§ 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.