Common Title Issues in Maryland Real Estate (and How We Resolve Them)

Maryland-Specific · 7 min read

Roughly one in three title searches turns up something that needs attention before closing. Most issues are routine to fix — if they're caught early by a team that has seen them before. Here are the ones we encounter most in Maryland, and how each gets resolved.

1. Unreleased liens from paid-off loans

The problem: A previous owner refinanced years ago. The old mortgage was paid off — but the lender never recorded a formal release, so the lien still shows as active in the land records.

How we fix it: We track down proof of payoff and obtain (or compel) a release from the prior lender. When a lender has merged, been acquired, or dissolved, this takes persistence and knowing where to look — which is exactly why starting the title search early matters.

2. Estate and heirship issues

The problem: The seller inherited the property, but the estate was never fully probated, a personal representative lacks authority to convey, or an heir with a legal interest never signed anything.

How we fix it: We work with the Register of Wills records, estate attorneys, and family members to establish clear authority to sell — sometimes requiring probate steps to be completed or corrective deeds from heirs. These can take weeks, so early discovery is the difference between a delay and a non-event.

3. Ground rent

The problem: Unique to Maryland — especially Baltimore City and County — some homes sit on leased land, with the homeowner paying a small annual "ground rent" to the ground lease holder. Buyers are often startled to learn the seller doesn't own the dirt under the house.

How we fix it: We identify the ground rent during the search, verify it's registered and current, and explain the buyer's options — including Maryland's statutory process for redeeming (buying out) most residential ground rents, which converts the home to fee simple ownership.

4. Recording and indexing errors

The problem: A deed with a typo in the legal description. A lien indexed under a misspelled name. A document recorded against the wrong parcel. County land records are maintained by humans, and humans make mistakes.

How we fix it: Corrective deeds, scrivener's affidavits, or coordination with the clerk's office. Small on paper — but capable of derailing a closing if found late.

5. Open judgments and tax liens

The problem: A judgment, child support lien, or state/federal tax lien against the seller (or someone with the same name) attaches to the property.

How we fix it: Name-match issues are cleared with affidavits and documentation. Real liens are paid at settlement from seller proceeds and formally released. We obtain exact payoff figures so nothing surfaces afterward.

6. HOA and condominium arrears

The problem: Unpaid association dues, which in Maryland can become a lien on the property — plus resale packages that reveal violations or upcoming special assessments.

How we fix it: We order account statements from the association, ensure arrears are paid at settlement, and coordinate the resale certificate timing required by Maryland law.

7. Boundary and survey discrepancies

The problem: The fence, driveway, or addition doesn't match the recorded legal description; an old easement crosses the lot; two deeds describe overlapping land.

How we fix it: A location survey clarifies most questions. Genuine conflicts may need boundary line agreements or corrective instruments — and title insurance with enhanced coverage can protect against certain survey-related risks.

The pattern in all of these

Every issue above has the same cure: find it early, and fix it methodically. That's the real value of choosing an experienced local title team — not that problems never appear, but that they're handled before they ever threaten your settlement date.

And for the rare defect that no search could reveal? That's what an owner's title insurance policy is for.