HARRY HUGHES, Governor

455

The balance of former Art. 81, § 277(a)(1), which
related to the imposition of the recordation tax, now
appears as § 12-102 of this title.

The balance of former Art. 81, § 277(h) and (i), which
described "supplemental instruments of writing", now
appears as § 12-101(g) of this title.

The General Assembly may wish to consider whether
subsection (b) of this section should be rewritten to
state that a security agreement for a vehicle or
vessel may be recorded under this title without being
subject to recordation tax.

Defined terms: "Corporation" § 1-101

"County" § 1-101 "Governing body" § 1-101

"Includes";"including" § 1-101

"Instrument of writing" § 12-101 "Person" § 1-101

"Property" § 1-101 "Real property" § 1-101

"Recordation tax" § 12-101

"Security agreement" § 12-101

"Security interest" § 12-101

"Supplemental instrument of writing" § 12-101

12-109. PAYMENT OF RECORDATION TAX.

(A)  WHEN RECORDATION TAX PAYABLE.

(1)  AN INSTRUMENT OF WRITING THAT IS TAXABLE UNDER
THIS TITLE MAY NOT BE RECORDED IN ANY COUNTY UNTIL THE
RECORDATION TAX HAS BEEN PAID AS PROVIDED BY SUBSECTION (B) OF
THIS SECTION.

(2)  AN INSTRUMENT OF WRITING THAT IS TAXABLE UNDER
THIS TITLE MAY NOT BE FILED WITH THE DEPARTMENT UNTIL THE
RECORDATION TAX HAS BEEN PAID AS PROVIDED BY SUBSECTION (B) OF
THIS SECTION.

(B)  WHERE PAID.

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE RECORDATION TAX ON AN INSTRUMENT OF WRITING OR A
SECURITY AGREEMENT RECORDED UNDER SUBSECTION (A)(1) OF THIS
SECTION IN ANY COUNTY SHALL BE PAID TO THE CLERK OF THE CIRCUIT
COURT FOR THE COUNTY.

(2)  IN PRINCE GEORGE'S COUNTY, THE RECORDATION TAX ON
AN INSTRUMENT OF WRITING OR A SECURITY AGREEMENT RECORDED UNDER
SUBSECTION (A)(1) OF THIS SECTION SHALL BE PAID TO THE DIRECTOR
OF FINANCE OF PRINCE GEORGE'S COUNTY.

(3)  THE RECORDATION TAX ON A SECURITY AGREEMENT OR
ARTICLES OF TRANSFER FILED WITH THE DEPARTMENT SHALL BE PAID TO
THE DEPARTMENT.