WILLIAM DONALD SCHAEFER, Governor Ch. 389

TRANSFEREE, POTENTIAL CREDITOR, OR OTHER INTERESTED PARTY OF
THE POSSIBILITY THAT THE STATE MAY OBTAIN A LIEN UNDER THIS
TITLE.

(C) (1) IN THE EVENT OF AN ALLEGED SALE OR TRANSFER AS
DESCRIBED ABOVE OR IN THE EVENT THAT A PROPERTY IS ALLEGED TO
HAVE CEASED TO BE A FACILITY AS DEFINED IN THIS TITLE, THE
SECRETARY OF THE BOARD OF PUBLIC WORKS MAY FILE, IN THE
CIRCUIT COURT FOR THE COUNTY OR BALTIMORE CITY IN WHICH THE
PROPERTY IS LOCATED, A CLAIM UNDER THIS TITLE, STYLED AS A CIVIL
ACTION AGAINST THE OWNER OF THE PROPERTY AND ANY OTHER
INTERESTED PARTIES, INCLUDING ANY TRANSFEROR THAT THE STATE
WISHES TO MAKE A PARTY, TOGETHER WITH SWORN AFFIDAVITS
STATING FACTS ON WHICH THE ALLEGATIONS OF DEFAULT ARE BASED,
AS WELL AS A DETAILED JUSTIFICATION OF THE AMOUNT CLAIMED.

(2) IF THE CIRCUIT COURT DETERMINES FROM THE STATE'S
INITIAL FILING THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT A
DEFAULT HAS OCCURRED, THE COURT SHALL AUTHORIZE A
TEMPORARY LIEN ON THE PROPERTY, IN THE AMOUNT OF THE STATE'S
CLAIM, PLUS ANY ADDITIONAL AMOUNT ESTIMATED TO BE NECESSARY
TO COVER THE COSTS AND REASONABLE ATTORNEY'S FEES INCURRED
BY THE STATE, OR IN SUCH OTHER AMOUNT AS THE COURT
DETERMINES TO BE REASONABLE, PENDING FULL DETERMINATION OF
THE STATE'S CLAIM.

(3) THE TEMPORARY LIEN TAKES EFFECT ON THE DATE OF
THE COURT'S AUTHORIZATION IF THE SECRETARY OF THE BOARD OF
PUBLIC WORKS RECORDS A NOTICE OF TEMPORARY LIEN IN THE LAND
RECORDS OF THE COUNTY OR BALTIMORE CITY IN WHICH THE
PROPERTY IS LOCATED WITHIN 10 DAYS THEREAFTER; OTHERWISE, THE
TEMPORARY LIEN TAKES EFFECT ON THE DATE A NOTICE OF
TEMPORARY LIEN IS RECORDED. WHILE THE TEMPORARY LIEN IS IN
EFFECT, NEITHER THE OWNER NOR ANY PERSON WHO ACQUIRED AN
INTEREST IN THE PROPERTY AFTER THE STATE FIRST MADE FUNDS
AVAILABLE IN CONNECTION WITH THE PROPERTY UNDER THIS TITLE
MAY TAKE ANY ACTION THAT WOULD AFFECT THE TITLE TO THE
PROPERTY OR INSTITUTE ANY PROCEEDINGS, TO ENFORCE A SECURITY
INTEREST OR OTHER SIMILAR RIGHTS IN THE PROPERTY WITHOUT THE
PRIOR WRITTEN CONSENT OF THE STATE.

(4) THE OWNER OF THE PROPERTY OR ANY OTHER
INTERESTED PARTY MAY OBTAIN RELEASE OF THIS TEMPORARY LIEN
AT ANY TIME BY FILING WITH THE COURT A BOND SECURING THE
PAYMENT IN FULL OF THE STATE'S CLAIM AND ANY ADDITIONAL
AMOUNT NECESSARY TO COVER THE COSTS AND REASONABLE
ATTORNEY'S FEES INCURRED BY THE STATE. THE OWNER OR OTHER

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