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Disclaimer - This page supplies some basic details 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 attorney or Maryland title company to help you with a residential or commercial property transfer.
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What are Land Records?

Every Maryland County and Baltimore City has a Department of Land Records situated 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 range of media from "well-bound books" to digitally scanned images.

What can be recorded at Land Records? The Department of Land Records can tape any "instrument" (or legal file) that impacts someone's legal interest in genuine residential or commercial property. Common files tape-recorded in land records are deeds, mortgages, liens, powers of attorney, and certain 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 document that provides ownership rights to a piece of land. In a deed, someone, called the grantor, offers their ownership rights in land to a 2nd person, called the beneficiary. Deeds contain crucial details about the residential or commercial property and the regards to 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 documents that satisfy the requirements for addition in land records, rejecting files that do not, and keeping records. Clerks may likewise gather specific payments at the time documents are submitted. When you concern the Department of Land Records, you need to have your files all set to provide to the clerk. The clerks can respond to only a couple of restricted concerns. The clerks can not:

- Help you complete documents or kinds

Review your documents prior to being presented for recording
Tell you if your files will achieve your goals
Perform a title search for you
Give you legal recommendations

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

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

How can I get Information from Land Records?

How do I search for a deed? Deeds are public details. This implies anyone can see and get a copy of a deed. Deeds can be seen for complimentary online through mdlandrec.net. You need to produce an account with the Maryland State Archives to view deeds on mdlandrec.net. Many courthouses also have computer system terminals you can use to browse or evaluate deeds. If you have a deed referral number, or require extra support finding a deed, a clerk in the Department of Land Records can help discover the deed for you. Should you want copies of any file, the expense is $.50 per page.

Where can I find a deed referral number? Every deed recorded in land records has a referral number that describes the book and page number where it is kept. (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 after that enter the residential or commercial property address. The reference number appears under the owner details area in the leading 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 various type of liens. Only some are taped in land records. If you are intending on transferring residential or commercial property, consider looking for assistance from a lawyer or title business to find liens.

- Liens versus residential or commercial property can be recorded at the Department of Land Records together with deeds. Look for liens online utilizing 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 search for court judgments versus the residential or commercial property's owner.
Unpaid taxes on the residential or commercial property may lead to a lien. Visit your regional county or city's finance office to find residential or commercial property tax or other municipal liens.

Can I examine if a home remains 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 search for a foreclosure case by searching the owner's name on Maryland Case Search.

How do I record a deed?

You can check out the steps to tape-record a new deed at the People's Law Library. Preparing a deed is made complex. Small errors can have major consequences and be challenging to fix. There may likewise be tax effects for residential or commercial property transfers. Consider speaking with a lawyer before you prepare any files

What are the costs associated with taping deeds? Please keep in mind that Chapter 538 from the 2020 Session of the Maryland General Assembly supplies that the present $40 additional charge on recordable instruments taped amongst the land records and financing statement records will advance and after July 1, 2020. To learn more, see page 15 through 16 here.

Deeds and other documents have charges, additional charges, and taxes you should pay to record them in land records. Some fees are paid directly to the Land Records Department. Others need to be paid to your regional county or city finance workplace or other city government workplaces. Fees charged by the Land Records Department are noted in the Circuit Court fee schedule. Clerks at the Land Records Department can address some concerns about the costs you require to pay and where you must go to pay them. Below is a list of expenses related to recording and transferring deeds. Seek expert aid from a Maryland lawyer or title business to identify the exact costs of any particular transaction.

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

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

You can read about the actions to tape-record a brand-new deed at individuals's Law Library. Preparing a deed is made complex. Small mistakes can have major effects and be hard to fix. Consider speaking to a Maryland lawyer before you prepare any documents.

What if an individual listed on a deed has died? When somebody passes away, changing legal ownership of their residential or commercial property normally 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 deceased person lived at their time of death. More details 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 back on the mortgage, the loan provider that holds the mortgage can foreclose on the residential or commercial property. Foreclosure means the lender can go to court and ask to offer the residential or commercial property by auction. A deed in lieu can be done rather of auctioning the residential or commercial property. This suggests that the residential or commercial property owner will move ownership of the home straight to the loan provider. The loan should consent to accept a deed in lieu of foreclosure.

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

What is a quitclaim deed? In routine deeds, the grantor warrants typically that there are no issues with the title. If it ends up that there is a problem with the residential or commercial property's title or other ownership rights, the grantor can be called to account.

In a quitclaim deed, the grantor makes no guarantees that they have an excellent title to the residential or commercial property. The grantor does not even promise that they own the residential or commercial property. Instead, the grantor just transfers whatever interest, if any, they have in the residential or commercial property. By accepting a quitclaim deed, the beneficiary takes duty 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 property owner passes away, a person named in the deed instantly becomes the owner of the residential or commercial property. Life estates have some crucial advantages and downsides over regular residential or commercial property ownership. Seek advice from an attorney before you established your life estate.

What is an agreement of sale? A contract of sale is a written contract to move ownership of residential or commercial property. The agreement does not cause the legal ownership of the residential or commercial property to change. The deed is the file which has the legal result of moving the residential or commercial property. The contract will state terms of the transfer including who will write a brand-new deed and when the deed should be signed. An agreement of sale undergoes taxes. If the agreement falls through the tax is not refundable.

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

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- Hire a private lawyer: regional bar association attorney recommendation programs can help you discover a lawyer
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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 are in each county's Circuit Court

Important Government Offices

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

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