946

LAWS OF MARYLAND

Ch. 349

INCLUDING A STATEMENT WHETHER PART OF THE LAND IS LOCATED
IN ANOTHER COUNTY, AND A DESCRIPTION ADEQUATE TO IDENTIFY
THE BUILDING; AND

(V) IF THE PETITIONER IS A

SUBCONTRACTOR, FACTS SHOWING THAT THE NOTICE REQUIRED

UNDER SECTION 9-104 OF THIS SUBTITLE WAS PROPERLY MAILED
OR SERVED UPON THE OWNER, OR, IF SO AUTHORIZED, POSTED ON

THE BUILDING. IF THE LIEN IS SOUGHT TO BE ESTABLISHED

AGAINST TWO OR MORE BUILDINGS ON SEPARATE LOTS OR PARCELS

OF LAND OWNED BY THE SAME PERSON, THE LIEN WILL BE

POSTPONED TO OTHER MECHANICS' LIENS UNLESS THE PETITIONER

DESIGNATES THE AMOUNT HE CLAIMS IS DUE HIM ON EACH

BUILDING.

(2) AN AFFIDAVIT BY THE PETITIONER OR SOME

PERSON ON HIS BEHALF, SETTING FORTH FACTS UPON WHICH THE

PETITIONER CLAIMS HE IS ENTITLED TO THE LIEN IN THE

AMOUNT SPECIFIED: AND

(3) EITHER ORIGINAL OR SWORN, CERTIFIED OR

PHOTOSTATIC COPIES OF ALL MATERIAL PAPERS OR PARTS

THEREOF, IF ANY, WHICH CONSTITUTE THE BASIS OF THE LIEN

CLAIM, UNLESS THE ABSENCE THEREOF IS EXPLAINED IN THE

AFFIDAVIT.

(B) THE CLERK SHALL DOCKET THE PROCEEDINGS AS___AN

ACTION ___IN EQUITY, AND ALL PROCESS SHALL ISSUE OUT OF AND

ALL PLEADINGS SHALL BE FILED IN THE ONE ACTION.

9-106.

(A) (1) WHEN A PETITION TO ESTABLISH A

MECHANIC'S LIEN IS FILED, THE COURT SHALL REVIEW THE

PLEADINGS AND DOCUMENTS ON FILE AND MAY REQUIRE THE

PETITIONER TO SUPPLEMENT OR EXPLAIN ANY OF THE MATTERS

THEREIN SET FORTH. IF THE COURT DETERMINES THAT THE LIEN

SHOULD ATTACH, IT SHALL PASS AN ORDER THAT DIRECTS THE

OWNER TO SHOW CAUSE WITHIN 15 DAYS FROM THE DATE OF

SERVICE ON THE OWNER OF A COPY OF THE ORDER, TOGETHER

WITH COPIES OF THE PLEADINGS AND DOCUMENTS ON FILE, WHY A

LIEN UPON THE LAND OR BUILDING AND FOR THE AMOUNT

DESCRIBED IN THE PETITION SHOULD NOT ATTACH.

ADDITIONALLY, THE ORDER SHALL INFORM THE OWNER THAT:

(I)    HE MAY APPEAR AT THE TIME STATED

IN THE ORDER AND PRESENT EVIDENCE IN HIS BEHALF OR MAY

FILE A COUNTERAFFIDAVIT AT OR BEFORE THAT TIME; AND

(II)   IF HE FAILS TO APPEAR AND PRESENT

EVIDENCE OR FILE A COUNTERAFFIDAVIT, THE FACTS IN THE

AFFIDAVIT SUPPORTING THE PETITIONER'S CLAIM SHALL BE

DEEMED ADMITTED AND A LIEN MAY ATTACH TO THE LAND OR

BUILDINGS DESCRIBED IN THE PETITION.

(2) IF THE OWNER DESIRES TO CONTROVERT ANY

STATEMENT OF FACT CONTAINED IN THE AFFIDAVIT SUPPORTING

THE PETITIONER'S CLAIM, HE MUST FILE AN AFFIDAVIT IN