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A Maryland deed is a legal document that transfers property ownership from a grantor to a grantee. In most cases, deeds are recorded following the completion of a real estate purchase agreement (with the grantor as the seller, and the grantee as the buyer). However, Maryland also allows for a deed of trust, which has the grantor transferring the title to a trustee (grantee, in this case) to hold until a loan has been repaid to a lender. Beyond the simple conveyance of title, a deed will often provide the grantee with protection against liability for encumbrances and liens.
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Types (4)
Deed of Trust – Conveys a property title to a third-party trustee to hold as collateral for a loan between the grantor and a moneylender.
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General Warranty Deed – Transfers the property’s ownership with the grantor’s promise that there are no liens or mortgages on it.
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Quit Claim Deed – A deed that does not offer any assurances regarding the quality of the property’s title.
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Special Warranty Deed – Guarantees the grantee that there are no encumbrances on the property from the period during which the grantor was its owner.
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Laws & Requirements
- Statutes: Title 3 – Recordation
- Formatting: § 3-104(d), (e)(1)
- Signing Requirements (§§ 4-101(a)(1), 4-204(a)): Notary Public
- Where to Record: Clerk of the Circuit Court
- Recording Fees (§ 3-601(a)(2)(ii)): $20
- Forms:
- Land Instrument Intake Sheet: Must be completed and filed with deed (see instructions).
- Property Disclosure Statement (§ 10-702): State law requires property sellers to disclose any known property defects to potential buyers.