Ch. 214 LAWS OF MARYLAND

UNDER THIS SUBTITLE (STYLED AS A CIVIL ACTION AGAINST THE
OWNER OR THE PROPERTY AND ANY OTHER INTERESTED PARTIES,
INCLUDING ANY TRANSFEROR THAT THE STATE WISHES TO MAKE A
PARTY), TOGETHER WITH A SWORN AFFIDAVIT 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 OTHER AMOUNTS 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
SUBTITLE 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 ANY ADDITIONAL AMOUNT
NECESSARY TO COVER THE COSTS AND REASONABLE ATTORNEYS' FEES
INCURRED BY THE STATE. THE OWNER OR OTHER 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 SUBTITLE
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

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