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Session Laws, 1974
Volume 713, Page 456   View pdf image
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456                                          LAWS OF MARYLAND                          [Ch. 12

(A)   DAMAGES.

ANY MORTGAGOR, INCLUDING A GRANTOR UNDER A DEED OF
TRUST GIVEN AS SECURITY FOR THE PAYMENT OF A DEBT OR THE
PERFORMANCE OF AN OBLIGATION, ANY OTHER PERSON IN
POSSESSION OF LAND, ANY LIFE TENANT, TENANT FOR YEARS,
TENANT AT WILL, PERIODIC TENANT, TENANT IN COMMON OR
JOINT TENANT, WHO, WITHOUT EXPRESS OR IMPLIED
AUTHORIZATION, COMMITS OR PERMITS WASTE IS LIABLE FOR THE
ACTUAL DAMAGES SUFFERED BY THE PROPERTY. AN ACTION MAY
BE MAINTAINED AGAINST THE PERSON EVEN THOUGH HE LATER MAY
GRANT OR ASSIGN HIS INTEREST OR ESTATE IN THE LAND.

(B)   WASTE AFTER INJUNCTION.

IF WASTE IS COMMITTED AFTER AN INJUNCTION TO STAY
WASTE, THE COURT SHALL ASCERTAIN THE DAMAGE DONE BY THE
WASTE, BY AFFIDAVIT OR OTHER PROOF AS THE COURT
DETERMINES NECESSARY, AND MAY FINE THE DEFENDANT TO THE
EXTENT OF DOUBLE THE DAMAGE ASCERTAINED. IF THE FINAL
JUDGMENT IS IN FAVOR OF THE INJURED PARTY THE COURT MAY
DETERMINE THE AMOUNT TO BE PAID TO HIM AND THE REMAINDER
SHALL BE APPLIED AS A FINE. THE COURT MAY IMPRISON A
PERSON WHO DOES NOT COMPLY WITH THE ORDER TO PAY AND MAY
ISSUE EXECUTION IN THE NAME OF THE STATE FOR ITS
COLLECTION.

REVISOR'S NOTE: This section presently appears as
Art. 21, §14-102 of the Code. The present
clause providing that the fine provided for
remains to the credit of the cause in which
the injunction is issued is proposed for
deletion as unnecessary. If the fine is
levied by a District Court the fine goes to
the District Court System; if levied by the
circuit court it goes to the general funds of
the State. The only other changes are in
style.

14-103. COURT-ORDERED SALES.

(A) PURCHASERS AT EXECUTION, JUDICIAL, AND
FORECLOSURE SALES.

IF A LEGAL OR EQUITABLE INTEREST IN LAND IS SOLD
UNDER AN EXECUTION SALE, JUDICIAL SALE, OR FORECLOSURE
SALE EXCEPT A SALE UNDER SUBTITLE W OF THE MARYLAND
RULES, AND A DEED IS EXECUTED AND DELIVERED TO THE
PURCHASER BY THE SHERIFF, TRUSTEE, AGENT, OR OTHER
OFFICER MAKING THE SALE, THE GRANTEE IN THE DEED, WHEN
RECORDED, IS ENTITLED TO THE SAME PROTECTION AGAINST THE
LEGAL OR EQUITABLE INTERESTS OF PERSONS NOT OF RECORD AS
IS PROVIDED IN THIS ARTICLE FOR THE BENEFIT OF GRANTEES

 

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Session Laws, 1974
Volume 713, Page 456   View pdf image
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