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
documents is transacted in the office personally by the public
and/or by mail. Immediately after receiving a document, the
recording clerk calculates the fees and taxes. The document 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 deed in
Montgomery County
1. The Finance Office, located at 255 Rockville
Pike, Rockville, Md. 20850, Room L12, must transfer all deeds. You
may use the Monroe Street entrance. (240-777-8995).
2. All deeds with
agricultural use and partial transfers must go through the Maryland
Department of Assessment and Taxation, located on the 3rd
floor of One Metro Square Building, 51 Monroe Street, Rockville,
Md. 20850 (301-279-1701).
Recording Department
Procedures
1. Any deed or document that effects a change of
ownership must be accompanied by: (1) a completed intake sheet, (2)
a copy of the 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
www.marylandtaxes.com.
2. The
deed must have a certification of preparation. The
attorney who prepared the document or one of the parties named in the instrument
must sign it.
3. The
grantors (sellers) must sign the deed which should be acknowledged before a Notary Public.
4. The
parcel ID# must be typed or printed on the deed. The parcel ID# is located in the upper right corner of your tax bill. It would be the same as your account number.
5.
There is a recording fee of $20.00 for any 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.
Taxes,
if applicable
1.
State transfer tax is figured at the rate of ½ of 1% of the
consideration.
2.
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.
3. 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. The affidavit is to be signed under the penalties of perjury by a party to the instrument or the agent of such party.
4. If
you have any legal questions, please contact an attorney.
RECORDING DEPARTMENT
CLERK OF THE CIRCUIT COURT
50 MARYLAND AVENUE
ROCKVILLE, MD 20850
240-777-9470
RECORDING FEES:
$10.00
for a release nine (9) pages or less in length;
$15.00
for a notice of sale;
$20.00
for a power of attorney;
$20.00
for any other instrument nine (9) pages or less in length or for any
instrument over nine (9) pages in length if it involves solely a
principal residence;
$75.00
for any other instrument ten (10) pages or more in length.
There is
a $20.00 surcharge for all documents except notice of sales and powers
of attorney.
