In Maryland, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Maryland. The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends. Read more
The main difference between quitclaim deeds and warranty deeds in Maryland is that a quitclaim deed provides less security to the Grantee. A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer. [1] Warranty deeds are used for most real estate transactions in Maryland. Quitclaim deeds, on the other hand, are used for transfers between family and friends. Read more
Laws surrounding quitclaim deeds are found in the Maryland Code titled Real Property . A quitclaim deed in Maryland must state that the Grantor intends to “release and quitclaim” their interest in the property to the Grantee. The deed should not contain any assurances about the Grantor’s right to “grant the land.” [2] Once prepared, the quitclaim deed must be filed with the Clerk of the Circuit Court in the county where the property is located. [3]
In Maryland, a quitclaim deed must be prepared by one of the persons named in the deed, by an attorney, or under the guidance of an attorney. The preparer’s name must be included in a signed statement, known as the certificate of preparation. [4]
Content requirements for quitclaim deeds in Maryland include:
The following Maryland counties each have specific deed requirements: [9]
1. Prince George’s County: The deed must mention the election district where the property is located.
2. Talbot County: On the back of the document, it must state “Quitclaim Deed” along with the names of the Grantor and Grantee for easy filing.
3. Worcester County: A property within a sanitary district must show that all assessments or charges related to the property have been paid.
4. Frederick County:
5. Montgomery County: [10]
For a quitclaim deed to be legally valid in Maryland, it must be signed by the Grantor. The Grantor’s signature must be acknowledged before a notary. [11]
In Maryland, the notarization can be completed online and electronically. [12]
Here’s how to file a quitclaim deed in Maryland:
1. Create the quitclaim deed with the necessary information and proper formatting. Maryland charges a triple fee for any submitted deeds that don’t meet these requirements.. [13]
2. Complete and attach the State of MD Land Instrument Intake Sheet required for all deeds changing property ownership.
3. Ensure the Grantor signs the quitclaim deed before a notary.
4. Property Tax Payments. [14]
5. Residency Status.
6. File the quitclaim deed, along with the relevant information with the Clerk of the Circuit Court in the county.
In Maryland, the minimum charges for filing a deed are as follows: [15]
The transfer of a property through a quitclaim deed may trigger the following taxes in Maryland:
1. State Transfer Tax. [17]
2. County Transfer Tax
3. Recordation Tax. [18]
4. Agricultural Tax. [19]
5. Non-Residency Tax. [20]
In Maryland, many transfers that are generally filed under quitclaim deeds are tax-exempt, including: [21]
The length of time to record a quitclaim deed in Maryland can vary based on county-specific processes. Typically, it can take one month from the settlement date to receive the recorded deed.
In Maryland, once the quitclaim deed is signed and filed, the county will process the document. If the deed is clear of any previous filings, a public record of the transfer of the property’s ownership will be made official.
There is no expiration for quitclaim deeds in Maryland. However, the statute of limitations to challenge a written agreement is 3 years. [22]
That he will warrant generally the property hereby granted” A covenant by the grantor in a deed “that he will warrant generally the property hereby granted” has the same effect as if the grantor had covenanted that he will warrant forever the property to the grantee…
That he has the right to grant the land” A covenant by the grantor in a deed “that he has the right to grant the land” has the same effect as if the grantor had covenanted that he has good right, full power, and absolute authority…
Prerequisites to recording. (a)(1) The Clerk of the Circuit Court may record an instrument that effects a change of ownership if the instrument is: (i) Endorsed with the certificate of the collector of taxes of the county in which the property is assessed, required under subsection (b) of this section;
(f)(1)(i) (ii) A deed other than a mortgage… 1. The certification of an attorney admitted to the Bar of this State that the instrument has been prepared by the attorney or under the attorney’s supervision; or 2. A certification by a party named in the instrument that the instrument was prepared by that party.
Recording fees. In general (a)(1) In this subsection, “page” means one side of a leaf not larger than 8 ½ inches wide by 14 inches long, or any portion of it…
Sufficiency of deeds. (a)(1) Any deed containing the names of the grantor and grantee, a description of the property sufficient to identify it with reasonable certainty, and the interest or estate intended to be granted, is sufficient if executed, acknowledged, and, where required, recorded.
(g)(3)(i) Describe the property by at least one of the following property identifiers: 1. The property tax account identification number, if any, or in Montgomery County, any parcel identifier required under § 3-501 of this title, if different from the tax account number;
Except as provided in subsection (b) of this section, the consideration payable… (1) the recitals or the acknowledgment of the instrument of writing; or..
Local and special requirements (f)(1)(i) … (2) Every deed recorded in Prince George’s County shall contain a reference to the election district in which the property described in the deed is located.
Montgomery County recordation system. (a)(1) The Clerk of the Circuit Court for Montgomery County shall: (i) Assign to each parcel of real property in the county an..
Sufficiency of deeds. (a)(1) Any deed containing the names of the grantor and grantee, a description of the property sufficient to identify it with reasonable certainty, and the interest or estate intended to be granted, is sufficient if executed, acknowledged, and, where required, recorded…
(a)A notary public located in this State may perform a notarial act using communication technology for a remotely located individual if: (1) the notary public: (i) has personal knowledge under..
e)(1)…. . The recording charge for any instrument not conforming to these requirements shall be treble the normal charge…
(a)(1) The Clerk of the Circuit Court may record an instrument that effects a change of ownership if the instrument is: (i) Endorsed with the certificate of the collector of taxes of the county in which the property is assessed, required under subsection..
Except as provided in paragraph (4) of this subsection, before recording an instrument among the land or financing records, a clerk shall collect: (i) $10 for a release 9 pages or less in length;
Recording Surcharge In addition to the fees listed below, a surcharge of $40.00 is charged for every instrument recorded in the land records.
Except as otherwise provided in this subtitle, a transfer tax is imposed on an instrument of writing: (1) recorded with the clerk of the circuit court for a county, or filed with the Department and described in § 12-103(d) of this article.
(a)(1) Except as provided in subsection (a-1) of this section, the recordation tax rates under this section are applied to each $500 or fraction of $500 of consideration payable or of the principal amount of the debt secured for an instrument of writing.
The recordation tax rate for Frederick County is $7.00 for every $500 of consideration. (III) Baltimore County Government
State Recordation—$2.50 each $500 (or fraction thereof) of the consideration noted or for an instrument of writing securing a debt or the principal amount of the debt secured..
(a) The agricultural land transfer tax applies at the following rates: (1) for a transfer of 20 acres or more of agricultural land, 5%..
Payments required on sale of property by nonresidents (a) (1) In this section the following words have the meanings indicated. (2) (i) Except as provided in subparagraph (ii) of this paragraph, “net proceeds” means the total sales price paid to the transferor less:
(Pg.3).. In a sale or transfer of real property and associated tangible personal property in Maryland owned by a nonresident individual … Clerk or Department in an amount equal to 8.0 percent of the total payment to a nonresident individual or 8.25 percent of the total payment to a nonresident entity.
Exemptions. Transfer of property or granting of security interest to a governmental entity
(a)(1) Except as provided in paragraph (2) of this subsection..
A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.
