General vs. Special Warranty Deeds in Maryland

If you’re interested in buying or selling property in Maryland, it is good to know about deeds.

If you’re interested in buying or selling property in Maryland, it is good to know about deeds. There are 3 main types of deeds: Quitcliam Deeds, General Warranty Deeds and Special Warranty Deeds. Two of these, Quitcliam Deeds and General Warranty Deeds, are not exceedingly common in Maryland, but we will describe them anyway. The most widely used type of deed in Maryland is the Special Warranty Deed.

What Is A Deed?

A deed is a legal document regarding ownership of property and the legal rights surrounding it. When property is transferred or sold, a deed has to be issued and signed for the sale to be legal and binding. Deeds usually have most of the following elements, and in the state of Maryland, they have to have the first 10 to be valid:

• The date of the instrument
• The grantor’s name,
• Any history of name change by the grantor
• The grantee’s information
• The consideration for the transfer or “cost”
• The granting clause indicating transfer of the estate
• The quality of the estate
• The legal description
• The habendum
• Notarized Signatures of all property owners
• The warranty
• A statement of what the instrument is…
• The quality of tenancy of grantees
• The witness
• Signatures of the parties
• Acknowledgement
• Certificate of Preparation
• Affidavit of residency by seller’s

Quitcliam Deeds

Quitcliam deeds are rare in Maryland. They often involve the transfer of less than full title. Alternatively, they are used in situations where the grantor has limited, or in some cases no, knowledge of the property’s history. Situations where there are answers without questions about the property, or with estate representatives or foreclosure trustees may use this type of deed. What this deed conveys is that while there may be some rights of ownership interest, the grantor is quitting those rights.

General Warranty Deeds

A general warranty deed is another one that is not common in Maryland. It maintains that the grantor will warranty the property forever against any lawful claims of ownership or demand. With this type of deed, the grantor is responsible to the grantee for any lawful claims of ownership not just while he or she was in title, but also while all of his/her predecessors were in title.

Special Warranty Deeds

A special warranty deed is a limited version of the general warranty deed and the most common in Maryland. This type of deed warrants the property forever against any lawful claims of ownership or demand, but only while the grantor was in title, and not before. This provides the grantor limited exposure and reduces his or her risk of liability.

Trust Jack Cooper Law for Your Deed Preparation Needs

If you are considering making a change to the Deed of your property, trust Jack Cooper, a Maryland Real Estate Attorney, for advice and professional assistance. Contact Jack Cooper Law today at 410-465-5822 or jcooper@jackcooperlaw.com.