ADDRESS CONFIDENTIALITY PROGRAM
Recent Expansion - Shielding Real Property Records
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MVLS staff and volunteer attorneys were recently trained on the
Maryland Safe at Home Address Confidentiality Program
, which creates a method for victims of domestic violence, human trafficking, and sexual assault to keep their address confidential to reduce the risk of ongoing violence from their abuser. The information below notes how you can refer a client to the program, as well as explains a new expansion that was implemented in January of this year to protect information in real estate documents.
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Program Basics:
- Participating in the ACP removes a participant’s home and work address and telephone number from public records maintained by the Secretary of State, which operates the ACP.
- It is intended for people affected by domestic violence, human trafficking, stalking, and sexual assault.
- The individual must apply to be part of the program.
- It provides a substitute address as well as a mail forwarding service, and the Secretary of State becomes the person’s agent for service of process.
- The participant then informs state and local government agencies, as well as private businesses, of their participation in ACP to ensure address shielding.
- Participation in the program is free.
- The individual must be an existing Maryland resident or a future resident who has recently relocated or intends to relocate within 30 days from their application date.
- Their ACP protected address must be unknown to the abuser.
- Approval is good for four years and can be renewed.
- All household members can be ACP participants.
- The ACP has been providing these services since 2006.
- For more information, visit https://sos.maryland.gov/acp/pages/default.aspx.
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Relevant Law/Regulations:
- Family Law Article § 4-519 et. Seq.
- COMAR 01.01.11.01 et. Seq.
- Real Property Article § 3-115(b)(2)
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Shielding Contact Information in Land Records:
- Shielding previously was not available for land records, which presented a safety concern for potential homeowners as their home address was available public information.
- Shielding land records under ACP became effective for land records on January 1, 2019.
- The individual must be part of ACP at the beginning of the homebuyer process.
- Once accepted in ACP, the participant should notify the Secretary of State of their intent to purchase real property before applying for financing or initiating the transaction. If purchasing without financing, the participant must notify the Secretary of this immediately after acquiring an ownership interest in property.
- The Secretary of State will issue a “Notice of ACP Participation” to the ACP participant.
- The participant or their Agent must provide a copy of the Real Property ACP Notice to all persons involved in the real property transaction; including attorneys, realtors, mortgage brokers, lender, title company, homeowner’s association, or any other applicable parties.
- Once provided with the Real Property ACP Notice, every party becomes obligated to keep confidential the buyer’s actual property address (the subject of transaction), and can be disclosed only as permitted by regulations. All parties must comply with all relevant regulations, and can face legal and financial liability for not maintaining the confidentiality requirements.
- The Real Property ACP Notice must be submitted with any instrument to be recorded as well as a copy must be sent to the Secretary of State, State Department of Assessments and Taxation, and State Archives.
- Instruments shielded through this program cannot be electronically recorded.
- The deed or any other instrument should include the Real Property ACP Notice and be provided to the proper County Finance Office as well as the Clerk of the Circuit Court and the Secretary of State.
- A separate Real Property ACP Notice must be obtained and submitted for each property in which Participant Buyer acquires an interest.
- The Circuit Court, on receipt of the Real Property ACP Notice and instruments to be recorded, will index the record by the property street address in any field requiring the ACP Participant’s name. In place of the actual instrument, the Court will enter “Shielded Document” and “Page Intentionally Left Blank” as cover and subsequent pages, with instructions to contact the Secretary of State.
- The Clerk will provide a certified copy of the Real Property ACP Notice and accompanying instrument to the State Dept of Assessments and Taxation and Maryland State Archives. These agencies will then shield the address of any record containing the participant’s name, and will use the street address instead of the owner’s name.
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ACP Permitted Disclosure Exceptions:
- COMAR contains the procedure for requesting a shielded record for the purpose of a title examination. The request should be made early in the process to allow time for the necessary permission from ACP.
- In certain circumstances, an ACP participant may consent to disclose their information in writing.
- Other exceptions:
- A court order
- Notice of ACP Participation terminated by Court order
- Participant no longer holds record interest in property identified on the notice
- By written notice from the Secretary of State to the Clerk of Circuit Court stating that the person listed on Real Property ACP Notice is no longer an ACP participant.
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HAVE YOU VISITED THE PRO BONO PORTAL?
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Volunteer attorneys can select cases they would like to represent directly from their computers or mobile devices, all sorted by location and case type! We make it as easy as ever to connect you with the work you feel most called to do.
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