Md. Code Ann., Com. Law § 12-1024
Creditor's obligations upon repayment
Effective Jan 1, 2021Added by Acts 1993, c. 404, § 2, eff. Oct. 1, 1993. Amended by Acts 2001, c. 492, § 1, eff. Oct. 1, 2001; Acts 2020, c. 411, § 1, eff. Jan. 1, 2021; Acts 2020, c. 412, § 1, eff. Jan. 1, 2021.State of Maryland
(a)
- (1) Except as provided in paragraph (2) of this subsection, this section applies only to a loan made by a credit grantor to a consumer borrower.
- (2) This section does not apply to a loan to which § 3-105.1 of the Real Property Article applies.
(b) Within a reasonable time after a loan to a consumer borrower has been repaid in full and all other obligations under the agreement, note, or other evidence of the loan have been fulfilled, a credit grantor shall:
(1)
- (i) Indelibly mark with the word “paid” or “canceled” and return to the consumer borrower each agreement, note, or other evidence of the loan; or
- (ii) Furnish the consumer borrower with a written statement that identifies the loan transaction and states that the loan has been paid in full; and
- (2) Release any recorded mortgage, deed of trust, security agreement, or other lien securing the loan.
(c)
(1) The release shall be:
- (i) In writing; and
- (ii) Prepared at the expense of the credit grantor.
- (2) If the release required by this section pertains to a motor vehicle, the release shall be filed electronically with the Motor Vehicle Administration in accordance with § 13-108.1 of the Transportation Article within 5 business days after the credit grantor has received full payment.
(d)
- (1) If the credit grantor does not record the release, the credit grantor shall furnish the consumer borrower with the release in a recordable form.
- (2) If the credit grantor records the release, the credit grantor shall furnish the consumer borrower with a copy of the release.
(e)
(1) If a fee is collected by a credit grantor for the recording of a release:
- (i) The release shall be recorded by the credit grantor; and
- (ii) Any portion of the fee not paid to a governmental entity for recording the release shall be refunded to the borrower.
- (2) If a fee is not collected by a credit grantor for the recording of a release, the credit grantor is not obligated to record the release.
Added by Acts 1993, c. 404, § 2, eff. Oct. 1, 1993. Amended by Acts 2001, c. 492, § 1, eff. Oct. 1, 2001; Acts 2020, c. 411, § 1, eff. Jan. 1, 2021; Acts 2020, c. 412, § 1, eff. Jan. 1, 2021.