Plain Text Law

Article II. Deeds of Trust.

Montgomery County, Md., Code § 40-4 (2026)

Sec. 40-4. Execution, acknowledgment and recording; validity; assignment.Copy Citation

From and after June 1, 1927, any instrument conveying real estate in the county whereby the same is conveyed to a trustee, to be held by him in trust to secure a debt therein described and commonly known as a deed of trust, shall be executed and may be acknowledged and recorded in the same manner as an absolute deed; and shall be valid as a security for any debt mentioned and described in such instrument. The clerk of the circuit court of the county shall be required to record deeds of trust in the same manner as that in which absolute deeds are now recorded; and, provided further, that in order to assign or transfer title to any evidence of debt secured by such deed of trust it shall not be necessary to record any form of assignment or transfer.
Montgomery County, Md., Code § 40-5 (2026)

Sec. 40-5. Release-Form.Copy Citation

A release of a deed of trust may be made in the following form or other like effect:
"For value received we or I, the trustee or trustees, named in the within or above deed of trust, do hereby release the above or within deed of trust, the note or notes secured thereby, having been exhibited to us duly marked canceled and paid.
"Witness our hands or my hand, and seal or seals, this ________ day of ________, A.D.________."
Montgomery County, Md., Code § 40-6 (2026)

Sec. 40-6. Same-Recording.Copy Citation

A release of a deed of trust may be written by the trustee upon the record in the office of the clerk of the circuit court for the county where the deed of trust to be released is recorded and attested by the clerk of the court; and the clerk at the time of recording each deed of trust shall leave a blank space at the foot thereof for the purpose of entering such release.
Montgomery County, Md., Code § 40-7 (2026)

Sec. 40-7. Same-Endorsement on original.Copy Citation

A release of a deed of trust may be endorsed on the original deed of trust by the trustee, and upon such deed of trust with the release thereon endorsed being filed in the office of the clerk of the circuit court for the county, the clerk shall record such release at the foot of the deed of trust.
Montgomery County, Md., Code § 40-8 (2026)

Sec. 40-8. Same-Retention of deed of trust by clerk of court.Copy Citation

When the deed of trust with the release thereon is filed for the purpose of recording the release, the clerk shall retain such deed of trust in his office and not permit the same to be again withdrawn; provided, however, that if the release is partial in its character after the recording of same, the clerk may permit the deed of trust to be withdrawn.
Montgomery County, Md., Code § 40-9 (2026)

Sec. 40-9. Validity of release in prescribed modes.Copy Citation

Each release of a deed of trust executed in either of the above modes shall be construed and deemed sufficient to release the deed of trust as fully and effectually as any instrument of writing whatever could do.