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Anybody who has had to pay Maryland transfer and recordation taxes knows how expensive it is to document the necessary mortgages/deeds-of trust to ensure repayment of loans in Maryland. Maryland is the state with the highest transfer costs in the country. This can add up to 2-3% on top of transaction costs. Although it varies from county to county ($5.00 per thousand dollars in Baltimore, Howard, and Prince George’s Counties as the lowest ends, and up to $12.00 per thousand dollars for Frederick and Talbot Counties as the highest), this new law will help ease that burden for borrowers, which comes as a much needed relief in these still struggling economic times 🔥 [1]
Recordation is necessary to inform the public about the sale of real estate interests. The City’s Property Location Department and the State Department of Assessments and Taxation will receive the record. These records must reflect current Maryland property owners and assure that no other Maryland real estate is lost. Tax bills, assessment notices, tax sale Notifications etc. Are sent to appropriate parties. Your current postal address must be updated in the records. It is up to the new owner. Margaret Long (Bandung, Indonesia) added the following amendments on November 24, 2020 [2]
Finance.baltimorecity.gov Also, all dropped documents must include a Recordation Tax Slip Off form. You can find the forms in the Recordation Tax Unit. Drop-offs can be sent as regular mail. They will usually arrive within five business days. All Deeds with 5 or more properties cannot be walked through. They must be delivered. You will be notified once the documents are processed. If you wish the clerk to keep the documents or to forward them to, please indicate this on the drop off form. Land RecordsPlease note that any documents must be mailed or dropped off with a self-addressed envelope and postage-paid envelope (2.5×9.5 minutes). Tonnetta Butts of Changge, China last updated this page 60 days ago [3]
Valuepenguin.com It is explained that depending on the exact location of the property the tax may be payable either by the seller or the buyer. The parties will need to decide who pays the’s tax costing as part of their negotiation. The decision is ultimately influenced both by the local market and the customs of the area. It might be a common practise in one state to sell it. Pay the transfer taxIn other states, the tax is paid or shared by the side with less bargaining power. Each party may be able to pay the tax in some places. Pays its own set of transfer taxes. Fabricio Quintanilla revised the text on January 3, 2021 [4]
Darwin Stauffer, jdsupra.comState Transfer Taxes do not apply to refinance deeds for trusts. State Law does not consider a refinance to be a transfer or interest in real property. The same can be said in most cases for County Transfer taxes. With County Transfer Taxes, the same logic is usually applied. However, some counties have implemented their own interpretation of “transfer,” and require the collection of county transfer taxes on refinance deeds of trusts. For example, in Prince George’s County, the county will calculate transfer taxes based on the difference between the amount secured by the refinance affidavit and the amount of the unpaid balance of the loan secured by the existing deed of trust (identical to how State Recordation Taxes are calculated on refinance deeds of trusts). Margherita Hidalgo of Jiaozhou in China is credited for these exceptional insights. [5]
Purchase Money and Refinancings. Additionally, Maryland’s purchase money exemption from recordation taxes remains in place. Deeds of Trust or mortgages are exempted form recordation tax to the degree that they secure the actual purchase price for the property. This exemption can be put to use as a planning tool when coupled with Maryland’s recently expanded refinancing exemption. Historically, Maryland’s refinancing was only available for residential transactions. Maryland changed its law to allow refinancing for commercial transactions. A Deed or mortgage that secures the refinance of an existing loan will be exempt from recording tax, up to the outstanding amount at the time. A buyer must have the financial means to purchase the property. Pay cash It may prove more cost-effective to purchase real property from an entity that is related and borrow the price of the item instead. The buyer can then repay the loan by a mortgage or deed of trust (which under the Purchase Money Exemption, does not have to be taxed). If the buyer needs to borrow money later, the lender can arrange the new loan in a way that allows it to refinance the original purchase money loan. Payment of recordation taxThe amount of the initial purchase-money loan can be increased. Earline Penn (Yibin, China), last modified this 15-days ago [6]
Refer to the Article
- https://www.jgllaw.com/blog/marylands-recent-changes-recordation-tax-laws-will-ease-strain-maryland-borrowers
- https://finance.baltimorecity.gov/bureaus/collections/tax-faq
- https://finance.baltimorecity.gov/public-info/recordation/faq
- https://www.valuepenguin.com/mortgages/what-is-a-transfer-tax
- https://www.jdsupra.com/legalnews/commercial-borrowers-should-be-familiar-24967/
- https://www.rosenbergmartin-lenders.com/2016/01/16/a-review-of-maryland-recordation-and-transfer-taxes-exemptions/