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Certificate of Trust Form - Montgomery County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/8/2020
Certificate of Trust Guide - Montgomery County
Line by line guide explaining every blank on the form.
Included document last updated 10/28/2020
Completed Example of the Certificate of Trust Document - Montgomery County
Example of a properly completed form for reference.
Included document last updated 10/27/2020
*The Following Maryland and Montgomery County supplemental forms are included as a courtesy with your order.
Affidavit of Residency
If the seller is a resident of Maryland, he or she is exempt from the tax withholding requirement. This form certifies Maryland residency.
Intake sheet
A completed intake sheet is required with every land instrument submitted for recordation in Maryland. Instructions are provided on a separate sheet.
Income Tax Withholding for Non Resident Sale of Real Property
If the seller is a nonresident individual or entity and transferring an interest in real property in Maryland, he or she must file this form along with the deed, unless the transaction is otherwise exempt from the income tax withholding requirement.
Transfer Tax Rates and Exemptions
This excerpt from the Maryland statutes explains the transfer tax and lists exemptions on pp. 6-7. For current local tax rates, consult the list on the Maryland Department of Taxation website (under Tax & Assessment).
Homestead Tax Credit
The Homestead Tax Credit law limits the amount of assessment increase on which eligible resident homeowners actually pay county, municipal, and State property taxes each year. This credit can have a significant impact on your real estate taxes regardless of your property’s value or your income level. If the property is used as your principal residence, you are strongly encouraged to complete this application.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
How to Execute a Maryland Certification of Trust
The certification of trust is codified under 14.5--910 of the Estates and Trusts Article of the Maryland Code. The document is an abbreviation of a trust instrument, verifying the trust's existence and the trustee's authority to enter into the impending transaction.
A certification of trust contains only information essential to the transaction at hand; for example, it need not provide the dispositive terms of the trust, so the identities of trust beneficiaries remain private. The rights of certain persons to obtain the trust instrument are reserved for the instances stated under Md. Code Ann., Estates and Trusts 14.5-910(h).
The information required in a Maryland certification of trust includes a statement that the trust exists, the date of the trust instrument under which it was formed, and the identity of the trust's settlor. A settlor is defined under the Maryland Trust Act as "a person...that creates or contributes property to a trust" and can include more than one person (Md. Code Ann., Estates and Trusts 14.5-103(v)).
The certificate includes the name and address of each acting trustee at the time of the certificate's execution, as well as a description of the powers the trustee has related to the pending transaction. For example, if a certificate of trust is presented by a trustee wishing to execute a trustee's deed, a power of sale should be referenced. Recipients of the certificate can request, in addition, the excerpts from the trust instrument which designate the trustee and establish the relevant powers (Md. Code Ann., Estates and Trusts 14.5-910(e)).
The document also identifies the trust as either revocable or irrevocable and, if the former, the identity of anyone having a power to revoke the trust. For living trusts, the settlor generally retains this power. In the case of co-trustees, the certificate tells which can authenticate documents and whether all or fewer are required in exercising trustee powers. Any trustee may sign a certification of trust in the presence of a notary public.
The taxpayer identification number (TIN) of the trust is required, unless this number is the Social Security number (SSN) of the settlor. Irrevocable trusts are assigned their own taxpayer ID, separate from a SSN.
Finally, the certificate contains the name by which the trust is to hold title to assets, including real property. Where the certificate is used in transactions involving real property, a legal description of the property subject to the trust should be included. The certificate must contain a statement "that the trust has not been revoked, modified, or amended in a manner that would cause the representations in the certification of trust to be incorrect" (Md. Code Ann., Estates and Trusts 14.5-910(c)).
Recipients of a certificate may rely on the correctness of its content, and are protected under Md. Code Ann., Estates and Trusts 14.5-910(f).
Contact an attorney with any questions regarding Maryland trusts and certifications of trust, as trust law can quickly become complicated and each situation is unique.
Get your Montgomery County Certificate of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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October 28th, 2020
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October 28th, 2020
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October 27th, 2020
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Review: Thank you so much! Quick and easy. Received it in under 5 minutes.
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October 27th, 2020
Name: Paul A.
Review: The website worked fast but the information was limited and the actual deed of trust was what i was looking for from the county --- the info was limited the website is fast and seemed accurate just limited the information I needed
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October 27th, 2020
Name: Mike M.
Review: Get Rid of the places to initial each page on the Trust Deed. The Co. Recorder (Davis) does not require that each page be initialled... If I and the "borrower" had initialed each page, then I would have to use US Mail to get the form from AZ to UT because scans of initials are not acceptable, but only a notarized signature from the borrower is...
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October 26th, 2020
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