|
352 LAWS OF MARYLAND [Ch. 12
MORTGAGE, JUDGMENT, LIEN, OR ENCUMBRANCE IS REQUIRE BY
THE LAWS OF THE STATE TO BE RECORDED AND IT WAS RECORDED
PRIOR TO THE COMMENCEMENT OF THE BUILDING, OTHERWISE THE
MECHANICS' LIEN HAS PRIORITY.
REVISOR'S NOTE: This section is new Language derived
from Art. 21, §9-107 of the Code. It is added
to clarify the probable original legislative
intent when this section was enacted. It
should be noted that the Code Revision
Committee of the State Bar Association
recommends that new language be added to this
section so that a mechanics' lien can only
attach after completion of work necessary to
qualify for a building permit. The existing
law makes it quite difficult to obtain
financing for construction and the Committee
recommends that the General Assembly consider
enacting appropriate legislation.
The only other changes are in style.
9-108. NO WAIVER BY GIVING CREDIT OR TAKING SECURITY.
NO PERSON HAVING A MECHANICS' LIEN WAIVES THE LIEN
BY GRANTING A CREDIT, OR RECEIVING A NOTE OR OTHER
SECURITY, UNLESS IT IS RECEIVED AS PAYMENT OR THE LIEN IS
EXPRESSLY WAIVED. THE SOLE EFFECT OF GRANTING A CREDIT,
OR RECEIVING A NOTE OR OTHER SECURITY OTHERWISE THAN AS
PAYMENT OF THE LIEN PREVENTS THE INSTITUTION OF ANY
PROCEEDING TO ENFORCE THE LIEN UNTIL THE EXPIRATION OF
THE TIME AGREED ON.
REVISOR'S NOTE: This section presently appears as
Art. 21, §9-108 of the Code. The only changes
are in style.
9-109. RIGHT TO INSTITUTE PERSONAL ACTION.
NOTHING IN THIS SUBTITLE AFFECTS THE RIGHT OF ANY
PERSON, TO WHOM ANY DEBT IS DUE FOR WORK DONE OR MATERIAL
FURNISHED, TO MAINTAIN ANY PERSONAL ACTION AGAINST THE
OWNER OF THE BUILDING OR ANY OTHER PERSON LIABLE FOR THE
DEBT.
REVISOR'S NOTE: This section presently appears as
Art. 21, §9—109 of the Code. The only changes
are in style.
9-110. SUBTITLE A REMEDIAL LAW; AMENDMENT TO
PROCEEDINGS.
THIS LAW IS REMEDIAL AND SHALL BE [[LIBERALLY]] SO
CONSTRUED TO GIVE EFFECT TO ITS PURPOSE. ANY AMENDMENT
|
