A conveyance of real property by special warranty includes a covenant from the grantor that he will "warrant specially the property hereby granted." This has the same effect as if the grantor had covenanted that he will warrant forever and defend the property to the grantee against any lawful claim and demand of the grantor and every person claiming or to claim by, through, or under him ( 2-106). Special warranty deeds are used in Maryland to transfer title. The forms offered in the Maryland Statutes are sufficient for their intended purposes. Any covenant, limitation, restriction, or provision can be annexed to or introduced with any of the statutory forms ( 4-201).
A special warranty deed in Maryland should contain the grantor's original signature, which must also be acknowledged. Maryland does not require witnesses for special warranty deeds. If a deed has been executed and acknowledged in accordance with the laws of another state, it will be accepted for recordation if the acknowledgement complies with Maryland law. When submitting a special warranty deed for recordation to the circuit court, it must be endorsed with the certificate of the collector of taxes of the county where the property is assessed and must also be accompanied by a completed intake sheet before they are submitted for recordation ( 3-104).
No special warranty deed in Maryland will be able to pass or take effect unless the deed granting the estate of inheritance or freehold is executed and recorded ( 3-101). Once recorded, a special warranty deed will take 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 ( 3-201). A recorded instrument will take effect from its effective date as against the grantee of any deed executed and delivered subsequent to the effective date, unless the grantee of the later deed has accepted delivery of the deed or other instrument in good faith, without constructive notice, and for a valuable consideration; and has recorded the deed first ( 3-203). The date of delivery of the deed is considered to be the effective date, and the date of delivery is presumably the date of the last acknowledgement, if any, or the date stated on the deed, whichever is later ( 3-201). A special warranty deed should be recorded in the county where the land affected by the deed lies. If the land lies in more than one county, then the deed should be recorded in all such counties ( 3-103). Deeds are recorded in the circuit court of the county where the property is located.
Deeds.com Maryland Special Warranty Deed Forms Have Been Updated as Recently as Friday January 11, 2019
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