By Margaret Henn
One of Gov. Wes Moore’s top goals for Maryland is to make housing more affordable, fair and accessible for everyone. But a recent decision by the Maryland State Archives could move us in the opposite direction.
They’ve announced plans to charge people to access land records – the documents that show who legally owns a property. While that might sound like a small change, it could have serious consequences, especially for families who are already struggling to hold onto their homes.
The Maryland State Bar Association and other advocates have managed to delay this new charge. But when it goes into effect, housing advocates are concerned how it will impact clients.
At Maryland Volunteer Lawyers Service (MVLS), we see this through our Tangled Title program, which helps mostly older Black homeowners living in family homes that were never legally transferred to them. These families work hard to preserve their legacy. But without access to land records, proving ownership – and keeping their homes – becomes much harder. This isn’t just about paperwork. It’s about housing stability.
Many families end up with a “tangled title” because they couldn’t afford probate, didn’t have a lawyer or didn’t trust the legal system. When a deed isn’t officially transferred after a loved one dies, the person living in the home doesn’t legally own it – even after decades. Without ownership, they can’t access repair help, tax credits or insurance, putting the home at risk of disrepair, tax sale or foreclosure. Too often, this leads to families losing their homes.
To fix a tangled title, our team often has to go through the probate process for one or more family members’ estates. That starts with researching land records to figure out who legally owned the property and what steps are needed to transfer the deed. We typically need to pull at least two to four land records per case just to fully understand what steps will be required to untangle the title and save the family home.
Until now, Marylanders could access deeds online for free. But under the State Archives’ new policy, both nonprofits like MVLS and individuals will have to pay. For organizations already strained by budget cuts, it’s an added burden we can’t afford.
For the 400 clients we help each year with tangled titles and foreclosure issues, this new fee could cost over $1,000 – money that could go toward helping more families.
Even more concerning is the impact on everyday people. For years, we’ve shown Marylanders how to easily access and print their deeds for free – a vital resource, especially for those navigating legal issues without a lawyer.
With too few free attorneys available, many people are left to navigate complex property and deed issues on their own, which is already confusing and costly. Now, adding a fee just to view or download your own deed creates another roadblock.
Sure, records can still be viewed at local Circuit Courts. But that’s not realistic for many. It’s tough for those who work during the day, don’t drive or can’t afford parking. And even then, they can’t print, copy or take photos of the deed.
If Maryland is serious about making housing more affordable and accessible, this policy is a step backward. Everyone should be able to easily access the deed to their property. Taking away free online access only makes it harder for vulnerable families who are already struggling to hold onto their homes.
At MVLS, we’re urging the Maryland State Archives to take steps that protect the housing stability of those who need it most. One simple fix could be allowing free access to land records for people who only need to look up a few documents each month. These users would more likely be everyday individuals, not big businesses.
Another option is creating a fee waiver for low-income Marylanders, similar to what already exists in the court system and for nonprofits like ours. Legal aid and housing organizations rely on these records to help people stay in their homes. Charging us to access these records just doesn’t make sense.
We live in an era where technology makes it easier than ever to share information. We’re simply asking the State Archives and the Moore-Miller administration to keep Maryland’s most vulnerable residents in mind when making decisions that could affect their ability to hold onto their homes.
Margaret Henn is the deputy director of Maryland Volunteer Lawyers Service.
The opinions expressed in this commentary are those of the writer and not necessarily those of the AFRO.