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Session Laws, 1971
Volume 707, Page 1364   View pdf image
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1364                               Laws of Maryland                        [Ch. 648

of the judgment; (vi) that by such search he has discovered no
personal or real property or other assets liable to be held or applied,
or that he has discovered certain of
them, describing them, owned

by the judgment debtor and liable to be so applied, and that he has

taken all necessary action and proceedings for the realization there-
of, and that the amount thereby realised was insufficient to satisfy

the judgment, stating the amount so realized and the balance re-

maining due on the judgment after application of the amount real-
ized. (4) Whenever the
aggrieved person satisfies the court that it
is not practicable to comply with one or more of the requirements
enumerated in subdivisions (iv), (v) and (vi) of subsection (3) of

this section and that the aggrieved person has taken all reasonable

steps to collect the amount of the judgment or the unsatisfied part

thereof and has been unable to collect the same, the court may in

its discretion dispense with the necessity for complying with such
requirements. (5) The court shall make an order directed to said

commission requiring payment from the real estate guaranty fund
of whatever sum it shall find to be payable upon the
claims pursuant
to the provisions of and in accordance with the
limitations contained

in this section and section 1, if the court is satisfied, upon the

hearing, of the truth of all matters required to be shown by the

aggrieved person has fully pursued and exhausted all remedies avail-
able to him for recovering the
amount awarded by the judgment of

the court. . (4) THE COMMISSION SHALL DIRECT PAYMENT
FROM THE REAL ESTATE GUARANTY FUND OF WHAT-
EVER SUM IT SHALL FIND TO BE PAYABLE UPON THE
CLAIM IF THE COMMISSION IS SATISFIED, UPON THE
HEARING, OF THE TRUTH OF ALL MATTERS, (5) (6) (5) If
said commission pays from said fund any amount in settlement of
a claim or toward satisfaction of a judgment against a licensed real
estate broker or real estate salesman pursuant to an order under
subsection (5),
THIS SECTION, the license of the broker or sales-
man shall be automatically revoked and no such broker or salesman
shall be eligible to receive a new license until he has repaid in full,
plus interest at the rate of four per cent a year, the amount paid
from said guaranty fund on his account. A discharge in bankruptcy
shall not relieve a person from the penalties and disabilities pro-
vided in this subsection.
(7) (6) If, at any time, the money deposited
in said guaranty fund is insufficient to satisfy any duly authorized
claim or portion thereof, said commission shall, when sufficient money
has been deposited in said guaranty fund, satisfy such unpaid claims
or portions thereof, in the order that such claims or portions thereof
were originally filed, plus accumulated interest at the rate of four
per cent a year.

(f) (E) Any person filing with the commission any notice,, state-
ment or other document required under the provisions of section
(e)
(D) of this act which is false or untrue or contains HE KNOWS TO
BE FALSE OR UNTRUE OR TO CONTAIN any material misstate-
ment of fact shall be fined not less than two hundred dollars.

(g) When said commission receives notice, as provided in section

(e) of this act, it may enter an appearance, file an answer, appear

at the court hearing, defend the action or take whatever other action

it may deem appropriate on the behalf and in the name of the de-

fendant and take recourse through any appropriate method of review
or appeal on
behalf and in the name of the defendant.


 

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Session Laws, 1971
Volume 707, Page 1364   View pdf image
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