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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0788*
SENATE BILL 788
N1 6lr2267
By: Senator Jennings
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Real Property – Recordation of Deeds – Certification of Preparation 2
FOR the purpose of prohibiting a person or form from representing that certain certification 3
by an attorney is the only method of certification for a certain deed and prohibiting 4
a clerk of the circuit court from refusing to record the deed under certain 5
circumstances; and generally relating to deed recordation. 6
BY repealing and reenacting, without amendments, 7
Article – Real Property 8
Section 1–101(a), (c), (d), and (j) 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2025 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Real Property 13
Section 3–104(f)(1) 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 – Real Property 19
1–101. 20
(a) In this article the following words have the meanings indicated unless 21
otherwise apparent from context. 22
2 SENATE BILL 788
(c) “Deed” includes any deed, grant, mortgage, deed of trust, lease, assignment, 1
and release, pertaining to land or property or any interest therein or appurtenant thereto, 2
including an interest in rents and profits from rents. 3
(d) (1) “Deed of trust” means a deed of trust that secures a debt or the 4
performance of an obligation. 5
(2) “Deed of trust” does not include a voluntary grant unrelated to security 6
purposes. 7
(j) “Mortgage” means any mortgage, including a deed in the nature of mortgage. 8
3–104. 9
(f) (1) (i) In this paragraph, “under the attorney’s supervision” includes 10
review of an instrument by the certifying attorney. 11
(ii) 1. A deed other than a mortgage, a deed of trust, an 12
assignment of rents, an assignment of a lease for security purposes, or an assignment or a 13
release of a mortgage or a deed of trust may not be recorded unless it bears: 14
[1.] A. The certification of an attorney admitted to the Bar 15
of this State that the instrument has been prepared by the attorney or under the attorney’s 16
supervision; or 17
[2.] B. A certification by a party named in the instrument 18
that the instrument was prepared by that party. 19
2. A. A PERSON OR FORM DOCUMENT MAY NOT IN 20
ANY WAY REPRESENT THAT CERTIFICATION OF PREPARATION OF AN IN STRUMENT 21
BY AN ATTORNEY OR UNDER THE ATTORNEY’S SUPERVISION IS THE ONLY METHOD 22
OF CERTIFICATION FOR RECORDATION OF THE I NSTRUMENT UNDER THIS 23
SUBPARAGRAPH; AND 24
B. A CLERK OF THE CIRCUIT COURT MAY NOT REFUSE TO 25
RECORD AN INSTRUMENT UNDER THIS SUBPARAGR APH SOLELY BECAUSE THE 26
INSTRUMENT DOES NOT BEAR CERTIF ICATION OF PREPARATION BY AN ATTORNEY 27
OR UNDER THE ATTORNEY’S SUPERVISION. 28
(iii) A mortgage, a deed of trust, an assignment of rents, an 29
assignment of a lease for security purposes, or an assignment or a release of a mortgage or 30
a deed of trust prepared by any attorney or one of the parties named in the instrument may 31
be recorded without the certification required under subparagraph (ii) of this paragraph. 32
SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 33
October 1, 2026. 34