|
|
|
|
May 2012 |
|
|
Preparing a Standard Real Estate Deed for Recording in Queen Anne’s County, Maryland |
|
Real property documents such as grant deeds, easements, or quit claim deeds pertaining to real property located in Queen Anne’s County can be recorded with the Clerk of the Circuit Court, in the Land Records Division.
Maryland is a race-notice state. The effective date of the deed is the date of delivery. The date of delivery is presumed to be the date of the last acknowledgment or the date stated on the deed, whichever is later. Every deed, when recorded, takes effect from its effective date as against the grantor, his personal representatives, every purchaser with notice of the deed, and every creditor of the grantor with or without notice.
Prior to presenting a deed for recording at the Clerk’s Office, all deeds must be reviewed and stamped by the Finance Office of Queen Anne’s County.
• A page should not be larger than 8.5x14 inches. White paper of sufficient weight should be used to ensure legibility after the document has been scanned.
• Printing or typing should be in black ink and in a font size of at least 8 point.
• Corresponding names should be typed or printed directly above or below signatures.
• The first page should have a 2-inch top margin. All other margins on this page and on subsequent pages should be at least 1 inch.
• A deed of trust or mortgage should have an oath or affirmation that the consideration recited in the deed of trust or mortgage is true and bona fide as set forth.
• The relationship of the grantor and grantee, if any, should be stated in the document.
• A legal description of the real property being conveyed is to be included on the deed.
Any deed or document that effects a change of ownership must be accompanied by the following:
1. A completed intake sheet. This form can be accessed on the Queen Anne’s Circuit Court Clerk’s website. This form should be submitted in duplicate.
2. A certificate of preparation. The certificate of preparation should be completed by a Maryland attorney or by one of the parties named in the instrument. This can be given in substantially the following format: “This is to certify that the within instrument has been prepared by (a party to the instrument) or (under the supervision of the undersigned Maryland attorney).”
3. A check payable to the Clerk of the Circuit Court for Queen Anne’s County for the proper amount of recording fees, state recordation tax, and state and county transfer taxes.
4. A certificate of residency and/or an affidavit of total payment amount of the non-resident withholding tax made payable to the Clerk of the Circuit Court for Queen Anne’s County. For more information on the certificate of residency and/or affidavit of non-resident withholding tax, visit the comptroller’s website.
INTAKE SHEET
A complete intake sheet shall:
• Describe the property by the property account tax identification number, the street address, lot and block designation (for subdivided tracts), or if the property consists of multiple parcels, the designation “various lots of ground” or the abbreviation “VAR. L.O.G.”
• Name each grantor and grantee.
• State the type of instrument.
• State the amount of consideration payable, including the amount of any mortgage or deed of trust indebtedness assumed, or the principal amount of the debt secured.
• State the amount of recording charges due, including the land records surcharge and any transfer and recordation taxes.
• Identify, by citation or explanation, each claimed exemption from recording taxes.
• A tax bill mailing address (for instruments effecting a change of ownership).
• Indicate the person to whom the instrument is to be returned.
If sending a deed through the mail, it must meet all the requirements, be accompanied by the appropriate fees, and by a letter from an attorney or party to the instrument requesting or directing the recording.
RECORDING COSTS
To record a release 9 pages or less in length, the fee is $10.
For any other instrument 9 pages or less in length, the fee is $20.
For an instrument involving principal residence, regardless of length, the fee is $20.
For instruments 10 pages or more, the fee is $75.
As of July 1, 2011, a $40 surcharge will apply to all instruments except a Notice of Sale, Power of Attorney, and a Plat.
The recordation tax is $4.95 per $500, rounded up to the nearest $500.
The state transfer tax rate is ½ of 1% of the consideration, payable entirely by the seller for first-time Maryland homebuyers who occupy the property as their principal residence. Grantees must sign a statement under oath confirming compliance with qualification; however, a co-maker or guarantor will not be required to occupy the property.
The county transfer tax rate is the same as the state rate for first-time Maryland homebuyers who occupy the property as their principal residence.
A Homeowner’s Association Disclosure is $50 for the initial filing.
|
|
|
| |
| |
| |
|
|
|
|
| Recorder Office Information |
| Queen Anne's County Circuit Court Clerk |
| 100 Court House Square, Centreville |
| 8:30 to 3:30 Monday thru Friday |
| Phone: (410) 758-1773, option #2 |
|
 |
|
|
|
| |
|
