Md. Code Regs. 01.02.11.19

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.02.11.19 - Procedure to Request Shielding of Real Property Records

A. To request the shielding of real property records, a participant shall notify the Secretary of initial consideration to purchase property before applying for financing or initiating the transaction, or, if the property was acquired without financing, immediately after acquiring an ownership interest in the real property.

B. On request for shielding, the Secretary shall provide the following forms to the participant:

(1) Notice of ACP Participation in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland; and

(2) Real Property ACP Notice required under Real Property Article, §3-115(b)(2), Annotated Code of Maryland.

C. A participant or any agent of the participant shall submit a copy of the Notice of ACP Participation to any person involved in the real property transaction, including, but not limited to, the following:

(1) Attorney;

(2) Realtor;

(3) Mortgage broker;

(4) Lender;

(5) Title company; and

(6) Home owner's association.

D. On receipt of a Notice of ACP Participation or Real Property ACP Notice, any person involved in the real property transaction shall adhere to the requirements under Regulations .07 and .18 of this chapter.

E. A participant or any agent of the participant shall submit a copy of the Real Property ACP Notice with the deed or other instrument to be recorded and the intake sheet required under Real Property Article, §3-104, Annotated Code of Maryland, to both the:

(1) Appropriate county finance office; and

(2) Clerk of the circuit court.

F. A participant or any agent of the participant shall submit a copy of any Real Property ACP Notice submitted under Real Property Article, §3-115(b), Annotated Code of Maryland.

G. If a participant intends to request the shielding of real property records, the participant or any agent of the participant may not submit any instrument for recordation electronically.

H. A participant or any agent of the participant shall use a separate Real Property ACP Notice for each property in which the participant acquires an ownership interest.

Md. Code Regs. 01.02.11.19

Regulation .19 adopted effective 46:1 Md. R. 11, eff. 1/14/2019; amended effective 48:24 Md. R.1025, eff. 11/29/2021