Lien Certificates

Baltimore City Code art. 28, div. I, subtit. 2

in effect

Baltimore City Code, Article 28, § 2-1 Bureau of Liens created; lien certificates established.

§ 2-1. Bureau of Liens created; lien certificates established. The Director of Finance is hereby authorized and directed, in accordance with Article II, § (19) of the City Charter: (1) to establish and provide, as a part of his Department, a subdepartment or bureau, to be known as the Bureau of Liens, where there shall be collected, upon application, as hereinafter directed, and kept, a record of the kind and amount of all municipal charges and assessments affecting real estate; and (2) to provide for the issuance of a formal certificate thereby, setting forth plainly whether any and, if so, what municipal charges or assessments exist against any particular piece of property in the City of Baltimore. (Ord. 76-141; Ord. 15-579.)

Baltimore City Code, Article 28, § 2-2 Chief Clerk and assistant.

§ 2-2. Chief Clerk and assistant. (a) Chief Clerk. The Director of Finance is hereby authorized and directed to appoint a competent person, to be designated Chief Clerk, Bureau of Liens, to take and have charge, under the supervision of said Director of Finance, of said bureau so to be established, and to do such other works as the Director of Finance may direct. (b) Assistant to Chief Clerk. In addition thereto, the Director of Finance shall appoint 1 other competent person who shall, under the direction of the Chief Clerk in charge of said bureau, to be appointed as aforesaid, perform such clerical and other work as may be found necessary to be done in connection with the operation of said bureau, or as otherwise directed. (c) Compensation. The salaries of the Chief Clerk in charge of said Bureau and his Assistant and the expense of said bureau shall be such as may be fixed by the Board of Estimates and provided for in the Ordinance of Estimates. (Ord. 76-141; Ord. 15-579.)

Baltimore City Code, Article 28, § 2-3 Issuance and effect of lien certificates.

§ 2-3. Issuance and effect of lien certificates. (a) Issuance. The Director of Finance, through the Chief Clerk in charge of said Bureau, to be appointed as aforesaid, shall make provisions for: (1) the systematic and reliable collection of accurate data in regard to all municipal charges or assessments affecting any particular piece of real property situate in the City of Baltimore; and (2) the issuance, upon the application of any person tendering a fee of $15 for each separate piece of property inquired about, of a certificate showing plainly and accurately the kind and amount of all such charges or assessments against such particular piece of property. (b) Effect. (1) Said certificate hereby provided to be issued, when issued, shall be and become effectual in favor of every bona fide purchaser for value and without notice to bar any claim thereafter, for and on account of any charge or assessment against any particular piece of property, precluded by the fact of said certificate. (2) But neither the payment of the said fee nor the issuance of the certificate mentioned shall in any event be held to preclude the claim by the City to any charge or assessment as against: (i) the owner of the property at the time such certificate as is herein provided for is applied for and issued; or (ii) any person acquiring said property with knowledge of such claim. (c) Fees. All fees tendered in payment for the issuance of certificates, as herein provided, shall be collected and receipted for and accounted for by the Director of Finance in the same manner as if the same were proceeds of City taxes. (Ord. 82-574; Ord. 76-141; Ord. 26-765; Ord. 15-579.)

Baltimore City Code, Article 28, § 2-4 Bureau access to supporting information.

§ 2-4. Bureau access to supporting information. (a) Access to agency records. For the purpose of obtaining the information necessary to give said certificate, the said Chief Clerk, or his assistant, shall, at all times, have access to the books and records of every department, subdepartment, and municipal officer of the City, having any charges of any kind against any person, which constitute a lien against any real estate. (b) Agencies to provide information. And when so directed by the Board of Estimates, any department, subdepartment, or municipal officer shall furnish to said Chief Clerk or his assistant upon application, a written statement showing every item of any claim against any person, constituting a charge or lien against any real estate, under such system as may be arranged between such department or officer and said Chief Clerk, with the approval of the Board of Estimates. (Ord. 15-579.)

Baltimore City Code, Article 28, § 2-5 Payments by certificate holder.

§ 2-5. Payments by certificate holder. In addition to the ordinary method of payment now in practice, immediately after the establishment of the Bureau herein provided for, any person holding a certificate issued by the said Bureau, as provided, shall be entitled to pay, and the Director of Finance shall receive in 1 payment all or any of the amounts constituting the separate charges or assessments shown by said certificates to be due, and the said Director shall thereafter distribute the various items thus collected to the respective departments to which they were primarily payable. (Ord. 76-141; Ord. 15-579.)

Baltimore City Code, Article 28, § 2-6 Certificate required for recordation.

§ 2-6. Certificate required for recordation. (a) In general. (1) No written instrument intended to effect a transfer of any estate or inheritance or freehold, or any declaration of limitation of use, or any estate above 7 years shall be presented to the Clerk of the Circuit Court for Baltimore City for recordation among the Land Records of Baltimore City unless and until the person intending to record such written instrument shall first: (i) procure a certificate of liens from the Department of Finance of Baltimore City, which certificate shall be dated no later than 45 days from the date recordation is intended to be made; and (ii) exhibit evidence in the form of a receipt signed by the Director of Finance that all due and payable liens reflected on the said certificate have been paid in full. (2) Except that this section shall not apply to any lease or sublease for an initial term of not more than 7 years which contains any provision for renewal for 1 or more succeeding stated terms of not more than 7 years each, if under such provision for renewal the right to effect or prevent each such renewal term shall be optional with either the landlord or tenant. (b) Liabilities for noncompliance. In the event any written instrument intending to effect a transfer which is subject to the provisions of this section is recorded by the Clerk of the Circuit Court for Baltimore City without liens reflected on the certificate of liens having first been paid in full: (1) transferor and transferee shall be jointly and severally liable for the payment of such liens; and (2) either or both shall be assessed by the Director of Finance of Baltimore City for: (i) the amount of the lien due; plus (ii) interest at the rate of ½% per month, or fractional part thereof, accounting from the date when such written instrument was received for recordation; and (iii) a penalty of 10% of the lien due. (c) Court Clerk not responsible for collections. Nothing contained herein shall be taken or construed as imposing any duty or liability upon the Clerk of the Circuit Court for Baltimore City in connection with the administration or enforcement of the provisions of this section. (d) Exception. The provisions of this section shall not apply to the recordation of any written instrument, as hereinbefore defined, when: (1) the sole purpose of such written instrument is to add the name or names of an additional person or persons to the title of any property; and (2) such written instrument does not delete or transfer the interest of any existing title holder. (Ord. 76-141; Ord. 70-906; Ord. 69-551.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/28/I/2Fetched: 10/25/2026