MD Underwriting Summary
Contents
- 1 Search/Exam
- 2 UPL
- 3 Vesting
- 4 Witness Requirements
- 5 Property Tax
- 6 Mortgage/Transfer Tax
- 7 Spousal Joinder Requirements/Homestead
- 8 Power Of Attorney
- 9 Construction Liens
- 10 Foreclosure Review
- 11 Instrument Requirements
- 12 Who May Serve As Trustee On Deed Of Trust
- 13 Time Limitations
- 14 Odd Stuff
Search/Exam
- Minimum Search Requirements -- Case law – 60 years or as necessary. Coe v Hayes, 105 Md. App. 778, 785 (1995). Dept of Natural Resources v Welsh, 308 Md. 54, 57 (1986).
B) Maryland does not have a Marketable Title Act.
C) Other than case law, there are no applicable title examination standards.
- Plant or other search restrictions -- No
- Additional Requirements for REO Searches --
- Foreclosure Checklist --
- Special Searches Required (Code, HOA, Utilities)? --
- Survey Requirements -- Owner – Yes; Loan - No
UPL
- UPL Hot Button Issues -- Doc Prep, Uninsured Closings
Maryland requires that only licensed title insurance producers or attorneys conduct closings if title insurance is being offered. Only licensed attorneys may close uninsured transactions (cash transactions) (i.e., Only licensed attorneys may close transactions where title insurance is not being offered/purchased according to the UPL requirements.).
Vesting
Witness Requirements
No separate witness requirement. In general, a deed containing the names of the Grantor and Grantee, a description of the property and identification of the interest to be granted is sufficient, if executed, acknowledged and recorded. See Maryland Real Property Code Sections 4-101 and 4-103.
Property Tax
The Maryland Department of Assessments and Taxation (SDAT) performs property value assessments. Maryland’s counties (23), Baltimore City and various incorporated cities (155) issue property tax bills based on the SDAT tax assessments. See www.dat.state.md.us for more details. The locality establishes the tax rate. Much of this information is online at the website for each locality.
Mortgage/Transfer Tax
Each County (and Baltimore City) in Maryland has its own recordation tax which varies. All such information may be found at: http://www.dat.state.md.us/sdatweb/recordation.html
Spousal Joinder Requirements/Homestead
Power Of Attorney
Construction Liens
Foreclosure Review
Instrument Requirements
Who May Serve As Trustee On Deed Of Trust
Under Maryland Rule 14-202(a) a trustee may be an individual or an entity and does not need to be a Maryland Resident.
Time Limitations
- US Judgment Liens -- 20 years
- State Court Judgment Liens -- 12 years – can be renewed
- Federal Tax Liens -- 10 years (+ 30 days)
- State Tax Liens -- No expiration
- Estate Tax Lien -- 10 years
- State Inheritance Tax Liens -- No expiration
- Mechanics Liens -- 1 year
- Financing Statements -- 5 years
- Mortgages -- 40 years (from due date if no maturity date)
- HOA Liens -- 3 years
- Condominium assessments --
- Child Support Liens --
Odd Stuff
- Maryland Annotated Code, Real Property Section 3-105.2 allows a licensed settlement agent, title insurer or lawyer to execute a release affidavit and present the cancelled check or wire disbursement (with proper authentication from bank)
