There are two notarial certificates required on Maryland security instruments. The first certificate is a notary acknowledgment wherein the notary public certifies that the borrower personally appeared before said notary public. The second certificate is an Affidavit of Consideration and Disbursement, and it is required per MD Code, Real Property, § 4-106.
Part VIII of the Handbook for Maryland Notaries Public describes the proper process for certifying this affidavit. The handbook explains:
“. . . the law requires an oath or affirmation by the lender, or someone on its behalf, that the consideration recited in the mortgage or deed of trust is true and bona fide as therein set forth.”
The person appearing before the notary public for this affidavit needs to be someone appearing on behalf of the lender.
Because the two notarial certificates may seem confusing, we have inserted the phrase “Affidavit of Consideration and Disbursement” above the notarial certificate on the last page of all generic Maryland security instruments, which are:
Cx329 – MD Deed of Trust
Cx487 – MD Deed of Trust Second
Cx3040 – HELOC Deed of Trust – MD
Cx19378 – FHA MD Deed of Trust
Update: The NMLS ID placement has also been changed for the above-referenced documents. Before, the NMLS ID placement was on the second to the last security instrument page underneath the borrower’s notary acknowledgment. To conform with the placement of the Maryland State License ID, the NMLS ID has been moved to the last security instrument page underneath the Affidavit of Consideration and Disbursement. Both the NMLS ID and Maryland State License ID formatting is now left justified.
These changes will be in effect on September 7, 2018. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.
Update: Per MD Code, Real Property, § 4-106 (a) & (b)(1), an “oath or affirmation” is required “of the party secured by the mortgage or deed of trust”. The Affidavit of Consideration and Disbursement contained in Docutech’s generic Maryland security instrument Cx329 contained the typo “other” rather than the word “oath”.
This typo correction will go out immediately. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.