Courts - Evidence - Proof of Ownership of Real Property

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0208*

HOUSE BILL 208
D1, N1 6lr1131
(PRE–FILED)
By: Delegate Griffith
Requested: October 8, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Courts – Evidence – Proof of Ownership of Real Property 2

FOR the purpose of establishing that certain documentation relating to real property may 3
be used to establish a rebuttable presumption of ownership of the property in certain 4
court proceedings ; and generally relating to evidence of the ownership of real 5
property in court proceedings. 6

BY adding to 7
Article – Courts and Judicial Proceedings 8
Section 10–926 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2025 Supplement) 11

BY repealing and reenacting, without amendments, 12
Article – Real Property 13
Section 3–101(a) and (b) 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Courts and Judicial Proceedings 19

10–926. 20

(A) THE PURPOSE OF THIS S ECTION IS TO ENABLE A NEW OWNER OF REAL 21
PROPERTY TO ENGAGE I N LEGAL PROCEEDINGS TO PROTECT THE PROPE RTY 22
DURING THE PROCESSING TIME REQUIRED FOR THE RECORDATION OF A DEED. 23
2 HOUSE BILL 208

(B) (1) IN A PROCEEDING INVOL VING REAL PROPERTY, EVIDENCE THAT 1
A DEED HAS BEEN SUBMITTED FOR RECORDATION TO THE CLERK OF THE CIRCUIT 2
COURT OF THE COUNTY WHERE THE REAL PROPERTY IS LOCATED , OR OTHER 3
DOCUMENTS REQUIRED BY LAW FOR THE SALE OF REAL PROPERTY OR TO SECURE A 4
MORTGAGE, MAY BE USED TO ESTABLISH A REBUT TABLE PRESUMPTION OF 5
OWNERSHIP OF THE PROPERTY. 6

(2) EVIDENCE PRODUCED UNDER PARAG RAPH (1) OF THIS 7
SUBSECTION MAY INCLUDE: 8

(I) A CERTIFIED COPY OF TH E COMPLETED INTAKE S HEET 9
REQUIRED FOR RECORDATION UNDER § 3–104 OF THE REAL PROPERTY ARTICLE; 10
OR 11

(II) A HUD–1 SETTLEMENT STATEMENT OR CLOSING 12
DISCLOSURE REQUIRED UNDER THE F EDERAL REAL ESTATE SETTLEMENT 13
PROCEDURES ACT. 14

(C) THE SUPREME COURT OF MARYLAND MAY ADOPT RULES AND FORM S 15
TO IMPLEMENT THE PROVISIONS OF THIS SECTION. 16

Article – Real Property 17

3–101. 18

(a) Except as otherwise provided in this section, no estate of inheritance or 19
freehold, declaration or limitation of use, estate above seven years, or deed may pass or 20
take effect unless the deed granting it is executed and recorded. 21

(b) Subsection (a) of this section does not limit any other method of transferring 22
or creating an estate, declaration, or limitation which is permitted by the law of the State 23
except to the extent required by law. 24

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2026. 26