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Session Laws, 1973, Special Session
Volume 710, Page 339   View pdf image
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MARVIN MANDEL, Governor                                    339

SEC. 11-402. JUDGMENT CONSTITUTES LIEN.
(A) DEFINITION.

LAND MEANS REAL PROPERTY OR ANY INTEREST IN OR

APPURTENANT TO REAL PROPERTY.

[[(A)]] (B) JUDGMENT OF COURT OF ORIGINAL ENTRY.

IF INDEXED AND RECORDED AS PRESCRIBED BY THE
MARYLAND RULES OR THE MARYLAND DISTRICT RULES, A
JUDGMENT OF A COURT CONSTITUTES A LIEN TO THE AMOUNT
AND FROM THE DATE OF THE JUDGMENT ON THE JUDGMENT
DEBTOR'S INTEREST IN LAND LOCATED IN THE COUNTY IN
WHICH THE JUDGMENT WAS RENDERED EXCEPT A LEASE FROM
YEAR TO YEAR OR FOR A TERM OF NOT MORE THAN FIVE YEARS
AND NOT RENEWABLE.

[[(B)]] (C) JUDGMENT OF ANOTHER COURT.

IF INDEXED AND RECORDED AS PRESCRIBED      BY THE

MARYLAND RULES OR THE MARYLAND DISTRICT     RULES, A

JUDGMENT CONSTITUTES A LIEN ON THE JUDGMENT      DEBTOR'S

INTEREST IN LAND LOCATED IN A COUNTY OTHER   THAN THE

COUNTY IN WHICH THE JUDGMENT WAS ORIGINALLY      ENTERED,

EXCEPT A LEASE FROM YEAR TO YEAR OR FOR A   TERM NOT
MORE THAN FIVE YEARS AND NOT RENEWABLE.

REVISOR'S NOTE: The provisions of this section are
new language derived from Art. 17, §§ 18, 19,
and 21, Art. 26, § 20, and Art. 26, § 150
(b), as amended by Ch. 67, S.B. 432, Acts of
1973.

Subsection (a) is added to clarify the
meaning of the word 'land'. This is
consistent with Art. 21, §1-101.

An exception, as to leases from year to year
and leases for terms of not more than five
years and not renewable, applies to the
United States District Court judgment liens
as well. Although Art. 17, §§ 18 and 19 are
silent on that subject, it is believed that
this creates no conflict since 28 USCA, 1962
provides, inter alia, that "every judgment
rendered by a district court within a state
shall be a lien on the property located in
such state in the same manner, to the same
extent and under the same conditions as a
judgment of a court of general jurisdiction

 

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Session Laws, 1973, Special Session
Volume 710, Page 339   View pdf image
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