Maryland Warranty Deed
Maryland warranty deed guarantees clear title and defends the buyer against claims using codified warrant generally covenant words. Attorney review available.
Introduction
Maryland codifies the operative covenant words: under Real Property Section 2-105 a promise to warrant generally the property has the effect of guaranteeing clear title forever against every lawful claim and demand of any person, and of defending the buyer. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Maryland is a true warranty-deed state, because it codifies the operative covenant words. Under Real Property Section 2-105, a covenant that the grantor will warrant generally the property hereby granted has the same effect as a promise to warrant the property forever against every lawful claim and demand of any person. A special-warranty covenant under Section 2-106, warrant specially, narrows that promise to claims arising by, through, or under the grantor. You record the signed, acknowledged deed with the Clerk of the Circuit Court, Land Records Department, for the county or Baltimore City where the property lies (Real Property Section 3-104), after the deed is endorsed with the collector of taxes certificate and a completed Maryland Land Instrument Intake Sheet. DocDraft builds your Maryland deed from your facts, with attorney review available before you record.
Key Things to Know
- 1
A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any later claim. Maryland is a true warranty-deed state that adds this guarantee through codified covenant words, not a California-style grant deed; a quitclaim adds none.
- 2
Maryland codifies the general warranty covenant. Under Real Property Section 2-105, a covenant that the grantor will warrant generally the property hereby granted has the same effect as a promise to warrant the property forever against every lawful claim and demand of any person, so a Maryland warranty deed reaches title defects that predate the seller.
- 3
Maryland also codifies a special (limited) warranty. Under Section 2-106, a covenant to warrant specially the property hereby granted warrants and defends only against claims by, through, or under the grantor, meaning problems the grantor created during their own ownership. A quitclaim omits both and passes only the grantor's interest (Section 2-101).
- 4
You record the signed, acknowledged deed with the Clerk of the Circuit Court, Land Records Department, for the county or Baltimore City where the property lies (Real Property Section 3-104). The deed must be endorsed with the collector of taxes certificate and accompanied by a completed Maryland Land Instrument Intake Sheet, with a copy to the Department of Assessments and Taxation. Maryland follows a race-notice priority rule, so record promptly (Section 3-203).
- 5
The grantor's signature must be acknowledged before a notary for the deed to be sufficient and recordable (Real Property Section 4-101(a)(1)). Maryland does not require subscribing witnesses; the statute states the absence of attestation does not affect the validity of the deed (Section 4-101(b)).
- 6
Maryland charges a state transfer tax of 0.5 percent of the consideration, reduced to 0.25 percent and paid entirely by the seller for a first-time Maryland homebuyer of a principal residence (Tax-Property Section 13-203). A separate state recordation tax set per 500 dollars of consideration (varies by county) and local county transfer taxes can also apply to the same deed.
- 7
Maryland is not a community-property state and has no homestead-joinder statute, so a sole record owner may convey their individually titled property without a spouse joining. Confirm how title is held before signing, since jointly held property requires every owner on title to sign.
Key decisions before you file
Before you file a Warranty Deed in Maryland, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
Open the Warranty Deed guideCustomize your Warranty Deed Template with DocDraft
Once your Warranty Deed is ready, you can check whether it needs to be notarized in Maryland in about a minute, and notarize it online through DocDraft if it does.
Maryland Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Maryland codifies the general warranty covenant: under Real Property Section 2-105 a covenant that the grantor will warrant generally the property hereby granted has the same effect as a promise to warrant the property forever against every lawful claim and demand of any person, so it reaches defects that predate the seller.
Maryland codifies both warranty levels. The words warrant generally give a general warranty against every lawful claim (Real Property Section 2-105). The words warrant specially give a special or limited warranty against claims only by, through, or under the grantor (Section 2-106). A quitclaim omits both and passes only the grantor's interest (Section 2-101). Choose the words to match the protection intended.
Record the signed, acknowledged deed with the Clerk of the Circuit Court, Land Records Department, for the county or Baltimore City where the property lies (Real Property Section 3-104). Maryland follows a race-notice priority rule, so a conveyance recorded first by a good-faith purchaser for value generally prevails over a later one (Section 3-203). Record promptly to protect your interest.
Before the Clerk records a deed that changes ownership, it must be endorsed with the certificate of the collector of taxes for the county and accompanied by a completed Maryland Land Instrument Intake Sheet, with a copy of the instrument submitted to the Department of Assessments and Taxation (Real Property Section 3-104). The intake sheet reports the consideration or actual value used to compute the taxes.
For a Maryland deed to be sufficient and recordable, the grantor's signature must be acknowledged before a notary or other authorized officer (Real Property Section 4-101(a)(1)). Maryland does not require subscribing witnesses; the statute states the absence of a seal or attestation does not affect the validity of the deed (Section 4-101(b)). A proper notarial acknowledgment is the recording path.
Maryland charges a state transfer tax of 0.5 percent of the consideration, reduced to 0.25 percent and paid entirely by the seller for a first-time Maryland homebuyer of a principal residence (Tax-Property Section 13-203). A separate state recordation tax set per 500 dollars of consideration, which varies by county, and a local county transfer tax can also apply to the same deed. Transfers between spouses can be exempt.
Identify the grantor and grantee, state the consideration, name the tenancy in which the grantee takes title, and include the full legal description of the property (not just the street address or tax account number). Reciting the prior recording reference (Liber and Folio) helps establish the chain of title. Errors in the description or vesting are a common and costly source of later title problems.
Maryland is not a community-property state and has no homestead-joinder statute, so a sole record owner may convey their individually titled property without a spouse joining in the deed. If the property is held jointly or as tenants by the entireties, every owner on title must sign. Confirm how title is held before signing to avoid a defective transfer.
Does your Warranty Deed need to be notarized in Maryland?
Whether a Warranty Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. In Maryland the guarantee comes from codified covenant words: under Real Property Section 2-105 a covenant that the grantor will warrant generally the property hereby granted equals a promise to warrant the property forever against every lawful claim and demand of any person. A quitclaim leaves those words out, so it conveys the grantor's interest without any covenant of title (Section 2-101).
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. Maryland codifies this: Real Property Section 2-105 provides that a covenant that the grantor will warrant generally the property hereby granted has the same effect as a covenant to warrant the property forever against every lawful claim and demand of any person. That is the broadest title protection a Maryland deed can give, which is why buyers in an arm's-length purchase usually want a warranty deed.
Maryland uses a true warranty deed, not a California-style grant deed. Maryland codifies express covenant words: warrant generally for a general warranty deed (Real Property Section 2-105) and warrant specially for a special warranty deed (Section 2-106). The operative words of conveyance, grant or bargain and sell, pass the grantor's whole estate under Section 2-101, and the warranty is added by the covenant words. So a Maryland deed can be a full warranty deed, a special warranty deed, or a quitclaim depending on which words are used.
You record the signed, acknowledged deed with the Clerk of the Circuit Court, Land Records Department, for the county or Baltimore City where the property lies (Real Property Section 3-104). Before the Clerk records it, the deed must be endorsed with the collector of taxes certificate and accompanied by a completed Maryland Land Instrument Intake Sheet, with a copy of the instrument submitted to the Department of Assessments and Taxation. Maryland follows a race-notice priority rule, so a deed recorded first by a good-faith purchaser generally prevails; record promptly (Section 3-203).
Maryland does not require an attorney to prepare or record a deed; an individual may prepare their own warranty deed and record it. Because a deed transfers title and a mistake in the legal description, the covenant words, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Maryland deed from your facts, with attorney review available as an option before you record.
It must be notarized. For a Maryland deed to be sufficient and recordable, the grantor's signature must be acknowledged before a notary or other authorized officer (Real Property Section 4-101(a)(1)). Maryland does not require subscribing witnesses; the statute states that the absence of a seal or attestation does not affect the validity of the deed (Section 4-101(b)). So a proper notarial acknowledgment is what lets the Clerk of the Circuit Court record it.
Usually yes when the property is sold. Maryland charges a state transfer tax of 0.5 percent of the consideration, reduced to 0.25 percent and paid entirely by the seller for a first-time Maryland homebuyer of a principal residence (Tax-Property Section 13-203). A separate state recordation tax set per 500 dollars of consideration, which varies by county, and a local county transfer tax can also apply to the same deed. The consideration is reported on the Maryland Land Instrument Intake Sheet. Transfers between spouses and certain family transfers can be exempt.
A general warranty deed uses the Maryland words warrant generally (Real Property Section 2-105) and protects the buyer against every lawful claim, including title defects that predate the seller. A special or limited warranty deed uses the words warrant specially (Section 2-106) and warrants only against claims arising by, through, or under the grantor, that is, problems the seller created during their own ownership. A quitclaim gives no covenants at all. Match the deed to the protection the transaction calls for.