Real Estate Deeds

Maryland Warranty Deed

A general warranty deed in Maryland contains a covenant from the grantor that he will "warrant generally the property hereby granted." This has the same effect as if the grantor had covenanted that he will warrant forever the property to the grantee against every lawful claim and demand of all persons ( 2-105). A warranty deed can include a covenant of seisin, a covenant of the right to grant, covenant of quiet enjoyment, a covenant against encumbrances, and a covenant of further assurances ( 2-112).

The grantor to a warranty deed must sign the instrument and have his or her signature acknowledged. Witnesses are not required for a warranty deed in Maryland. Any deed that has been executed and acknowledged in accordance with the laws of another state will be accepted for recordation if the acknowledgement complies with Maryland law. Warranty deeds 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).

Except as otherwise may be provided, no warranty deed in Maryland can pass or take effect unless the deed granting the estate of inheritance or freehold is executed and recorded ( 3-101). Recordings take place at the Circuit Court of the county where the property is located. Warranty deeds should be recorded in the county where the land affected by the deed lies; or, if the land lies in more than one county, then the deed should be recorded in all such counties ( 3-103). Warranty deeds, when recorded, take effect from their 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). Every recorded deed or other instrument takes 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 subsequent deed has (a) accepted delivery of the deed or other instrument in good faith, without constructive notice, for a valuable consideration; and (b) has recorded the deed first ( 3-203). The effective date is the date of delivery, 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). Maryland Warranty Deed Forms Have Been Updated as Recently as Monday April 23, 2018