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Special Warranty Deed Form - Howard County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/16/2019
Special Warranty Deed Guide - Howard County
Line by line guide explaining every blank on the form.
Included document last updated 8/1/2019
Completed Example of the Special Warranty Deed - Howard County
Example of a properly completed form for reference.
Included document last updated 8/16/2019
*The Following Maryland and Howard 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:
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.
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