The Maryland quitclaim deed is the document used for property transfers between two or more parties. The party transferring the property is called the grantor, while the party that becomes the new owner of the property is called the grantee.
Unlike the warranty deed and special warranty deed, the general quitclaim deed has a relatively simple form, which makes the property transfer faster than with other forms of deeds.
However, the quitclaim deed doesn’t provide any warranty for the party obtaining the property since the grantor only transfers their interests in the property without guaranteeing that there are no other claims to the property.
Quitclaim Deed Important Laws & Requirements in Maryland
Laws & Requirements
Statute: Title 3 – Recordation
Signing requirements: The grantor must sign the quitclaim deed before the notary public or the officer of the court. (§ 4-101(a)(1))
Recording: The grantor must submit the quitclaim deed to the Clerk of the Circuit Court for document recording.
Recording fees: When recording the quitclaim deed, the $20 fee must be paid. (§ 3-601(a)(2)(ii))
Additional documents: Property Disclosure Statement: The grantor must present this document to any prospective buyer of the property and disclose the condition of the property. (§ 10-702)
When to Use a Quitclaim Deed in Maryland
The general quitclaim deed is mostly used in situations where the parties want to make a fast and simple property transaction without the necessity for warranties.
#1. Title Modifications
This kind of deed can be used to make quick changes to the property title. The changes can be made due to an error in the title or to update the information.
#2. Property Transfer
The most common use for the quitclaim deed is for transferring property. The grantor will sign the quitclaim deed and transfer all of their interests in the property to the grantee.
The grantor, however, doesn’t provide any guarantees that they are authorized to transfer the property or that there are no other claims against the property. Therefore, the grantee should do their due diligence and check the property title before obtaining the property in this way.
#3. Living Trust Transfer
The grantor can use this type of deed to transfer their property to their living trust. There is no need for any warranties with this type of transaction, which makes the quitclaim deed the perfect solution.
How to Create a Quitclaim Deed in Maryland
#1. Fill Out The Form
Firstly, you should fill out the most important information about the grantor and grantee. Insert their names, mailing addresses, marital statuses, and ID numbers.
If some of the parties are legal entities, insert their registered names, registration numbers, statuses, and mailing addresses.
#2. Add the “Note Consideration”
The note consideration provides information on the value the grantee owes to the grantor for transferring the property. The property can be transferred with or without consideration.
Forms of Consideration
Transfer of a certain amount of money
Providing certain services
Default on debt
Any other kind of value
In some cases, the parties can arrange the nominal value for the property transfer, while the real value remains private.
#3. Write the Legal Description
The legal description includes the specific lot number and block number of the recorded subdivision. The parties can also include a description of the property boundaries in case the lot number is not available.
#4. Sign & Get it Notarized
The grantor must sign the quitclaim deed before the notary public or the officer of the court.
#5. File the Quitclaim Deed
Finally, the parties should file the quitclaim deed with the relevant governmental body in charge of the deed registration.
Where to File a Quitclaim Deed in Maryland
In Maryland, the parties submit the quitclaim deed to the Clerk of the Circuit Court according to the property location.