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Session Laws, 1976
Volume 734, Page 945   View pdf image
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MARVIN MANDEL, Governor

945

(IV) SPECIFIES THE AMOUNT OF A BOND
THAT THE OWNER MAY FILE TO RELEASE THE LAND AND BUILDING
FROM THE LIEN.

(2) IF, FROM THE AFFIDAVIT, ANY
COUNTERAFFIDAVIT, AND OTHER EVIDENCE, THE COURT
DETERMINES THAT THERE IS A MATERIAL DISPUTE WITH RESPECT
TO WHETHER OR NOT THE CLAIMANT IS ENTITLED TO A LIEN, THE
AMOUNT OF THE LIEN TO WHICH THE CLAIMANT IS ENTITLED, OR
THE LAND OR BUILDINGS TO WHICH THE LIEN ATTACHES OR THE
COURT IS UNABLE TO MAKE A DETERMINATION OF PROBABLE
CAUSE, THE COURT SHALL ENTER AN ORDER WHICH:

(I)

ESTABLISHES A LIEN;

(II) DESCRIBES THE BOUNDARIES OF THE
LAND AND THE BUILDINGS TO WHICH THE LIEN ATTACHES;

(III)  REQUIRES THE CLAIMANT TO FILE A
BOND IN AN AMOUNT THAT THE COURT BELIEVES SUFFICIENT FOR
DAMAGES, INCLUDING REASONABLE ATTORNEY'S FEES, TO THE
OWNER AND, IF THE CLAIMANT IS A SUBCONTRACTOR, TO THE
CONTRACTOR AND ANY CONTRACTOR IN THE LINE OF CONTRACTS TO
THE OWNER; AND

(IV)   SPECIFIES THE AMOUNT OF A BOND
THAT THE OWNER MAY FILE TO RELEASE THE LAND AND BUILDING
FROM THE LIEN.

(C) SUBJECT TO THE PROVISIONS OF THIS SUBTITLE, A
BOND SHALL COMPLY WITH THE MARYLAND RULES.]]

9-105.

(A) IN ORDER TO ESTABLISH A LIEN UNDER THIS

SUBTITLE, A PERSON ENTITLED TO A LIEN SHALL FILE

PROCEEDINGS IN THE CIRCUIT COURT FOR THE COUNTY WHERE THE
LAND OR ANY PART OF THE LAND IS LOCATED WITHIN 180 DAYS

AFTER THE WORK HAS BEEN FINISHED OR THE MATERIALS

FURNISHED. THE PROCEEDINGS SHALL BE COMMENCED BY FILING

WITH THE CLERK, THE FOLLOWING:

(1)

A PETITION TO ESTABLISH THE MECHANIC'S

LIEN, WHICH SHALL SET FORTH AT LEAST THE FOLLOWING:

PETITIONER;

(I) THE NAME AND ADDRESS OF THE

(II)       THE NAME AND ADDRESS OF THE OWNER;

(III)    THE NATURE OF KIND OF WORK DONE OR
THE KIND AND AMOUNT OF MATERIALS FURNISHED, THE TIME WHEN
THE WORK WAS DONE OR THE MATERIALS FURNISHED, THE NAME OF

THE PERSON FOR WHOM THE WORK WAS DONE OR TO WHOM THE

MATERIALS WERE FURNISHED AND THE AMOUNT OR SUM CLAIMED TO
BE DUE, LESS ANY CREDIT RECOGNIZED BY THE PETITIONER;

(IV) A DESCRIPTION OF THE LAND,

 

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Session Laws, 1976
Volume 734, Page 945   View pdf image
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