Mon June 28, 2010, 2:20pm
Quit Claim Deed - Montgomery County, MarylandInformation Pertaining to a Quit Claim Deed in Montgomery County, Maryland
The Clerk's Office was established as an independent keeper of the records to maintain their integrity in a safe and impartial manner. Ensuring the integrity of the court record ultimately ensures that the people are being served in a fair and just manner.
The Land Records Department handles all matters relating to real estate transactions. The department holds some of the most important records created by the government, which date as far back as July 1777. These land records are publicly accessible .
Recording a Quit Claim Deed in Montgomery County, Maryland
Location to Record a Quit Claim Deed Form: Room 212
Phone # of the Clerk’s Office: (240) 777-9470
Hours Of Operation: 8:30 a.m. - 4:30 p.m.
Deeds, deeds of trust, leases, assignments, powers of attorney, etc., are recorded in this department. This department generates more revenue than all of the other departments within the Clerk's office. The recording of a Quit Claim Deed is transacted in the office personally by the public and/or by mail. Immediately after receiving a Quit Claim Deed Document, the recording clerk calculates the fees and taxes. The Quit Claim Deed is stamped to indicate the day and time of filing. There are several recording fees ranging between $10 - $75, and a $20 surcharge. State transfer taxes are figured at 1/2 of 1 % (.005) of the consideration amount. State transfer taxes are collected only on deeds and leases.
How to Record a Quit Claim Deed in Montgomery County
The Finance Office, located at 255 Rockville Pike, Rockville, MD 20850, Room L15, must transfer all Quit Claim Deeds. You may use the Monroe Street entrance. Phone: 240-777-8995.
All deeds with agricultural use and partial transfers must go through the Maryland Department of Assessments and Taxation, located at 30 West Gude drive, Rockville, MD 20850. Phone: 240-314-4522.
Any Quit Claim Deed that effects a change of ownership must be accompanied by: (1) a completed intake sheet, (2) a copy of the Quit Claim Deed for submission to the Department of Assessments and Taxation and a certification of residency and/or an affidavit of total payment amount. You may obtain information on certification of residency and/or total payment by calling l-800-638-2937 or on the comptroller’s website at marylandtaxes.com.
The Quit Claim Deed must have a certification of preparation. The
attorney who prepared the Quit Claim Deed or one of the parties named in the instrument must sign it.
The grantors (sellers) must sign the Montgomery County Quit Claim Deed which should be acknowledged before a Notary Public.
The parcel ID# must be typed or printed on the Quit Claim Deed. The parcel ID# is located in the upper right corner of your tax bill. It would be the same as your account number.
There is a recording fee of $20.00 for any Quit Claim Deed nine (9) pages or less in length if it involves solely a principal residence. The fee for any other deed, ten (10) pages or more in length is $75.00. There is a $20.00 surcharge for every deed.
Obtaining a Quit Claim Deed:
You can purchase one a specialty legal stationary store or you can download a compliant form at www.theeasyforms.com
Taxes, if applicable:
a) State transfer tax is figured at the rate of ½ of 1% of the consideration.
b) There is a .25% state transfer tax rate for the first-time Maryland homebuyers purchasing a principal place of residence. If there are multiple grantees on the deed, all must be either first-time Maryland homebuyers acquiring their principal residence or persons joined in the deed and purchase money mortgage/deed of trust as co-makers or guarantors. To qualify for this exemption, each grantee must provide a statement under oath, signed by the grantee stating that the grantee is a first-time Maryland homebuyer who will occupy the residence as a principal residence, or is a co-maker or guarantor of the purchase money mortgage/deed of trust who will not occupy the residence as a principal residence. The state transfer tax on such a deed is payable by the seller and may not be shifted to the purchaser.
A statement of the amount of the actual consideration to be paid, if any, including the amount of any mortgage or deed of trust assumed by the grantee, shall either be included in every taxable instrument offered for record as part of its recitals or as part of the acknowledgment, or be contained in a separate affidavit accompanying the instrument. The affidavit is to be signed under the penalties of perjury by a party to the instrument or the agent of such party.
If you have any legal questions, please contact an attorney.