Ch. 389 LAWS OF MARYLAND
INTERESTED PARTY MAY CAUSE THE RELEASE TO BE RECORDED IN THE
LAND RECORDS.
(D) (1) PROCEEDINGS TO DETERMINE THE STATE'S RIGHT TO
RECOVER AND THE AMOUNT OF ITS RECOVERY UNDER THIS TITLE
SHALL HAVE PRIORITY OVER OTHER CIVIL PROCEEDINGS IN THE
CIRCUIT COURTS.
(2) AT THE CONCLUSION OF FULL ADVERSARY PROCEEDINGS
ON THE ISSUE OF DEFAULT AND ON ANY DISPUTES OVER THE AMOUNT
OF THE STATE'S RECOVERY, THE CIRCUIT COURT SHALL, IF IT FINDS
THAT A DEFAULT HAS OCCURRED, ISSUE A FINAL JUDGMENT FOR THE
AMOUNT IT FINDS TO BE RECOVERABLE BY THE STATE. ALL PARTIES
INVOLVED IN THE DEFAULT, INCLUDING IN EVERY CASE THE OWNER OF
THE PROPERTY, SHALL BE HELD JOINTLY AND SEVERALLY LIABLE TO
THE STATE FOR THE AMOUNT OF THE JUDGMENT. THIS AMOUNT, IF IT
REMAINS UNPAID AFTER THE EXPIRATION OF 30 DAYS FOLLOWING THE
COURT'S FINAL ORDER, SHALL BE A LIEN ON THE PROPERTY, SUPERIOR
(EXCEPT AS THE STATE MAY BY WRITTEN SUBORDINATION AGREEMENT
PROVIDE OTHERWISE) TO THE LIEN OR OTHER INTEREST OF ANY
MORTGAGEE, PLEDGE, PURCHASER, OR JUDGMENT CREDITOR WHOSE
INTEREST BECAME PERFECTED AGAINST THIRD PERSONS AFTER THE
STATE FIRST MADE FUNDS AVAILABLE IN CONNECTION WITH THE
PROPERTY UNDER THIS TITLE.
(3) THIS LIEN TAKES EFFECT ON THE 31ST DAY FOLLOWING
THE COURT'S FINAL ORDER IF THE SECRETARY OF THE BOARD OF
PUBLIC WORKS RECORDS A NOTICE OF LIEN IN THE LAND RECORDS OF
THE COUNTY OR BALTIMORE CITY IN WHICH THE PROPERTY IS
LOCATED ON OR BEFORE THE 41ST DAY FOLLOWING THE FINAL ORDER;
OTHERWISE, THE LIEN TAKES EFFECT ON THE DATE A NOTICE OF LIEN
IS RECORDED. AT THE TIME THIS LIEN TAKES EFFECT, ANY TEMPORARY
LIEN THEN IN EFFECT SHALL BE AUTOMATICALLY AND FULLY
RELEASED, AND THE RECORDED NOTICE OF THIS LIEN SHALL
CONSTITUTE NOTICE OF THE RELEASE OF THE TEMPORARY LIEN.
(4) THIS LIEN MAY BE ENFORCED AND FORECLOSED IN
ACCORDANCE WITH THE PROCEDURES PRESCRIBED IN THE MARYLAND
RULES, EXCEPT THAT NEITHER THE STATE NOR ANY AGENT APPOINTED
BY THE STATE TO SELL THE PROPERTY NEED FILE A BOND.
(5) THE OWNER OF ANY OTHER INTERESTED PARTY MAY
OBTAIN RELEASE OF THIS LIEN AT ANY TIME BY PAYING TO THE STATE
THE FULL AMOUNT OF THE JUDGMENT RENDERED BY THE CIRCUIT
COURT, TOGETHER WITH INTEREST FROM THE DATE OF JUDGMENT. ON
PAYMENT IN FULL, THE SECRETARY OF THE BOARD OF PUBLIC WORKS
SHALL CAUSE A RELEASE TO BE RECORDED IN THE LAND RECORDS.
(6) IF THE CIRCUIT COURT FINDS THAT THERE HAS BEEN NO
- 1306 -
|