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Session Laws, 1990 Session
Volume 436, Page 875   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 228
reasonable, pending full determination of the State's claim.

(iii) 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 Act 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.

(iv) 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 attorneys' fees incurred by the State. The owner or other
interested party may cause the release to be recorded in land records.

(d) (i) Proceedings to determine the State's right to recover and the
amount of its recovery under this Act shall have priority over other civil proceedings in
the circuit courts.

(ii) 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, pledgee, purchaser, or
judgment creditor whose interest became perfected against third persons after the State
first made funds available in connection with the property under the Act.

(iii) 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.

(iv) 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.

(v) The owner or 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,

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Session Laws, 1990 Session
Volume 436, Page 875   View pdf image (33K)
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