FAQs

What is a Deed?

In common law, a deed is any legal document written and signed between two parties in order to transfer property ownership.

Moreover, Maryland law acquires all deeds to have the following elements:

• The name(s) of the grantor (seller);
• Grantee (buyer);
• Property’s description; and
• The desired interest.

For more information, read the Law: Md. Code, Real Property & 4-101

Is there any difference between a deed and a title?

As discussed earlier, the deed is a legally written document that declares a person’s ownership, while a title refers to the ownership rights.

As a legal owner or when you have a property title, you possess the following rights:

• Legal owner and rights over the property;
• Full rights over your property control;
• Right to invite people;
• Freedom to live your life; and
• Right to transfer ownership to anyone you want.

How do I have a Deed drafted?

It is important to have a licensed Maryland attorney to draft your deed for you so as to not make mistakes and to title and transfer your real property correctly. At CDeeds LLC, your deed will be drafted and recorded by licensed Maryland Attorneys who are fully knowledgeable of how to process all deed transactions accurately.

Should I add my children to a deed now, as I want them to inherit my property?

Yes, you can add your children anytime to your deed during your life. Although it comes with many implications. For instance, immediate ownership of the rights, and if the child is ever sued, the creditor can go after the child’s ownership interest to please a claim. Similarly, you will have to pay capital gains if you intend to sell the property. And much more.

Therefore, it’s recommended to consult your legal advisor or an attorney to understand the impacts.

I have changed my name. Do I need to update my deed?

It’s not immediately necessary, but should you decide to sell the property, you will have to show legal documents that clearly state the name change. So, if you desire to update the name on your deed, you will need to file a new one.

We—my husband and I—are the legal owners of our house. He has passed away. Do I need to update the deed with my name only?

It’s not immediately necessary, but should you decide to sell or refinance the property, it will be helpful.

What is the difference between a general warranty deed, special warranty deed, and quitclaim deed?

General Warranty Deed

A general warranty deed transfers property from the seller to the purchaser with the guarantee that the title has no limitations from the previous owner to the current one.

Special Warranty Deed

A special warranty deed is when the seller only guarantees that there weren’t any outstanding dues, claims, or mortgages against the property when the grantor owned the property. However, there’s no assurance that the previous owner’s title is limitation-free.

Quitclaim Deed

A quitclaim deed is the fastest way to transfer property, but it doesn’t warranty title limitations or defects, whether good or not.

Are “deed” and “deed of trust” the same things?

No. Both are two different things with some similarities. The similarities include: both are legal documents, subject to your County’s Land Records, and more. On the other hand, difference includes: a deed of trust is an agreement where a person uses the property as a warranty to secure a loan. While a deed is specifically used to transfer property ownership and title rights.

Can I transfer a death deed in Maryland?

Unfortunately, Maryland does not accept the transfer on death deeds; however, the Personal Representative of the Estate of the deceased owner of property can transfer property through a Personal Representative of Estate deed.

What is a Life Estate Deed?

A life estate deed is a standard way to create a life estate. Let’s pretend you own a home. You can draft a life estate deed with your daughter as the remainderman and you as the life tenant. The deed passes title from you to yourself only while you’re living, and then to your heir after you pass away.

What are the benefits of a Life Estate Deed?

There are both benefits and setbacks to a life estate deed, and whether or not a life estate deed is right for you depends on a variety of factors that should be discussed with a licensed real estate attorney, such as our attorneys on staff at CDeeds LLC. In short, some of the benefits of a life estate deed can include avoidance of estate taxes, reduction of capital gains taxes, and providing a home to your heir (remainderman) upon the life tenant passing away.

Should I transfer my Real Estate Investment and Rental Properties into an LLC?

There are both benefits and setbacks to transferring your real estate investment and rental properties into an LLC, and whether or not doing so is right for you depends on a variety of factors that should be discussed with a licensed real estate attorney, such as our attorneys on staff at CDeeds LLC. In short, the main benefits of transferring your properties into an LLC or multiple LLC’s include avoidance of personal liability should you get sued in relation to your properties and tax deductions.