Legal Opinion

Prince George's County v. McMahon

Court of Special Appeals of Maryland

Decided July 16, 1984No. 1563, September Term, 1983PublishedCited by 3 opinions

1Opinion of the Court

BELL, Judge.

We are asked in this case to decide the basis upon which the state recordation tax and the local Prince George’s County transfer tax should be computed for a wraparound deed of trust. 1 We hold that based on Article 81 § 277 of the Md.Code, the recordation tax should be assessed on the “principal amount of the debt then incurred” by the transaction, which includes the amount of a prior debt only if extinguished by the proceeds of the new deed of trust. We further hold that based on Prince George’s County Code § 10-187, the local transfer taxes, upon refinancing, are computed only…

2Cases cited3 opinions

  1. Hammond v. Philadelphia Electric Power Co.Court of Appeals of Maryland · 1949
  2. Howard County v. Howard Research & Development Corp.Court of Special Appeals of Maryland · 1977
  3. Hampton Plaza Joint Venture, Inc. v. Clerk, Circuit CourtCourt of Special Appeals of Maryland · 1983

3Cited by3 opinions

  1. Mitchell v. Trustees of United States Mutual Real Estate Investment TrustMichigan Court of Appeals · 1985
  2. Springhill Lake Investors Ltd. Partnership v. Prince George's CountyCourt of Special Appeals of Maryland · 1997
  3. Saro Investments v. Ocean Holiday PartnershipCourt of Appeals of South Carolina · 1994

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API