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The Circuit Court Clerk's Office is responsible for recording and maintaining real property records in Calvert County.
* $20.00 for an instrument involving solely a principal residence, regardless of length (except as provided in next item)
* $10.00 for a release nine (9) pages or less in length (this does not apply to a termination of a financing statement)
* $20.00 for any other instrument nine (9) pages or less in length
* $75 any other instrument ten (10) pages or more in length
Recording Surcharge: $40.00 (collected on all instruments recorded in land records or financing statement records, other than a Power of Attorney, Request of Notice (Foreclosure sale), plats, and homeowners' association disclosures)
TRANSFER & RECORDATION TAX
State recordation tax - $5 for every $500 or fraction thereof of consideration (exemption codes must be cited from Tax Property Article, 12-108)
State transfer tax - one half of 1% of the consideration (exemptions in Tax Property Article, 13-207), and .25 % for first-time Maryland homebuyers purchasing a principal place of residence.
If there are multiple grantees on the deed, all must be either first-time Maryland homebuyers acquiring their principal residence or persons joining in the deed and purchase money deed of trust as co-makers or guarantors.
To qualify for this exemption, each grantee must supply a statement under oath, signed by the grantee stating that the grantee is a first-time Maryland homebuyer who will occupy the residence as a principal residence or is a co-maker or guarantor of the purchase money mortgage/deed of trust who will not occupy the residence as a principal residence. The state transfer tax on such a deed is payable by the seller and may not be shifted to the purchaser.
Checks should be made payable to the Clerk of the Circuit Court for the proper amount of recording fees, state recordation tax, and transfer tax. Cash, checks, or money orders are acceptable forms of payment.
* Any deed or document that effects a change of ownership must be accompanied by a completed Land Intake Sheet.
* Deeds must be signed by the grantor and acknowledged before a notary public. Corresponding names should be typed or printed beneath signatures.
* When submitting a deed, include a completed copy for submission to the Department of Assessments and Taxation.
* A deed must contain a certificate of preparation by a Maryland attorney or one of the parties named in the instrument. The preparer can be named in the following manner: "This is to certify that the within instrument has been prepared by a party to the instrument." This should be followed by the preparer's signature.
* Include a legal description of the real property, including the property tax ID number.
* Deeds must be reviewed and stamped by the Treasurer of Calvert County prior to being presented to the Clerk's office for recording.
* Include a certificate of residency and/or affidavit of total payment amount and a separate check for the exact amount of the non-resident withholding tax made payable to the Clerk of the Circuit Court. A certificate of residency can be obtained on the Clerk of the Circuit Court's website. The information requested in the certificate can be obtained by visiting the Comptroller's website.
* A document should consist of individual pages measuring no larger than 8.5 x 14 inches and should have printing on one side only. Printing or typing should be in a font size of at least 8 point and in black ink. Paper needs to be of sufficient weight to produce a legible copy.
* On the first page, provide a blank top margin of at least 2 inches. All other margins need to be at least 1 inch.
* On the front or last page of an instrument, provide the name and address of the person to whom the document will be returned.
* State the relationship, if any, of the grantor and grantee within the document.
* Taxes are based on the actual consideration to be paid including the amount of any mortgage or deed of trust assumed by the grantee. A statement of the amount of actual consideration shall either be included in every taxable instrument offered for record as part of its recitals or as part of the acknowledgment, or be contained in a separate affidavit accompanying the instrument. The affidavit is to be signed under the penalties of perjury by a party to the instrument or the agent of such party. If claiming an exemption to taxes, cite the specific exemption code on the document. If a document is missing an exemption code, full taxes will be charged.
LAND INTAKE SHEET
The purpose of the Land Intake sheet is to provide a single form that the twenty-four circuit court clerk offices will use to expedite the accurate recording, processing, and indexing of land instruments. A release or assignment of mortgage does not need an Intake sheet, nor does a deed of trust.
When a deed or other instrument changing ownership is submitted to the Maryland Department of Assessments and Taxation (SDAT), a photocopy of the instrument as well as the original must accompany the Intake Sheet. Only one Intake Sheet should be completed for each transaction involving the same property. If there are more than two instruments submitted for the same transaction, the Addendum to Intake Sheet should be used to itemize information relevant to grantors/grantees such as considerations, recording fees, and taxes. If the preparer is submitting Intake Sheets or Addendums printed through their own computer, a sufficient number of forms should be presented with the instruments.
The Land Intake sheet should be printed or typed legibly in black ink. When printing, press firmly to complete all four copies.
Social security numbers and driver's license numbers may not be included in any instrument submitted to the land records.
Effect of Recording: Every deed, when recorded, takes 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.
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: (1) Accepted delivery of the deed or other instrument:(i) In good faith; (ii) Without constructive notice under 3-202; and (iii) For a good and valuable consideration; and (2) Recorded the deed first.