What type of deed should I use to transfer property in Maryland?

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Question:

What type of deed should I use to transfer property in Maryland?

Answer:

The Maryland deed you should use to transfer property depends on the type of ownership you have in the property and the type of transfer involved.

There are a few different types of deeds:

  • Grant/Warranty Deed: affirms that the person transferring the property has good and lawful right to title as well as the right to sell that title to the buyer; this deed also protects the buyer from opposing third party claims to title; the most common type of deed used in property transfer as well as the best one for a buyer.

  • Special/Limited Warranty Deed: similar to a warranty deed but only covers the time period the current owner had the property; this deed will not protect the buyer from work done to the property by a previous owner or title defects prior to the seller's ownership.
  • Quitclaim Deed: transfers to someone whatever title or interest you had in the property; there is no warranty that the person transferring the property has any clear title or even any interest in the property being transferred; no promises come from this type of deed and it offers no protection from third party claims
  • Trust/Mortgage Deed: allows a borrower purchasing property to transfer good and lawful title to the trustee in exchange for the borrower repaying the mortgage debt to a lender; offers security for mortgage debt

Your particular transfer situation plus your title ownership status will determine which deed is best for you.  A real estate attorney can also be helpful here.

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