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Terms Used In Maryland Code, COMMERCIAL LAW 12-119

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) This section applies to any application for a loan, other than a commercial loan, to be secured by a first mortgage or first deed of trust on a borrower’s primary residence.

(b) Any lender that imposes fees on borrowers for settlement services, or document review services, performed by a lender-designated attorney, or who conditions settlement on the employment of a particular attorney or title insurance company under § 12-120(c) of this subtitle, shall provide a prospective borrower with a written notice stating:

(1) The lender’s requirements concerning selection of an attorney, title insurance company, or other person to perform settlement services relating to the purchase of the real property;

(2) The borrower’s ability to choose an attorney or title insurance company under § 12-120(c) of this subtitle; and

(3) A good faith estimate of the fee or fees to be charged to the borrower.

(c) If notice is required by this section:

(1) The notice shall be provided at the time of or within 3 days after the application for a loan, or earlier upon request; and

(2) A copy of the notice, signed by the applicant, shall accompany any executed application for a loan.