Maryland Warranty Deed

Introduction

Key Things to Know

1. 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. 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. 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. 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. 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. 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. 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.

Maryland Requirements for Warranty Deed

• Title Guarantee and Covenants

  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.

• General vs Special Warranty Words

  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 with the Circuit Court Land Records

  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.

• Intake Sheet and Tax Certificate

  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.

• Notary Acknowledgment, No Witnesses

  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.

• State Transfer Tax and Recordation Tax

  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.

• Legal Description and Parties

  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.

• No Spousal Joinder for Sole Ownership

  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.