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2002 Clerk Advice files

DATE

DESCRIPTION

01/25/2002
File Size: 3,350KB

Business Licenses – valuation of stock in trade for calculation of license fee

01/25/2002
File Size: 3,350KB 
Business Licenses – business operating multiple storage warehouses requires one license per county
02/06/2002
File Size: 201KB
Land Records - Recordation & Transfer Taxes - deed of trust granted by Maryland Economic Development Corporation (MEDCO) is exempt because MEDCO is exempt from paying recordation tax, and instruments granted to MEDCO are exempt under Tax-Prop. §12-108(a)(1)
02/13/2002
File Size: 940KB
Land Records – Recordation & Transfer Taxes – claims for exemption pursuant to §1146(c) of U.S. Bankruptcy Code
02/13/2002
File Size: 940KB
Land Records – Recordation & Transfer Taxes – Tax-Prop. §12-108(a)(1) exemption for transfers to, or grants of security interests to, the United States and Maryland political subdivisions includes agencies and instrumentalities thereof
02/13/2002
File Size: 940KB
Land Records – Recordation & Transfer Taxes – federal credit union is not an agency or instrumentality of the United States for purposes of Tax-Prop. §12-108(a)(1) exemption, but does enjoy federal immunity from taxes to the extent it is liable for such taxes
02/13/2002
File Size: 940KB
Land Records – Recordability – meaning of "affecting" real property for purposes of Real Prop. §3-102(a)(1)
03/14/2002
File Size: 1,530KB 
Criminal – Warrants - issuance of arrest warrants in accordance with Rule 4-212(d) (NOTE: RULE SUBSEQUENTLY MODIFIED)
07/12/2002
File Size: 479KB 
Land Records – Recordation & Transfer Taxes – Tax-Prop. §12-108(c) exemption only applies to debt "assumed" and "taken subject to," but not to debt paid off
07/12/2002
File Size: 479KB 
Land Records – Recordation & Transfer Taxes – paid off debt is "purchase money" for purposes of Tax-Prop. §12-108(i) purchase money mortgage exemption
07/12/2002
File Size: 479KB 
Land Records – Recordation & Transfer Taxes – transferee who was exempted from recordation tax pursuant to Tax-Prop. §12-108(c) cannot later claim "original mortgagor" status under Tax-Prop. §12-108(g) refinance exemption
07/12/2002
File Size: 479KB 
Land Records – Recordation & Transfer Taxes – Tax-Prop. §12-108(g) refinance exemption is a "pro ratable" exemption, not an "all-or-nothing" exemption
08/14/2002
File Size: 617KB
Civil – Fees - dismissal fee applicable to voluntary dismissal as to one of multiple defendants
08/14/2002
File Size: 617KB
Civil – Liens - lien cannot attach to funds in custodia legis, and Clerk may disburse funds in custodia legis only in accordance with Rule 16-303
08/14/2002
File Size: 617KB
Marriages – Certificates - "sct" at top of older form of marriage certificate has same meaning as "to wit"
09/04/2002
File Size: 131KB 
Oaths – only the Clerk of the Circuit Court may administer oath to members of the Board of Canvassers in the form provided
10/04/2002
File Size: 386KB
Land Records – Recordation & Transfer Taxes – Deed between spouses or former spouses exempt from recordation and state transfer taxes pursuant to Tax-Prop. §§12-108(d) & 13-207(a)(3), but may limit amount of refinance exemption under Tax-Prop. §12-108(g) (SUPERSEDED IN PART BY AMENDMENTS TO TAX-PROP. §12-108(g))
10/08/2002
File Size: 200KB
Land Records – Recordation & Transfer Taxes – all deeds in an IRC §1031 "like-kind" exchange are subject to recordation and transfer taxes (SUPERSEDED 10/28/2004)
12/05/2002
File Size: 964KB 
Land Records – Financing Statements – non-lapsed financing statements filed prior to July 1, 2001 are effective until the earlier of 12 years from date of filing or June 30, 2006
 
 

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