Special Warranty Deed

SPECIAL WARRANTY DEED

State of Maryland

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Account Identifier:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

THIS DEED, made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

BY:

_____________________________________________
(Name)

of _____________________________________________
(Address)

Marital Status:
☐ An individual
☐ An individual, spouse of Grantee, joining to convey all interest
☐ Husband and wife
☐ An unmarried individual
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

hereinafter called "Grantor" (whether one or more)

Section 1.2 Grantee(s)

TO:

_____________________________________________
(Name)

of _____________________________________________
(Address - for tax billing purposes)

Vesting:
☐ An individual
☐ Husband and wife, as tenants by the entireties
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

hereinafter called "Grantee" (whether one or more)

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

WITNESSETH, that for and in consideration of the sum of $_____________________ (____________________ Dollars), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby GRANT AND CONVEY unto the Grantee, in fee simple:

Section 2.2 Legal Description

ALL that lot or parcel of land situate in _________________ ☐ County ☐ City, State of Maryland, and more particularly described as follows:

See Exhibit "A" attached hereto and made a part hereof.

Property Address: _____________________________________________

Tax Account Identifier: _____________________________________________

Election District (if required): _____________________________________________

Being the same property conveyed to Grantor by deed dated _________________, recorded among the Land Records of _________________ County/Baltimore City, Maryland in Liber _______, Folio _______, or as Instrument Number _____________.

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

The Grantor hereby covenants that Grantor has not done or suffered to be done any act, matter, or thing whatsoever to encumber the property hereby conveyed; and that the Grantor WILL WARRANT SPECIALLY the property hereby granted unto the Grantee against the claims and demands of all persons claiming by, through, or under the Grantor, but not otherwise.

Section 3.2 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. Special warranty deeds are commonly used in Maryland and provide LIMITED warranties. The Grantor:

• Warrants ONLY against claims arising from Grantor's own acts
• Does NOT warrant against defects existing prior to Grantor's ownership
• Does NOT warrant against claims of persons NOT claiming through Grantor

This deed does NOT contain full warranty covenants.

Section 3.3 Statutory References

This conveyance is made pursuant to:

• Md. Real Property Article § 2-101 et seq. (Conveyances)
• Md. Real Property Article § 3-104 (Recording prerequisites)
• Md. Tax-Property Article § 12-101 et seq. (Recordation tax)
• Md. Tax-Property Article § 13-101 et seq. (Transfer tax)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

TOGETHER WITH the buildings and improvements thereon, and the rights, alleys, ways, waters, privileges and appurtenances thereunto belonging or in anywise appertaining.

Subject to:

(a) Taxes for the fiscal year beginning July 1, 20_____, and thereafter, not yet due and payable;

(b) All applicable zoning, subdivision, and land use regulations;

(c) All covenants, conditions, restrictions, easements, rights-of-way, and reservations of record;

(d) All matters which would be disclosed by an accurate survey;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: TAXES

Section 5.1 Maryland Recordation Tax (Tax-Property Article § 12-101 et seq.)

Consideration: $_____________________

State Recordation Tax: $2.50 per $500 (or fraction thereof) = $_____________________

County/City Recordation Tax: $_______ per $500 = $_____________________
(Rate varies by jurisdiction - typically $2.20 to $6.00 per $500)

Total Recordation Tax: $_____________________

Section 5.2 Maryland State Transfer Tax (Tax-Property Article § 13-101 et seq.)

Standard Rate: 0.5% of consideration = $_____________________

First-Time Maryland Homebuyer Rate: 0.25% of consideration = $_____________________
(Paid by seller in this case)

☐ This is a first-time Maryland homebuyer transaction

Section 5.3 Local Transfer Tax

Local Transfer Tax (if applicable): _____% of consideration = $_____________________
(Most but not all Maryland counties/Baltimore City impose local transfer tax)

Section 5.4 Exemptions

☐ This transfer is exempt from recordation tax per Md. Tax-Property Article § 12-108 because:
_____________________________________________

☐ This transfer is exempt from transfer tax because:
_____________________________________________

ARTICLE VI: CERTIFICATIONS

Section 6.1 Tax Certificate (Real Property Article § 3-104)

The certificate of the collecting agent designated by law, showing that all taxes, assessments, and charges have been paid, has been obtained and is endorsed hereon or attached hereto.

Section 6.2 Lien Certificate

A lien certificate has been obtained from _________________ County/Baltimore City.

Section 6.3 Maryland State Intake Sheet

A completed Maryland State Intake Sheet accompanies this deed.

Section 6.4 Attorney Certification (Real Property Article § 3-104(f)(1))

☐ I hereby certify that this deed was prepared by me as an attorney licensed in Maryland, or under my supervision.

_____________________________________________
Attorney Signature

_____________________________________________
Attorney Name (printed)

- OR -

☐ I hereby certify that this instrument was prepared by one of the parties named in the instrument.

_____________________________________________
Party Signature

_____________________________________________
Party Name (printed)

ARTICLE VII: EXECUTION

Section 7.1 Testimonium Clause

WITNESS the hand(s) and seal(s) of the Grantor(s).

GRANTOR(S):

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Maryland Acknowledgment (Individual)

STATE OF MARYLAND
_________________ (COUNTY/CITY), to wit:

I HEREBY CERTIFY that on this _____ day of _________________, 20_____, before me, the subscriber, a Notary Public of the State of Maryland, in and for _________________ County/Baltimore City, personally appeared:

_____________________________________________

known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

WITNESS my hand and Notarial Seal.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Maryland Acknowledgment (Entity)

STATE OF MARYLAND
_________________ (COUNTY/CITY), to wit:

I HEREBY CERTIFY that on this _____ day of _________________, 20_____, before me, the subscriber, a Notary Public of the State of Maryland, in and for _________________ County/Baltimore City, personally appeared:

_________________________, who acknowledged himself/herself to be the _________________________ [title] of _________________________ [entity name], a _________________________ [entity type], and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the entity by himself/herself as such officer.

WITNESS my hand and Notarial Seal.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________, to wit:

I HEREBY CERTIFY that on this _____ day of _________________, 20_____, before me, the subscriber, a Notary Public, personally appeared:

_____________________________________________

known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

WITNESS my hand and Notarial Seal.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that lot or parcel of land situate in _________________ County/Baltimore City, Maryland:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Account Identifier: _____________________________________________

MARYLAND RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements (Real Property Article § 3-104)

County-Specific Requirements

Some counties have additional requirements:

• Prince George's County: Election district must be identified
• Montgomery County: Plat reference and title insurer identification required
• Talbot County: Names of all parties and nature of deed on back

Recording Fees (Vary by Jurisdiction)

Maryland Recordation Tax (Tax-Property Article § 12-101 et seq.)

Example: Worcester County is $3.30 per $500 (effective January 1, 2025)

Maryland Transfer Tax (Tax-Property Article § 13-101 et seq.)

Transfer Tax Exemptions (Md. Tax-Property Article § 12-108, § 13-207)

Common exemptions include:

• Transfers to governmental entities
• Gifts to parents, siblings, spouses, children, stepchildren, grandchildren
• Certain religious, charitable, or educational organizations
• Certain corporate reorganizations

Required Accompanying Documents

1. Maryland State Intake Sheet - Mandatory
2. Lien Certificate - From county/city
3. Tax Certificate - Showing taxes current
4. Payment - Recordation tax, transfer tax, recording fees

Important Maryland Notes

1. Special Warranty Standard: Special warranty deeds are most commonly used in Maryland.

2. Attorney Certification: Required per Real Property Article § 3-104(f)(1).

3. First-Time Homebuyer: Rate reduction for first-time Maryland homebuyers (0.25% vs 0.5%).

4. Title Insurance: Grantees should consider obtaining title insurance.

5. Legal Counsel: Consultation with a licensed Maryland attorney is recommended.

THIS DEED WAS PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Maryland Bar Number (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Maryland attorney before using this form.