By Alltech National Title — Northern Virginia & Maryland Practice Published: 2026-05-07 · 8-min read
Key Takeaways
- Maryland is an attorney-close state — a licensed attorney must be present at the settlement table and prepare the closing documents.
- Most title companies in Maryland retain an attorney in-house or partner with one; buyers and sellers don’t need to hire their own unless they want independent counsel.
- The attorney’s fee is typically included in the title company’s closing fee, not billed separately — confirm this when getting a closing quote.
- Maryland’s attorney requirement applies to the settlement; the title search and title insurance policy are still handled by the title company.
Maryland is one of a smaller number of states that legally requires a licensed attorney to conduct a real estate closing. For agents, buyers, and lenders who primarily work in non-attorney states — or who operate across the DC-Maryland-Virginia line and are more familiar with Virginia’s settlement agent model — Maryland’s attorney requirement has practical implications that affect who can close their transactions, what closing instructions need to say, and what the settlement process looks like from end to end. This guide explains the Maryland attorney-state model and what practitioners need to know to close Maryland transactions correctly.
The Legal Requirement
Maryland Code § 7-113 of the Real Property Article requires that real estate settlements in Maryland be conducted by a licensed Maryland attorney. The statute applies to all settlements involving the transfer of Maryland real property — residential and commercial — and covers both purchase transactions and refinances where a new deed of trust is being recorded against Maryland real property.
The requirement is not satisfied by a title company employee, a paralegal, an out-of-state attorney, or a Virginia attorney who is not admitted to the Maryland bar. If the person conducting the Maryland closing is not a licensed Maryland attorney, the closing is not compliant with Maryland law, regardless of how competently the closing is executed.
For lenders based outside Maryland who originate loans secured by Maryland real property — particularly lenders in Virginia, DC, or other states who occasionally send Maryland files — this requirement means that their standard settlement provider needs to employ Maryland-admitted attorneys, not just have a Northern Virginia or DC office close to the state line. Proximity is not the same as licensure.
How the Maryland Attorney Closing Works
In Maryland, the settlement attorney typically acts as a dual-capacity professional: a licensed Maryland attorney conducting the closing and a licensed title insurance agent issuing the title commitment and policy. This is the same integrated model used in Virginia and Pennsylvania — the attorney who conducts the settlement is also the title agent for the transaction, providing a single point of contact for both the title insurance and the closing coordination.
What the settlement attorney does at a Maryland closing:
- Examines the title chain and issues the title commitment on behalf of the title insurer
- Coordinates payoff requests for existing liens, HOA estoppels, and any other pre-closing requirements
- Prepares the settlement statement (HUD-1 or ALTA Closing Disclosure on TRID transactions) and coordinates with the lender on CD preparation
- Collects funds from all parties, holds them in an IOLTA trust account, and disburses proceeds after settlement conditions are met
- Prepares or reviews the deed, deed of trust, and other closing instruments
- Records the deed and deed of trust with the Circuit Court of the county where the property is located
- Issues the ALTA Owner’s Policy and ALTA Loan Policy after recording confirmation
Unlike some attorney-state models (such as Illinois, where independent buyer’s and seller’s attorneys often appear at the same closing), Maryland settlement attorneys typically act as neutral settlement officers rather than adversarial representatives of one party. The settlement attorney’s role is to close the transaction — not to advocate for either buyer or seller on the terms of the contract.
Maryland vs. Virginia: Key Operational Differences
For practitioners who work on both sides of the Potomac, the operational differences between Maryland and Virginia closings are meaningful:
Attorney requirement. Virginia allows licensed title agents (not necessarily attorneys) to conduct settlements under the supervision of a title insurer; Maryland requires a licensed attorney. A Virginia settlement attorney is qualified for Virginia closings but not for Maryland closings unless they also hold a Maryland bar admission.
State deed intake form. Maryland requires the submission of a Maryland State Deed Intake Sheet with every deed recording. This form captures grantor, grantee, consideration, tax identification, and transfer tax exemption information. Missing or incomplete intake sheets are the most common cause of Maryland recording rejections and cannot be corrected without re-submission. Virginia has its own intake form (Form CC-1570) with different fields.
Transfer taxes. Maryland’s transfer tax structure is substantially more complex than Virginia’s — the state imposes a transfer tax on top of county-specific transfer taxes, rates vary by county, and first-time Maryland homebuyer exemptions apply to both the state and some county transfer taxes. Virginia’s structure is simpler: a state grantor’s tax and a state/local recordation tax, with less county-to-county variation. See our Maryland Transfer Tax Guide for a full county-by-county breakdown.
Resale certificate requirements. Maryland’s Homeowners Association Act and Condominium Act require specific disclosure documents — the Maryland Resale Package — before a buyer in an HOA or condo community can be bound by the governing documents. Maryland’s resale disclosure requirements differ from Virginia’s in both content and timing, and settlement attorneys in Maryland need to manage these proactively for community association properties.
Ground rent. Maryland — particularly Baltimore City and the surrounding counties — has a legacy ground rent system where some residential properties are held on long-term ground leases rather than fee simple ownership. Ground rent properties require specific handling at settlement: the ground rent must be identified, the annual rent obligation disclosed, and (for older Baltimore-area properties) the ground rent redemption status confirmed. Ground rent is essentially absent in Northern Virginia and is genuinely unfamiliar to settlement practitioners whose experience is entirely Virginia-based.
Title Commitment Timelines in Maryland
Maryland title commitment timelines vary by county and by property type. For standard residential purchases in Montgomery County, Prince George’s County, Howard County, and Frederick County with clear title chains and conventional or FHA/VA financing, title commitments can typically be issued within 10–15 business days of file receipt. Properties with more complex history — estate chains, prior foreclosures, ground rent properties, or tax sale clouds — require additional time.
The Maryland title search examines the Circuit Court land records for the county, supplemented by searches for judgment liens (in both state and federal courts), real property tax status (with the county assessor and treasurer), and any special assessment liens. Maryland’s land record system is generally well-organized and accessible, but the volume of transactions in Montgomery and Prince George’s counties means that abstractors working those markets are in high demand during peak seasons — filing early is valuable.
What Lenders Need to Send to a Maryland Settlement Attorney
Maryland closing packages for lenders who primarily operate in other states should address several Maryland-specific requirements:
Identify the settlement attorney and confirm Maryland bar admission. Some lenders have approved attorney lists or title company panels. If your settlement provider is a DMV-area company, confirm that the specific attorney conducting the Maryland closing is Maryland-admitted — not just Virginia-licensed with a Northern Virginia address.
Use Maryland-appropriate closing instructions. Instructions referencing “escrow officer” or “title agent” (appropriate in Virginia) should be updated or noted as compatible with Maryland’s attorney settlement model. Most Maryland settlement attorneys know how to interpret lender instructions written for non-attorney states, but jurisdiction-specific instructions reduce friction.
Confirm transfer tax calculations before issuing the LE. Maryland transfer taxes vary by county and by buyer status (first-time buyer vs. non-first-time), and errors on the Loan Estimate create tolerance cure obligations under TRID. See our Maryland Transfer Tax Guide for county-specific rates.
Allow for the Maryland deed intake form requirement. Maryland recordings require the completed State Deed Intake Sheet — a document prepared by the settlement attorney based on the transaction details. Lenders do not need to prepare this, but lenders should understand that any missing information needed for the intake sheet (such as the grantee’s mailing address or tax identification information) will be requested by the settlement attorney before recording.
Alltech National Title handles Maryland closings from our Northern Virginia offices, with Maryland-admitted attorneys coordinating settlements across Montgomery County, Prince George’s County, Frederick County, Howard County, and the broader DC-Maryland market. For Maryland closing inquiries, reach us at (703) 934-2100 or info@alltechnational.com.
ATG Title is Alltech National Title’s DMV operating brand, serving Northern Virginia, Maryland, and the District of Columbia from offices in Haymarket and Fredericksburg, Virginia.
