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Disclaimer - This page provides some basic info about Maryland land records. Residential or commercial property transfers can be made complex. There may also be tax consequences for residential or commercial property transfers. Consider calling a Maryland legal representative or Maryland title business to assist you with a residential or commercial property transfer.

What are Land Records?

Every Maryland County and Baltimore City has a Department of Land Records located because County's Circuit Notary's Office. These departments maintain records about real residential or commercial property in the county that are available on a variety of media from "well-bound books" to digitally scanned images.

What can be taped at Land Records? The Department of Land Records can tape-record any "instrument" (or legal file) that affects somebody's legal interest in real residential or commercial property. Common files recorded in land records are deeds, mortgages, liens, powers of attorney, and particular leases.

Read the law: Maryland Code, Real Residential Or Commercial Property § § 3-101, 3-102, and Commercial Law § 9-501( a)( 1 )

What is a deed? A deed is a composed file that gives ownership rights to a piece of land. In a deed, one person, called the grantor, gives their ownership rights in land to a 2nd person, called the grantee. Deeds include important information about the residential or commercial property and the terms of the residential or commercial property transfer.

What can the clerks at the Department of Land Records do? Clerks at the Department of Land Records are accountable for accepting files that fulfill the requirements for addition in land records, declining documents that do not, and keeping records. Clerks might likewise gather particular payments at the time documents are submitted. When you pertain to the Department of Land Records, you must have your files ready to provide to the clerk. The clerks can respond to just a few restricted concerns. The clerks can not:

- Help you submit files or kinds

Review your files prior to being provided for recording
Tell you if your documents will accomplish your objectives
Perform a title search for you
Give you legal guidance

In lots of counties, the clerks can decline a file into land records until the county's financing or treasurer's workplace endorses the document and collects taxes.

Read the law: Maryland Code, Real Residential Or Commercial Property § 3-104

How can I get Information from Land Records?

How do I look up a deed? Deeds are public information. This means anybody can see and get a copy of a deed. Deeds can be seen totally free online through mdlandrec.net. You should produce an account with the Maryland State Archives to see deeds on mdlandrec.net. Many court houses likewise have computer system terminals you can utilize to browse or examine deeds. If you have a deed reference number, or require extra assistance discovering a deed, a clerk in the Department of Land Records can assist discover the deed for you. Should you desire copies of any file, the expense is $.50 per page.

Where can I discover a deed referral number? Every deed recorded in land records has a referral number that refers to the book and page number where it is saved. (Sometimes deeds utilize the Latin words "liber" for book and "folio" for page.) Look up recommendation numbers online through the Maryland Department of Assessments. Select a county and then go into the residential or commercial property address. The reference number appears under the owner info section in the top right corner of the page. The book number is first, followed by a backslash, then the page number.

How do I discover a lien? Finding all liens on a residential or commercial property is challenging. There are different kinds of liens. Only some are recorded in land records. If you are preparing on moving residential or commercial property, consider looking for aid from an attorney or title business to locate liens.

- Liens versus residential or commercial property can be taped at the Department of Land Records alongside deeds. Search for liens online using Maryland Land Records (mdlandrec.net).
Some liens come from court judgments. If this happens, the lien may not be at Land Records. Go to Maryland Case Search to look for court judgments versus the residential or commercial property's owner.
Unpaid taxes on the residential or commercial property might result in a lien. Visit your local county or city's finance workplace to discover residential or commercial property tax or other local liens.

Can I check if a home is in foreclosure at Land Records? Foreclosure cases are not kept at the Department of Land Records. The Civil Clerk at the Circuit Court deals with foreclosure cases. You can look up a foreclosure case by searching the owner's name on Maryland Case Search.

How do I record a deed?

You can check out the actions to tape-record a new deed at the People's Law Library. Preparing a deed is complicated. Small errors can have major consequences and be difficult to repair. There may also be tax repercussions for residential or commercial property transfers. Consider talking to a legal representative before you prepare any files

What are the costs connected with taping deeds? Please keep in mind that Chapter 538 from the 2020 Session of the Maryland General Assembly supplies that the current $40 surcharge on recordable instruments tape-recorded amongst the land records and funding statement records will advance and after July 1, 2020. For additional information, see page 15 through 16 here.

Deeds and other files have costs, additional charges, and taxes you need to pay to tape-record them in land records. Some fees are paid straight to the Land Records Department. Others need to be paid to your local county or city financing office or other city government offices. Fees charged by the Land Records Department are listed in the Circuit Court fee schedule. Clerks at the Land Records Department can answer some concerns about the charges you require to pay and where you must go to pay them. Below is a list of costs related to recording and transferring deeds. Seek expert aid from a Maryland legal representative or title company to determine the exact costs of any particular deal.

- Recording fees and surcharges
Recordation tax
State transfer tax
County transfer tax
Non-Resident tax

How do I take somebody's name off a deed? How do I include somebody's name to a deed? To take somebody's name off a deed, a brand-new deed should be prepared to move the residential or commercial property from all of the present owners to all of the remaining owners. Similarly, to add someone to a deed a new deed need to be prepared to transfer the residential or commercial property from all present owners to all new and present owners. The brand-new deed needs to then be taped in land records.

You can read about the actions to record a new deed at the People's Law Library. Preparing a deed is complicated. Small mistakes can have significant consequences and be difficult to repair. Consider speaking to a Maryland lawyer before you prepare any files.

What if a person listed on a deed has died? When someone passes away, altering legal ownership of their residential or commercial property usually does not occur at the Department of Land Records. Instead, there is a legal procedure to distribute their residential or commercial property called estate administration. An estate can be opened at the Register of Wills in the county where the departed person lived at their time of death. More info on the estate administration procedure can be discovered at the People's Law Library.

What is a deed in lieu of foreclosure? If a residential or commercial property owner falls behind on the mortgage, the loan provider that holds the mortgage can foreclose on the residential or commercial property. Foreclosure indicates the loan provider can litigate and ask to offer the residential or commercial property by auction. A deed in lieu can be done instead of auctioning the residential or commercial property. This indicates that the residential or commercial property owner will move ownership of the home straight to the lender. The should agree to accept a deed in lieu of foreclosure.

If you are facing foreclosure and require support, call the Maryland HOPE Hotline at 1-877-462-7555. Housing therapists can help you explore your options.

What is a quitclaim deed? In routine deeds, the grantor warrants usually that there are no issues with the title. If it turns out that there is a problem with the residential or commercial property's title or other ownership rights, the grantor can be held accountable.

In a quitclaim deed, the grantor makes no pledges that they have a great title to the residential or commercial property. The grantor does not even assure that they own the residential or commercial property. Instead, the grantor just moves whatever interest, if any, they have in the residential or commercial property. By accepting a quitclaim deed, the grantee takes obligation for any issues with the ownership rights to the residential or commercial property.

What is a life estate? A residential or commercial property owner with a life estate has ownership rights of their residential or commercial property till they die. When the house owner dies, an individual named in the deed instantly ends up being the owner of the residential or commercial property. Life estates have some essential advantages and downsides over routine residential or commercial property ownership. Seek advice from a lawyer before you set up your life estate.

What is a contract of sale? An agreement of sale is a written arrangement to transfer ownership of residential or commercial property. The agreement does not trigger the legal ownership of the residential or commercial property to alter. The deed is the file which has the legal impact of moving the residential or commercial property. The agreement will mention regards to the transfer including who will compose a brand-new deed and when the deed must be signed. A contract of sale is subject to taxes. If the agreement fails the tax is not refundable.

Can I submit deeds online? In some counties, deeds and other files for the Department of Land Records might be submitted online at Simplifile. An existing list of Land Records Departments and County Finance Offices that allow electronic filing of deeds can be discovered here. Check out the requirements for electronic filing here. You can use an electronic signature if you total and submit an Affidavit of Intent to Use Electronic Signature.

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- Hire a private lawyer: local bar association attorney referral programs can help you discover an attorney
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Which Forms?

Maryland Land Instrument Intake Sheet Instructions. Maryland Land Instrument Intake Sheet. Addendum State of Maryland Land Instrument Intake Sheet. Procedures for Implementing the Maryland Real Residential Or Commercial Property Electronic Recording Act. Affidavit of Intent to Use Electronic Signatures (Paper Documents). Notice of Lis Pendens (Md. Rule 12-102 (b)). Notice of Termination of Lis Pendens (Md. Rule 12-102( d))

Which Court?

- Land Records workplaces remain in each county's Circuit Court

Important Government Offices

County Land Records Offices - The land records office for each county remains in that county's circuit court. Department of Assessments and Taxation. Maryland Comptroller. County Finance Offices

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