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Session Laws, 1975
Volume 716, Page 641   View pdf image
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MARVIN MANDEL, Governor

641

PROPERTY TO WHICH THE LIEN ATTACHES AT PUBLIC SALE. THE
SALE SHALL BE IN A LOCATION CONVENIENT AND ACCESSIBLE TO
THE PUBLIC AND SHALL BE HELD BETWEEN THE HOURS OF 10 A.M.
AND 6 P.M.

(B)   NOTICE OF SALE.

(1)   THE LIENOR SHALL PUBLISH NOTICE OF THE
TIME, PLACE, AND TERMS OF THE SALE AND A FULL DESCRIPTION
OF THE PROPERTY TO BE SOLD ONCE A WEEK FOR THE TWO WEEKS
IMMEDIATELY PRECEEDING THE SALE IN ONE OR MORE NEWSPAPERS
OF GENERAL CIRCULATION IN THE COUNTY WHERE THE SALE IS TO
BE HELD.

(2)   IN ADDITION, THE LIENOR SHALL SEND THE
NOTICE BY REGISTERED OR CERTIFIED MAIL AT LEAST 10 DAYS
BEFORE THE SALE TO:

(i) THE OWNER OF THE PROPERTY;

(ii) THE PERSON WHO INCURRED THE CHARGES
WHICH GIVE RISE TO THE LIEN, IF THE ADDRESS OF THE OWNER
IS UNKNOWN AND CANNOT BE ASCERTAINED BY THE EXERCISE OF
REASONABLE DILIGENCE; OR

(iii) "GENERAL DELIVERY" AT THE POST OFFICE
OF THE CITY OR COUNTY WHERE THE BUSINESS OF THE LIENOR IS
LOCATED, IF THE ADDRESS OF BOTH THE OWNER AND THE PERSON
WHO INCURRED THE CHARGES IS UNKNOWN AND CANNOT BE
ASCERTAINED BY THE EXERCISE OF REASONABLE DILIGENCE.

(C)   APPLICATION OF PROCEEDS.

(1)    THE PROCEEDS OF THE SALE SHALL BE
APPLIED, IN THE FOLLOWING ORDER, TO:

(i) THE EXPENSES OF GIVING NOTICE AND HOLDING
THE SALE, INCLUDING REASONABLE ATTORNEY'S FEE; AND

(ii) THE AMOUNT OF THE LIEN CLAIM.

(2)    AFTER APPLICATION OF THE PROCEEDS IN
ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION, ANY
REMAINING BALANCE SHALL BE PAID TO THE OWNER OF THE
PROPERTY.

REVISOR'S NOTE: This section is new language which
combines without substantive change the
provisions of Art. 63, §§ 36, 43, and 53(c).

In subsection (b)(1) of this section, the
reference in present §53(c), with respect to
aircraft, to "daily" newspapers is deleted as
inconsistent with the similar provisions

 

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Session Laws, 1975
Volume 716, Page 641   View pdf image
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