Monday, May 20, 2013

Deeds and Transfer Of Title - Basics

Deeds in Maryland:

There are three normal types of deeds.

Quitcliam Deeds, General Warranty and Special Warranty

In a general warranty deed, the grantor covenants he or she will warrant forever the property to the grantee against lawful claims and demand.  What this means is that for the time period previous to and including the time while possession was excercised, the grantor is responsible to the grantee, for claims defects of the grantor and all his or her predecessors in title.  This form of deed is not commonly used in Maryland.

The special warranty deed is the most widely used deed type in Maryland.  The grantor covenants that he or she warrant forever the property to the grantee against any and all lawful claims or demand while he or she was in title.  This is more limited exposure than general warranty deed because of the reduced risk of liability to claims and demands prior being in title.  

Quitclaim deeds is also rarely used and often involves the transfer of less than full title or perhaps in situations where the grantor has little or no knowledge of the property's history.  Conveyances by foreclosure trustees, estate representatives and attempts to clear issues with title when circumstances exist where questions without answers exist.  What a grantor is indicating there may be some rights of ownership interest they are quitting their rights to make claim to it by the quitclaim deed instrument.

A deed requires several components to effectuate what it is meant to accomplish.   A Deed usually contains the following components but not all of which are required for it to be effective.

  • The date of the instrument
  • A statement of what the instrument is...
  • The grantors and marital status 
  • The grantees and marital status
  • The consideration for the transfer or "cost"
  • The transfer of the estate
  • The quality of the estate
  • The legal description
  • The warranty
  • The addendum
  • The quality of tenancy of grantees
  • The witness
  • Signatures of the parties
  • Acknowledgement
  • Certificate of Preparation
  • Affidavit of residency by seller's
Once a deed is executed and acknowledged by all parties needed then it must be recorded in the local jurisdiction where the property is located which constitutes notice and then presented to the Clerk of the Court for recordation.  Once the appropriate fees have been paid the recordation will show in the index of land records for that jurisdiction.  Other instruments like easements and deeds of trust are recorded among the land records as well.

Title companies in state of Maryland have the ability to understand and help you by and sell real property utilizing the correct instruments recognized by the state to effectuate the sale or transfer of interest.  Excalibur Title and Escrow, LLC is one of many title insurance agents and real estate settlement providers eager to assist you in your efforts with real estate transactions like the sale or refinance of your home, vacation property, land or commercial building.

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