According to Md. Code Ann., Real Property § 4-106(a), mortgages and deed of trusts are not considered valid (except as between the parties) unless the instrument contains an oath or affirmation as to the consideration. Additionally, section (b)(1) requires purchase money mortgages or deed of trusts to have an affidavit of disbursement. In accordance to this provision, FNMA has provided sample language in the uniform Maryland Deed of Trust (Form 3021). The sample Affidavit of Consideration and Disbursement is found in comment 2 of the instructions. The sample has a blank space for the state in the certification section. Originally, we printed the State of “Maryland” in this section but since the affidavit can be completed outside of the state of Maryland, we will now print a blank space so the lender (or the person completing the affidavit) can complete it as appropriate to their circumstance.
This change will be in effect on July 14, 2023. If you have any questions or concerns about this change, please contact Client Support at 1.800.497.3584.