How To Request a Single Maryland Deed:
- You submit the details of your deed request and we send an estimate
- If pricing is acceptable, we collect payment and prepare the deed
- We coordinate signing and recording, if requested
Legal Requirements
In Maryland, in order to be valid, a deed must contain the names of the grantor and grantee, a description of the property sufficient to identify it with reasonable certainty, and the interest or estate intended to be granted, is sufficient, if executed, acknowledged, and, where required, recorded. Md Code Ann. Real Property 4-101.
Let’s go through each of the elements.
The grantor is the person transferring the property (or an interest in it). The grantee is who is receiving it. The grantor may be a person, a group of persons, an entity such as a corporation or limited liability company, or someone or something serving in a fiduciary capacity such as an attorney in fact under a power of attorney, the trustee of a trust, or a personal representative of an estate. There are many other examples.
To satisfy the requirement of a description of the property sufficient to identify it, a complete legal description of the property should be included. While a tax ID may suffice (and this is the method used to identify and convey property via tax sale deed) it is best to be thorough. Note that a legal description is much different than a property’s street address.
Regarding the interest or estate to be granted, this relates to the nature of the interest being conveyed by the grantor. Depending on the circumstances, the interest may be fee simple or leasehold; the interest may be a full (100%) conveyance or a lesser percentage; the interest may be less than absolute such as a life estate (bare or enhanced). In the context of a ground rent redemption deed, the interest is actually the merger of a fee interest with a leasehold interest which results in the extinguishment of the leasehold.
Maryland law requires a deed to be executed. Until recently, that would have required an ink signature. The expansion of electronic signature laws to this state have changed this requirement. To satisfy the acknowledged requirement, a notary public needs to be involved. The notary confirms the identity of the grantor, confirms the grantor’s intent, and affixes or attaches a notary seal/stamp. All of these requirements can now be completed electronically in an online meeting. The record of that meeting and signing are required by law to be preserved for a period of years.
When a deed is recorded, it has been officially made part of the Land Records. Each deed passes through several different offices where it gets “stamps” (approvals/receipts) before finally being submitted to the Land Records, where it gets indexed and part of the public record. Deeds are indexed by their location in books (Liber), at certain pages (Folio). Every county has its own recording process. When engaged to do so, our firm will take care of recording your deed, often by e-recording (through an electronic recording system). Deeds submitted for recording are accompanied by a Certificate of Preparation. All Maryland deeds must either be prepared by (a) a licensed Maryland attorney or (b) one of the parties to the instrument*. Also required are completed intake sheet, plus any necessary affidavits and forms, supporting documentation for any claimed exemptions, and of course whatever payment is due.
*Although it is permissible for a grantor or grantee to prepare the deed, this is not recommended. Too much can go wrong, leading to invalid conveyances and unexpected results. Also MD requires supporting documentation for all claimed transfer/recordation tax exemptions, along with the proper citation(s) to the Maryland Code.
A Maryland-licensed attorney at our firm will prepare your deed, confirm all legal requirements have been satisfied, and ensure all necessary payments have been calculated and collected before submitting it for recording.