Maryland Real Estate Legal Forms
Find links to MD deed and real estate related forms. These are provided free of charge by Arden Law as a courtesy and as an easy reference guide for those doing online research. They should not take the place of talking with an experienced real estate lawyer.
Penny Wise / Pound Foolish?
When to hire a real estate lawyer and when to do it yourself
Low Risk
Often done successfully without legal counsel:
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Obtaining property owner info through SDAT
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Drafting Written Notice to Vacate for Tenant
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Registering Rental Property
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Changing mailing address for property tax bills
Moderate Risk
Occasionally done without legal counsel and/or often done by non-lawyers with real estate background: (MODERATE RISK)
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Researching current deed / deeds of trust
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Estimating transfer / recordation tax
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Filing in lease terms on boilerplate contract (but note that this should be on a county-specific lease as MD jurisdictions have different rules by county)
High Risk
Rarely done without legal counsel and/or high risk if prepared without lawyer assistance
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Deeds
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Sales Contracts (The exception is a licensed broker using MAR forms prepared by counsel)
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Loan Paperwork
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Commercial Lease
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Purchase Options
while deeds are not terribly complex, the risk is high and we have lots of “war stories” of deeds prepared without an attorney creating large issues costing many thousands of dollars to clear up. Getting it “close” isn’t going to be very comforting if you find that an inadverent omission or inclusion of a phrase or word created a cloud on title (yes, we’ve seen it happen - many times over). We’ve also seen plenty of family deed transfers which forced the property unnecessarily to go through the entire probate process when an attorney prepared deed could have easily avoided same.
Unless you have a solid understanding of the different ways people can hold title in Maryland, the difference between leasehold and fee simple interests and the nuances of the recording process in your jurisdiction, we strongly suggest that you don’t attempt your deed yourself - this is best left to a lawyer (this may be the reason Maryland law requires that every deed have a certificate of preparation)
Seeking Legal Help?
Arden Law exists to help with Maryland legal needs in the areas of real estate, business and estates/trusts law.
This page offers links to common forms for those looking to research on their own.
If you have a legal question or need, please give us a call at 410-216-7000 (no cost for brief call up to 10 minutes) or schedule a private in-depth consultation with an experienced attorney.
How to Do a Title Search In Maryland
Generally, it takes special training to know how to do a full title search in Maryland. The following offers a VERY BROAD overview of the basic steps.
Note that experienced title searchers may take many hours to do a comprehensive title search for a single parcel - it may take days for someone just getting started. Maryland does not index records by property address so a search goes painstakingly through each name in the title chain. Some titles are relatively simple touching on a few dozen entries in land records while others are incredibly complex requiring a look at hundreds of filed inistruments.
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Step 1 - Research current deed(s), tax account(s), legal description and plat. Note type of title (e.g., fee simple / leasehold) and if leasehold plan to track both ground rent and fee simple. Compare plat, deed and tax account for consistency in description.
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Step 2 - Take the information from Step 1 and go back deed by deed through the Grantor/Grantee index starting with the current owners and working backwards until you’ve located all deeds in the past 60+ years for the property and listed all names in the title history. Check each for consistency and look for any anomolies or gaps.
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Step 3 - Run searches “going forward" for each name found in Step 2 in the Grantor/Grantee index, identify all deeds, mortgages, easements and other documents connected with each person from the date they acquired interest and compare to the property.
Step 4 - Identify for the documents found in Step 3 which mortgages, easements, agreements and liens are outstanding and which have been satisifed and released. Record the details of any open mortgage or lien.
Step 5 - Search the district and Circuit Court dockets and judgment indexes for all court cases, judgments and liens for each name in the title history. Record the case number, date, amount, etc. for any judgments and/or liens that may have attached to the property. Also identify any pending cases.
Step 6 - Search the probate court records for names in the title history. Record all estates and deaths of persons in title, and retrieve the estate dockets for all such estates.
Step 7 - Create a title report showing the title chain, any liens/encumbrances and other matters affecting the property with references to liber/folios and copies of relevant records. Confirm legal description and note any issues / discrepancies.
Maryland Legal Forms
These forms are provided as a reference guide and resource. They are NOT intended as legal advice. Call Arden Law or reach out through our site if you would like to ask for our legal assistance.
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Maryland Land Intake Form
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Maryland Real Estate Disclosure / Disclaimer
Did you know?
Arden Law offers flat-fee deed assistance which includes an attorney prepared deed, all necessary affidavits and intakes, and submitting to the county for recording.
Our law firm is located in Anne Arundel County, just outside of Annapolis, MD (also adjacent to Millersville and Gambrills), providing central access to nearby Howard, Prince George’s and Montgomery Counties. We meet clients virtually, in person and over the phone.
Free Preliminary Consultation
(phone or email exchange)
$0 - Free
No Cost 5-10 Min Phone Call
or email exchange with Attorney.
In-Depth (Paid) Consultation
with Managing Attorney
$300
Private consultation (1 - 1.5 hours) with experienced Managing Attorney. In Person, Virtual or Over the Phone.
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