When it comes to transferring property in Maryland, a crucial document known as the Maryland quit claim deed is utilized. Unlike a warranty deed, the quit claim deed does not provide any guarantees regarding the property’s title. Instead, it allows the seller to transfer whatever interest they may or may not have in the property to the buyer.
However, it is highly recommended to conduct a thorough title search before finalizing the sale to uncover any potential title issues in the property’s history that can be resolved prior to the transfer.
To ensure the legality of the entire process, several important steps need to be followed when filling out the quit claim deed. Let’s delve into each step in detail:
The name of the person who is preparing the form. This could be a lawyer, a real estate agent, or you yourself. It designates who has taken responsibility for compiling the information and getting the document ready.
Consider that John Doe, a real estate attorney, is helping his clients navigate their property transfer. His name goes here because he’s the one preparing the form.
This would be the preparer’s full address, including street, city, state and zip code. This acts as a point of contact, connecting the drafter to the physical world and providing a means to reach them.
The preparer’s full address is 123 Main Street, Annapolis, MD, 21401. This allows parties involved in the transaction to contact John, if needed.
Here, enter the name of the person who should receive the deed once it has been recorded. By noting down the name of the recipient after recording, we’re ensuring the document, once processed, makes its way back to the correct individual.
Let’s say it’s Mary Smith, the seller’s real estate agent, whose name will be entered here.
This should be the complete address of the person named above including the state and zip code. Specifying the address of the recipient directs the recorded deed to the right location, enabling smooth handling of the ownership papers.
Mary’s address is 456 Central Avenue, Baltimore, MD, 21201.
Enter the county here. Naming the county clarifies which regional law the property falls under. Different counties have different regulations, so it’s vital to locate the property within the correct legal context.
Suppose the property is in Howard County. By entering “Howard County,” we clarify which jurisdiction the property falls under.
Enter the sum of money being paid for the property. Stating the sum of money paid for the property lays out the financial terms of the deal. This clarity can help keep all parties on the same page regarding the transaction amount.
The seller and buyer agreed on a price of $300,000 for the property.
Here you’ll need to provide the full name, address, and designation (individual, company, etc.) of the person or entity transferring the property (the Grantor). Providing the Grantor’s information pins down the identity of the person or entity giving up their property rights. Precision here helps prevent legal hiccups.
Here, we’ll enter the information for our seller, Sarah Johnson, who’s transferring her property. She’s an individual and her address is 789 Park Lane, Columbia, MD, 21044.
Similarly, provide the full name, address, and designation of the person or entity to whom the property is being transferred (the Grantee).
Similarly, entering the Grantee’s information makes sure we know who’s receiving the property rights. Accuracy is key to prevent future ownership disputes.
The person acquiring the property is Robert Williams, an individual living at 159 Bridge Road, Ellicott City, MD, 21043. This information is added here to clearly identify the new owner.
This section calls for a detailed legal description of the property being transferred. This could include its boundaries, its lot number in a city plan or a recorded plat, its full address, or any other description that accurately identifies it.
This description is usually obtained from a previous deed. A detailed property description removes ambiguity from the equation, defining exactly what is being transferred, and reducing the chance of potential disagreements later on.
The property being transferred is a house in Columbia, Maryland. The property description, obtained from the prior deed, might be something like “Lot 5, Block 3, according to the Plat of XYZ Subdivision, recorded in Book 123, Page 45, of the Howard County land records.”
In this section, the person who prepared the document certifies that they are an attorney admitted to practice in Maryland, or that they are a party involved in the transaction. They must sign and print their name.
The preparer’s certification confirms the legitimacy of the document. This is achieved by the preparer signing and naming themselves, verifying that the deed has been drawn up under the correct procedures and authority.
The Grantor(s) should sign their name, print their name, and provide their address. The Grantor’s signature finalizes the transfer and indicates their agreement with the terms of the deed. The Grantor’s signature and information represent the official approval of the property transfer. By signing, the Grantor signifies they understand and agree to the terms of the transaction.
Since John Doe, a Maryland-licensed attorney, prepared the document, he signs and prints his name, and provides his address in this section.
This section will be completed by a Notary Public, who will verify the identities of the parties, witness their signatures, and affirm that they signed voluntarily.
The notary will sign, date, and seal the document, and provide the expiration date of their commission. This step is crucial as it legalizes the document.
By accurately inputting the required information and obtaining the necessary signatures, a quitclaim deed can successfully convey real estate in Maryland between a grantor and grantee.
Adhering to the steps in this guide will result in an enforceable legal document.