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Notice to Owner Form - Montgomery County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/19/2021
Notice to Owner Guide - Montgomery County
Line by line guide explaining every blank on the form.
Included document last updated 3/19/2021
Completed Example of the Notice to Owner Document - Montgomery County
Example of a properly completed form for reference.
Included document last updated 1/18/2021
*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:
Before filing or recording a mechanic's lien in Maryland, lien claimants must serve the owner (or the owner's agent) with a preliminary notice. In Maryland, this is called a "Notice to Owner of Intention to Claim a Lien." The required type of notice and time limitations depend on who the customer is and what kind of job is involved.
A subcontractor doing work or furnishing materials or both for or about a building other than a single-family dwelling being erected on the owner's land for his own residence is not entitled to a lien under this subtitle unless, within 120 days after doing the work or furnishing the materials, the subcontractor gives written notice of an intention to claim a lien. Md. Real Prop. Code, section 9-104(a)(1).
With regard to residential dwellings, a subcontractor doing work or furnishing materials or both for a single family dwelling being erected on the owner's land for his own residence is not entitled to a lien under this subtitle unless, within 120 days after doing work or furnishing materials for or about that project, the subcontractor gives written notice of an intention to claim a lien as described above, and the owner has not made full payment to the contractor prior to receiving the notice. Md. Real Prop. Code, section 9-104(b).
A valid notice identifies the parties, the location and nature of services and/or materials, fees and amounts paid, as well as any information relevant to the specific situation.
The notice is effective if given by registered or certified mail, return receipt requested, or personally delivered to the owner by the claimant or his agent. Md. Real Prop. Code, section 9-104(c). If there is more than one owner, the subcontractor may comply with this requirement by giving the notice to any of the owners. Id.
If notice cannot be given on account of absence or other causes, the subcontractor, or his agent, in the presence of a competent witness and within 120 days, may place the notice on the door or other front part of the building. Md. Real Prop. Code, section 9-104(e). Notice by posting is sufficient in all cases where the owner of the property has died and his successors in title do not appear on the public records of the county. Id.
On receipt of this notice, the owner may withhold, from sums due the contractor, the amount the owner ascertains to be due the subcontractor giving the notice. Md. Real Prop. Code, section 9-104(f)(1). If the subcontractor giving notice establishes a lien, the contractor shall receive only the difference between the amount due him and that due the subcontractor giving the notice. Md. Real Prop. Code, section 9-104(f)(2).
The lien of the subcontractor against a single family dwelling being erected on the land of the owner for his own residence shall not exceed the amount by which the owner is indebted under the contract at the time the notice is given. Md. Real Prop. Code, section 9-104(f)(3).
This article is provided for informational purposes only. If you have questions about sending preliminary lien notices in Maryland, or any other issues related to property liens, please consult an attorney.
Get your Montgomery County Notice to Owner 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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