Grant deeds are statutory under the Maryland Code, Real Property, section 4-202. By using the word "grant," the grantor (owner) warrants to the grantee (buyer) that at the time of execution of the deed, he is in lawful possession of the land granted by the deed (Md. Code, Real Prop. 2-107) but does not warrant that he will defend title claims .
A lawful grant deed identifies the names, addresses, and marital status of each grantor and grantee, and information on how the grantee will hold title. For Maryland residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless expressly stated otherwise (Md. Code, Real Prop. 2-117). In the case of a married couple, a tenancy by the entirety is automatically created (Md. Code, Real Prop. 4-108).
Include the source of title, a complete legal description of the property (Md. Code, Real Prop. 4--101), and a certificate of preparation (Md. Code, Real Prop. 3-104(f)(1)) in the deed. Submit a completed intake sheet along with the deed when recording (Md. Code, Real Prop. 3-104). Other supplemental documents may include an affidavit of residency or whatever else is necessary for the specific transfer. Consult the local recording office with questions.
A transfer tax is imposed on most deeds (Md. Code, Tax Prop. 13-202). Exemptions from the transfer tax can be found at (Md. Code, Tax Prop. 13-207(a)). As a prerequisite to recording, grant deeds must be endorsed with the certificate of the collector of taxes of the county where the property is assessed.
To be recorded, a grant deed must be signed by the grantor, and the signature must be acknowledged. Witnesses are not required for conveyances of real estate in Maryland. The deed must be executed and recorded in order to provide notice of the transfer.
A grant deed should be recorded in the county where the property is located. If the land is in more than one county, the deed should be recorded in all such counties (Md. Code, Real Prop. 3-103). The circuit court in the county where the property is located is responsible for recordings deeds.
In addition to the content requirements set forth by statute, the form must meet all state and local standards for recorded documents. These may vary from county to county, so contact the local recording office with questions.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact a lawyer with questions about grant deeds or transfers of real property in Maryland.
Deeds.com Maryland Grant Deed Forms Have Been Updated as Recently as Tuesday August 20, 2019
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A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
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