KB

Land Records – Recordation & Transfer Taxes – instrument granting an easement is subject to recordation and transfer taxes, and must have a statement of consideration

08/17/1990
File Size: 67KB

Land Records – Recordation & Transfer Taxes – consideration for a deed in lieu of foreclosure of a junior mortgage includes not only the amount of junior debt forgiven, but also the amount of senior debt effectively assumed

08/20/1990
File Size: 401KB

Land Records – Recordability – license agreement is usually not recordable in Land Records

08/20/1990
File Size: 401KB

Land Records – Recordability – memorandum or other short form of an instrument is not recordable in Land Records in lieu of the original instrument, except as specifically authorized by statute

09/10/1990
File Size: 124KB

Land Records – Recordation & Transfer Taxes – deed of trust granted to a federal credit union is not exempt from recordation tax

10/18/1990
File Size: 784KB

Records – Access to Public Records – criminal court records

10/25/1990
File Size: 135KB

Civil – Judgments – renewal of judgment usually must have a certificate of service for the Clerk to accept it for filing

10/25/1990
File Size: 135KB

Civil – Foreign Judgments – certified copy of foreign judgment filed in one county may be filed in another county in lieu of the original foreign judgment

11/08/1990
File Size: 82KB

Land Records – Recordation & Transfer Taxes – instrument granting any estate or interest in real property, including an easement, is subject to recordation and transfer taxes

11/15/1990
File Size: 356KB

Land Records – Recordation & Transfer Taxes – deed from one partnership to another partnership composed of the same partners is subject to recordation and transfer taxes (SUPERSEDES 03/02/1978)

12/10/1990
File Size: 62KB

Land Records – Recordability – various notices and letters concerning the Federal Deposit Insurance Corporation (FDIC) as receiver are not recordable in Land Records

12/10/1990
File Size: 563KB

Marriages – Licenses – Clerk may, but is not required to, ask for additional proof to verify statements made under oath in application for marriage license

12/12/1990
File Size: 60KB

Land Records – Prerequisites to Recording – certificate of preparation may be signed by certain persons acting on behalf of the entity-party that prepared the instrument

12/19/1990
File Size: 520KB

Land Records – Recordability – mortgage or deed of trust may not be re-recorded if modified and not re-executed or otherwise ratified by grantor (SUPERSEDED IN PART BY 04/12/1991)

 
 

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