what type of lawyer do you need to do a quit claim deed in maryland

How do I get a Quit Claim Deed in Maryland?

Quitclaim deeds may also be used to deal with the possibility of existing or possible questions about a property’s title. A quitclaim deed is also known as a “deed of release” for this reason. If there’s a chance that someone could have a claim to the property, such as a divorced or divorcing spouse, or there’s a problem with the ...

Who can draw up a deed in Maryland?

Did you know? A quit claim deed often leaves out necessary language but is not necessarily cheaper to prepare! Arden Law Firm prepares most any kind of deed (including quit claim deeds) for a reasonable flat fee - call 410-216-7000 to see if the firm can help with your deed. For a flat fee of $240 - $250 in most cases (plus governmental recording fees) the firm can in most …

When to use a Quit Claim Deed on a property?

 · What Is A Quitclaim Deed In Maryland or D.C.? A quit claim deed is a deed in which the grantor conveys all of the interest that he or she may have in a property to the grantee, without warranties.. Why Don’t You Like Drafting Quitclaim Deeds Attorney Pendergraft? The keyword is “may”. Or in other words, the person who conveys the deed is essentially saying that …

Can a quitclaim deed be used to transfer ownership to an LLC?

 · What Is A Quitclaim Deed? A quitclaim deed can be one of the simplest methods of transferring real property to a new owner. In other words, the property owner (also known as the grantor) can offer this type of deed and transfer the entire interest in the property to the recipient, or the grantee. Although there may be money is involved in this ...

How much does it cost to file a quit claim deed in Maryland?

For a flat fee of $240 - $250 in most cases (plus governmental recording fees) the firm can in most circumstances have an attorney prepared deed ready for signature in 2-4 business days. In most cases a true " Quit Claim Deed" is rarely the best choice.

Does an attorney have to prepare a deed in Maryland?

A deed to be recorded can be prepared by an attorney licensed in Maryland or by one of the parties named in the deed. It is critical that each step is followed precisely and that the wording of the dead is accurate.

How do I file a quick claim deed in Maryland?

Documents: To submit the quitclaim deed to the Clerk of the Circuit Court, you must have a Land Intake Sheet with the deed. Filing: Quitclaim deeds in Maryland are filed with the Clerk of the Circuit Court in the county where the property is located. Each county has its own filing fee.

What type of lawyer handles deeds?

A property lawyer can research all requirements, negotiate, draft the deed, and represent you in court if necessary. A lawyer can also help sellers decide the best type of deed transfer to perform depending on the circumstances of the sale.

How long does it take for deed to be recorded in Maryland?

4-6 weeksWhen the Land Records clerk is satisfied that the correct documents have been submitted, the clerk will accept the documents for filing. After your documents are recorded, the original deed will be mailed to you, which often takes 4-6 weeks.

Does a deed have to be recorded to be valid Maryland?

Maryland law requires all deeds to include the names of the grantor (the seller) and grantee (the buyer), a description of the property, and the interest that you intend to convey. All deeds must be recorded with the Department of Land Records in the county where the property is located.

How does a quit claim deed work in Maryland?

A Maryland quit claim deed is used to transfer property in Maryland from one person to another. Unlike a warranty deed, the quit claim does not include any guarantee as to the title. The seller is merely transferring whatever interest he may or may not have in the property to the buyer.

How do I remove someone from a deed in Maryland?

A person who wants to remove someone from a property deed can prepare the deed themselves or have an attorney do it. A deed typically states the price of purchase (consideration), but if the grantor wants to add a co-owner or gift the real property to another, the deed must say that no consideration is changing hands.

How do I change the name on the deeds to my house?

Getting the name changed on your deeds is an easy process and you do not need to involve a solicitor. Generally there is no fee to pay either. You simply need to send a letter to the Land Registry office requesting the name change, together with either the original or a certified copy of your marriage certificate.

How much does a real estate attorney charge?

Fixed hourly rate: A real estate attorney who charges an hourly rate may charge $150 – $350 per hour, but this can vary a lot depending on how experienced the attorney is and what area you're in. Fixed rates for specific services: They may also charge a flat fee for the particular services they provide.

How long does it take to do a deed transfer?

It usually takes four to six weeks to complete the legal processes involved in the transfer of title.

What does a property lawyer do?

The daily tasks of a property lawyer include negotiating property transactions, structuring arrangements for conveyancing or investments, and preparing documentation, such as contracts, to finalize transactions.

What Is A Quitclaim Deed?

Normally, something called a "grant deed" or "warranty deed" is used to convey title to a particular property or parcel of land. In exchange for a...

When It's Appropriate to Use A Quitclaim Deed

Given all of this, why would anyone want to use or accept a quitclaim deed?The simplest situation in which a quitclaim deed is useful is for transf...

Quitclaim Deed Requirements

Each state's laws contain specific requirements for completing a quitclaim deed. Most every state requires the following information on the documen...

Quitclaim Deeds Are Not Reversible

Once a quitclaim deed has been signed and delivered, the grantor no longer owns the property. The transfer is final and cannot be reversed unless t...

Questions For Your Attorney

1. Should I accept a quitclaim deed if I’m buying a house? 2. I’m getting divorced. Does signing a quitclaim deed remove me from the mortgage? 3. C...

What is quitclaim deed?

The quitclaim deed is a legal document (deed) used to transfer interest in real estate from one person or entity (grantor) to another (grantee). Unlike other legal conveyance deeds, the quitclaim conveys only the interest the grantor has at the time of the deed's execution and does not guarantee ...

Why do you have to quit claim a title?

Title companies may require a person to execute a quitclaim document in order to clear up what they consider to be a cloud on the title prior to issuing title insurance. Similarly, prior to funding a loan, lenders may ask someone who is not going to be on a loan, such as a spouse, to complete and record a deed quitclaiming their interest.

Can a quitclaim deed affect title insurance?

Quitclaim deeds can have an impact on the continuance of title insurance.

Is a deed enforceable without consideration?

While in some cases a deed may be enforceable without consideration it certainly muddies the water.

What does the title of a legal document tell you?

The title of a legal document tells the world what type of document it is .

Is a quitclaim document legally executed?

Once the completed document has been signed by all required signers, delivered to and accepted by the grantee, it is considered legally executed. Recording.

Do you need to notarize a grantor's signature?

In most cases the grantor's signature will need to be notarized

What is needed for a Maryland deed?

A: Several things need to go into a Maryland deed. A deed needs to specify the proper type of grant, provide an adequate description of the property, spell out how the grantees will hold title (options include individually, joint tenants, tenants in common or tenants by the entireties) and may be either a special or general warranty deed (or in some cases a non-warranty deed). If an exemption is claimed (from transfer/recordation tax), additional language may need to be included.

How much does it cost to prepare a quit claim deed?

For a flat fee of $240 - $250 in most cases (plus governmental recording fees) the firm can in most circumstances have an attorney prepared deed ready for signature in 2-4 business days.

Do you need a personal representative deed?

A: If an estate has already been opened, you need to do a Personal Representative Deed. You should have the death certificate and Estate letters in hand. If you need to transfer property from a decedent (someone who died) you'll likely need a Personal Representative's Deed.

What happens if you add your child to a deed?

The recipient may wind up paying thousands more in capital gains tax if the deed is not set up properly. Additionally, if a child gets into financial difficulty or gets sued in an automobile accident, the house you "added" your child onto may be seized and sold by creditors.

Can you add someone to a deed without planning?

A: All these are great questions and the best solution for you will depend on your specific circumstances. However generally speaking it is NOT a good idea to simply "add" someone to a deed without careful planning. A variety of taxes and other complications can come into play. The recipient may wind up paying thousands more in capital gains tax if the deed is not set up properly. Additionally, if a child gets into financial difficulty or gets sued in an automobile accident, the house you "added" your child onto may be seized and sold by creditors.

Can you quit claim a deed?

In most cases a true " Quit Claim Deed" is rarely the best choice. In fact, the person giving over the property isn't confirming that they own whatever they are deeding! In some limited circumstances, quit claims may suffice but generally if the person giving away the property clearly owns it, other options should be explored. A Grantor (the person giving away property) might not want to give full warranties when no money changes hands, there are usually better ways to structure a deed.

How much does it cost to notarize a deed in Crownsville?

Arden Law Firm can retrieve your existing deed and tax account information, prepare a new deed, necessary affidavits and county intake paperwork, arrange for notarizing and witnessing in our Crownsville office and coordinate stamping and recording for a flat fee ($225 - $250 plus any gov't fees/taxes)

What is a quit claim deed in Maryland?

What Is A Quitclaim Deed In Maryland or D.C.? A quit claim deed is a deed in which the grantor conveys all of the interest that he or she may have in a property to the grantee, without warranties.

What does "may" mean on a deed?

The keyword is “may”. Or in other words, the person who conveys the deed is essentially saying that they may not own the property. I think this made sense back in the days of the Wild Wild West where no one knew who owned what. But nowadays, with Title searches we can figure out with a high degree of certainty who owns what.

What makes a special warranty deed special?

What makes special warranty deeds special is that they provide just the right level of protection between quitclaim and general warranty deeds. A special warranty deed warrants that seller himself owns the property and that he himself has done nothing to interfere with the title. Practically speaking Title Officers love them.

Is a quit claim deed bad?

Even if the Grantor and Grantee are 100% certain that the Grantor owns the property, I still think using a quitclaim deed is bad practice. One of the main purposes of deeds is to create a Public record. People such as myself often look up deeds to determine proof of ownership. Whenever I see a quitclaim deed I am immediately suspicious. There is no reason to draw my or a Title examiners ire unless it is absolutely necessary. When it comes to the land ownership, the leaner the Public Record the better.

Can title companies insure quitclaim deeds?

Yes. Some Title companies may refuse to insure quitclaim deed transactions. The rationale is why should they warrant title when the grantor seller doesn’t warrant that they own it? Another situation is you may decide to quitclaim a property to a business or trust that you wholly own. If you discover defects after the transfer, it’s possible that your quitclaim may have voided your Title Insurance Policy. Consult with your Title Insurance provider before doing any conveyances via quitclaim.

What is a quit claim deed?

Some choose to place their real estate property in a family trust, so a quitclaim deed is a legal document that can be used in this scenario when it’s transferred to the future owner. Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse’s name to ...

Who can offer a deed to a grantee?

In other words, the property owner (also known as the grantor) can offer this type of deed and transfer the entire interest in the property to the recipient, or the grantee. Generally, no money is involved in this transaction, there’s no need for title insurance and no title search is conducted to verify the property owner.

Can you transfer a title to a new owner?

In some states, transferring the title to a new owner can trigger tax payments, even if you’re simply gifting property to someone. This is where it’s best to consult a real estate professional to see whether a quitclaim deed is the best choice or whether you can add verbiage that can exempt the grantee from the transfer tax.

Can you transfer a quit claim deed?

While a quitclaim deed can be a quick and easy way to transfer property, it’s not always the best option. First, this type of deed doesn’t guarantee that there aren’t liens or interests that could affect the property. If you find out that there are other owners of the property, there could be legal and financial implications.

Can you remove your ex spouse from a property title?

Removing An Ex-Spouse From A Property Title. In the event of a divorce, grantors can remove their ex-spouse’s name from the property deed or title. A title insurance company may want to ensure that the potential owner (in this case an ex-spouse) doesn’t try to claim ownership in the future. However, both you and your ex-spouse will continue ...

How to transfer a property to a new owner?

A quitclaim deed can be one of the simplest methods of transferring real property to a new owner. In other words, the property owner (also known as the grantor) can offer this type of deed and transfer the entire interest in the property to the recipient, or the grantee. Although there may be money is involved in this transaction, there’s no requirement. Also, there’s no need for title insurance and no title search is conducted to verify the property owner. As such, a quitclaim deed is often used for transferring properties between spouses or other family members. It is sometimes colloquially called a “quick claim deed” because it’s a fast way to execute a property transfer.

Is a quit claim deed legal?

Once the quitclaim deed is signed by the grantor and accepted by the grantee, it’s considered legal and effective. However, some counties in the U.S. require that the grantee sign as well – again, at your local office.

What is quitclaim deed?

Quitclaim deeds are often viewed as quick, easy mechanisms for transferring title in real property from one party to another. However, if the parties fail to properly consider all relevant issues, a quitclaim deed transaction may have undesirable consequences. Fortunately, many of these consequences can be avoided by hiring an experienced real ...

What are the factors that affect a quitclaim deed?

To avoid undesirable consequences, a party contemplating a quitclaim deed transaction should consider the following issues: 1. No Property Interest. A seller who does not possess a valid interest in certain property cannot transfer an interest in that property by quitclaim deed. Id.

Why does a deed not have covenants of title?

Because the deed contains no covenants of title , the owner does not guarantee the property interest conveyed to the recipient is valid or free from encumbrances. Id. Therefore, if problems with the title arise, the recipient has little recourse against the owner. Id.

Can you give a quitclaim deed to someone?

An owner may use a quitclaim deed to gift property to another for less than full value. However, if the amount of the gift exceeds the annual exclusion amount, which is currently $15,000, the donor must report the gift to the IRS. 26 U.S.C. § 2503 (b) (2). If the donor retains some interest in the property, such as a life estate, the IRS will likely determine that a gift did not occur, and no taxes will be due. 26 U.S.C. § 2036. In this situation, the IRS may consider the donor’s retained property interest when calculating his gross estate for estate tax purposes. 26 U.S.C. § 2037.

What is a quitclaim deed in Maryland?

A Maryland (MD) quitclaim deed provides a tool that a property’s owner can use to transfer real interest in a property to another party. With a quitclaim deed, the property’s owner (grantor) does not offer any guarantee to their ownership or the state of the title to the buyer (grantee). If a buyer and seller want the property to have ...

How to fill out a quit claim deed?

Step 1: Download the appropriate quitclaim deed form. Step 2: Under “Prepared by,” enter the name of the person who fills out the form. Then, enter their address. Step 3: Under “After recording return to” enter the name of the person where the paperwork goes after the County Clerk finishes recording and reviewing it.

Do you need a warranty deed in Maryland?

If a buyer and seller want the property to have a warranty on the title, they need to use a warranty deed. A Maryland quitclaim deed works best in cases where the two parties know each other well, such as when transferring property between family members or into a trust for estate planning needs. “Quit claims deed,” “quick claim deed,” ...

How to get a quit claim deed in Maryland?

Step 1. Contact the finance office or treasurer in the Maryland county where the property is located and ask if there is a quit claim deed form you can pick up or download. You can also purchase a blank quit claim deed from your local office supply store. Also inquire whether your county requires any special process during the quit claim process.

What is a quit claim deed?

Quit claim deeds are used when one party , called a grantor, transfers his interest in property to another person, called a grantee. A quit claim deed does not guarantee that the original owner actually has ownership in the property and this should be verified by the grantee.

Where to get a land intake sheet in Maryland?

Pick up a land intake sheet from your local circuit courthouses in the Maryland county the property is located in. Either the grantor, grantee or an attorney must complete the form per Maryland law. The intake sheet must then be signed by the person who completed the form and have it notarized. (See Resources.)

What are the advantages of a quit claim deed?

One advantage of quitclaim deeds is that they are simpler than warranty deeds and thus are popular when transferring property between family members where no money is changing hands. Examples of common scenarios when a quitclaim deed is used include: Parents transferring ownership of their home to their children.

What is a quitclaim deed?

Just like a warranty deed, a quitclaim deed is an instrument that conveys the grantor’s title, interest, or claim to a piece of property to another party. However, a quitclaim deed (sometimes called a non-warranty deed) does not make any representations or guarantees as to the validity of the grantor’s title, interest, or claim. In other words, a warranty deed protects the grantee from title disputes, while the quitclaim deed does not.

What is the difference between a warranty deed and a special warranty deed?

The difference between a warranty deed and special warranty deed is the extent of the coverage of the warranty. A warranty deed provides guarantees that cover the property’s entire history. Whereas, a special warranty deed covers only the time the seller owned the property.

Who has title to property?

The seller has title to the property and is legally allowed to sell the property.

What kind of attorney can help you determine what kind of deed you need?

An experienced real estate attorney can help you determine which kind of deed you need, but regardless of the type of deed used, to be enforceable, it must …

Is a title the same as a deed?

However, deeds and titles are different legal concepts. When you own a property entirely, you will possess both the deed and title. But a title is distinct from a deed. Holding title to a piece of property is the legal way of saying you own the right to the property. In contrast, deeds are legal documents (also called instruments) ...

Do you need a deed to transfer title?

Deeds: An Overview. Most people know that a written document is needed to transfer title of a property from one person to another. But what you may not know is that deeds can be complex and nuanced and take multiple forms. There are several types of real estate deeds used to convey property.

Common Uses For Quitclaim Deeds

Creating A Quitclaim

Elements of A Quitclaim Document

A Note About Title Insurance and Mortgages

Fraud and Abuse

Form Requirements

History