Bulletin: MD2019004

Date:
June 24, 2019
To:
All Maryland Issuing Offices
RE:
LEGISLATIVE UPDATE - 2019 Legislation Affecting Real Property Transaction in Maryland

Dear Associates:

This Bulletin is a summary of legislative changes made by the Maryland General Assembly relating to real property.

HB0396 Property Tax - Optional Installment Payment Schedule Beginning after June 30, 2019

Authorizes the governing body of a county or municipal corporation to provide, by law, for a voluntary installment payment schedule for county, municipal corporation, or special taxing district property tax due on real property; authorizes the governing body of a county or municipal corporation to authorize, by law, the payment of certain fees or other charges that are also included on a certain property tax bill through a certain installment payment schedule; applying the Act to taxable years beginning after June 30, 2019.

SB0780 Transfer Tax - Transfers by Governmental Entities - Effective June 1, 2019

Clarifies certain provisions of law relating to the application of the transfer tax to certain instruments of writing that transfer property from or to certain governmental entities.

SB0484 Tax Liens - Expiration - Effective July 1, 2019

Provides that certain Maryland State tax liens attaching to certain real property or certain personal property terminate 20 years after the date of assessment; increasing, from 4 to 20, the number of years that a lien for unpaid inheritance tax continues under certain circumstances; etc.

HB020 State Agricultural Land Tax - Alteration of Nonagricultural Use Reduction and Exemptions - Effective July 1, 2019 

Altering the method of calculating a certain reduction in the State agricultural land transfer tax for an instrument of writing that transfers title to agricultural land on which property tax was paid on the basis of an assessment other than farm or agricultural use in certain years before the transfer; exempting an instrument of writing from the agricultural land transfer tax if the instrument of writing transfers title to agricultural land that was previously transferred by a certain instrument of writing; etc.

SB0096 Baltimore City - Tax Sales of Real Property Water Liens (Water/Taxpayer Protection Act of 2019) - Effective July 1, 2019

Requiring Baltimore City to withhold from tax sale certain places of worship if the taxes on the property consist only of a lien for unpaid charges for water and sewer service; repealing the authority of the Mayor and City Council of Baltimore City to sell certain properties to enforce a lien for unpaid charges for water and sewer service if the properties are also being sold to enforce another lien; repealing a certain authority to sell certain real property owned by religious groups or organizations; applying the Act prospectively; etc.

HB0099 (SB0192) Estates and Trusts - Elective Share of Surviving Spouse -Effective October 1, 2020

Repealing certain provisions of law relating to a surviving spouse making an election to take a certain share of the net estate of the decedent, instead of that designated under the will, to ensure the surviving spouse is reasonably provided for during the surviving spouse's lifetime; providing that a surviving spouse may take a certain elective share amount of a certain estate subject to election; establishing the priority to be used in determining the sources from which a certain elective share amount is payable; etc.

HB0107 Real Property - Residential Property Foreclosure Procedures - Effective October 1, 2019 

Substituting the Commissioner of Financial Regulation for the Department of Labor, Licensing, and Regulation in certain provisions of law relating to the Foreclosed Property Registry.

HB0222 Real Property - Residential Real Estate Transactions - Escrow Agents- Effective October 1, 2019

Requiring an escrow agent to enter into a written agreement with the purchaser and the seller of certain residential real property when the escrow agent agrees to hold trust money in escrow for the residential real estate transaction; requiring a written agreement an escrow agent enters into with the purchaser and the seller to contain certain information; and applying the Act.

HB0 0425 Civil Actions - Unfair, Abusive, or Deceptive Trade Practices by Mortgage Servicer - Statute of Limitation - Effective Date October 1, 2019 

Extending the statute of limitations applicable to certain civil actions relating to unfair, abusive, or deceptive trade practices filed against a mortgage servicer; limiting the application of the Act to claims relating to certain residential property; and providing for the prospective application of the Act.

SB0025 Real Property - Conservation Easements, Covenants, Restrictions, and Conditions - Recording Notice - Effective October 1, 2019 

Authorizing the Maryland Agricultural Land Preservation Foundation, the Maryland Historical Trust, the Maryland Environmental Trust, certain other land trusts, a county, and the Department of Natural Resources to record notice of certain easements, covenants, restrictions, and conditions in the land records of the county in which the property interest is located; specifying the information required to be provided in the notice; requiring that the notice be indexed for recording in a certain manner.

SB0026 State Department of Assessments and Taxation - Expedited Document Processing - Effective October 1, 2019

Authorizing the State Department of Assessments and Taxation to adopt certain regulations regarding processing documents on an expedited basis and to charge certain reasonable fees.

SB0059 State Department of Assessments and Taxation - Notices and Orders - Email - Effective July 1, 2019

Authorizes SDAT to send specified real and personal property notices by email, if within the past three years the recipient has provided the department an email address and requested to receive the notices by email.

SB0122 Property Tax Credits - Real Property Used for Robotics Program - Effective June 1, 2019 and applicable to all taxable years beginning after June 30, 2019.

Authorizing the governing body of a county or municipal corporation to grant, by law, a certain property tax credit against the county or municipal corporation property tax imposed on real property used for the purposes of a public school robotics program or nonprofit robotics program in the State; authorizing the governing body of a county or municipal corporation to provide, by law, for certain matters relating to the tax credit; and applying the Act to taxable years beginning after June 30, 2019.

SB0136 Corporation - Corporate Records and Electronic Transmissions - Effective October 1, 2019

Authorizing certain records of a corporation to be maintained by means of any information storage device, method, or electronic network or database, including a distributed electronic network or database, under certain circumstances; requiring a corporation to convert a record maintained in a certain manner into a clearly legible written form on the request of any person entitled to inspect the records; authorizing certain communications, consents, and requests to be made by means of a certain electronic transmission; etc.

SB0509 (HB0557) Property Tax - In Rem Foreclosure and Sale - Vacant and Abandoned Property - Effective October 1, 2019 

Requiring a tax collector to withhold from tax sale certain real property designated by a county or municipal corporation for foreclosure and sale under a certain process; authorizing a county or municipal corporation to initiate an in rem foreclosure and sale of certain real property for delinquent taxes; authorizing a county or municipal corporation to enact laws authorizing in rem foreclosure and sale of certain real property; authorizing the county or municipal corporation to commence an in rem foreclosure action; etc.

SB0678 State Government - Notarial Acts and Notaries Public - Effective October 1, 2020 

Altering the qualifications an individual must have to be appointed as a notary public; authorizing certain persons to charge a certain fee for the performance of a certain notarial act; authorizing a notarial officer to perform certain notarial acts except under certain circumstances; prohibiting certain individuals from charging a fee to perform a notarial act; providing for the manner in which notarial acts for remotely located individuals are to be performed except under certain circumstances; etc.

FYI, The below bills affect property Tax Credits for specific purposes:

  • HB 183 Prince Georges County - Property Tax Credits for Security Camera Systems PG 413-19
  • HB 188 Prince Georges County - Property Tax Credits -Grocery Stores PG 409-19
  • HB 0352 Property Tax Credits - Maryland National Capital Park and Planning Commission Park Police Prince Georges County-Property Tax Credits - Grocery Stores PG 409-19
  • HB 1390 Baltimore City - Property Tax Credits - Low Income Employees
  • SB 0122 Property Tax Credits - Real Property used for Robotics Programs 
  • SB 0214 Property Tax Credits - Property Tax Credit - Cumberland Development Corporation  
  • SB 292 Property Tax Credits - Public Safety Officer - Definition  
  • SB 0296 Property Tax - Exemptions-Nonprofit Charitable Museums 
  • SB 0654 Property Tax Credits - Elderly Individuals - Eligibility  
  • SB 0816 Property Tax Credits - Surviving Spouse of Veteran   

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None