Maryland Warranty Deed

What Is a Maryland Warranty Deed?

A Maryland warranty deed transfers Maryland real estate with express deed covenants. Maryland commonly uses special warranty deed language for residential conveyances, so the exact covenant phrases in the completed deed matter. Review whether the deed says “warrant generally,” “warrant specially,” or uses other Maryland statutory covenant language before recording.

When to Use a Warranty Deed in Maryland

• Buying or selling Maryland real estate when deed-warranty protection is intended.
• Using special warranty language when the grantor is warranting against claims by, through, or under the grantor.
• Working with a title company, lender, or settlement agent that expects Maryland covenant language and tax/intake documentation.

Maryland Requirements for Warranty Deeds

• Signing: The grantor signs the deed. Maryland has no general homestead spouse-joinder rule for separately held property, but tenancy by the entirety, title ownership, elective-share planning, and transaction facts can require legal review.
• Notarization: Maryland deeds must be signed and acknowledged before a notary or other authorized officer.
• Witnesses: Maryland does not require witnesses for ordinary deeds. Do not confuse deed execution with Maryland power-of-attorney witness rules.
• Recording: Record the deed in the Circuit Court land records for the county where the property is located. Baltimore City uses its own intake sheet.
• Taxes / Intake Sheet: Maryland deed recordings generally require a Land Instrument Intake Sheet and may involve state transfer tax, county recordation tax, and county transfer tax. The state transfer tax is generally 0.5%, with a first-time Maryland homebuyer discount to 0.25% when the statutory requirements apply.
• Nonresident Withholding: If the seller is a nonresident individual or entity, Maryland withholding under Tax-General section 10-912 may be required before recording unless an exemption or certificate applies.
• Legal Description: Use the full legal description from a prior deed, title commitment, survey, or other reliable title source. A street address or parcel number alone is usually not enough.

Warranty Deed vs Quitclaim Deed in Maryland

Maryland warranty protection depends on express covenant language. A general warranty deed uses broader “warrant generally” language; a special warranty deed warrants against claims by, through, or under the grantor and is the more common Maryland residential form. A quitclaim deed transfers whatever interest the grantor has without deed warranties. Maryland has no separate “grant deed” category, and the word “grant” alone does not imply covenants.