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Session Laws, 1976
Volume 734, Page 949   View pdf image
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MARVIN MANDEL, Governor                               949

AVAILABLE TO SATISFY EACH SUCH LIEN SHALL BE STATED BY

THE COURT__AUDITOR AS ONE FUND, AND THE AMOUNT TO BE

DISBURSED TO SATISFY EACH LIEN__ESTABLISHED PURSUANT TO

THIS SUBTITLE SHALL BEAR THE SAME PROPORTION TO THAT FUND

AS THE AMOUNT OF SUCH LIEN BEARS TO THE TOTAL AMOUNT

SECURED BY ALL SUCH LIENS, WITHOUT REGARD TO PRIORITY
AMONG SUCH LIENS.

[[9-108.

A LIEN ESTABLISHED UNDER THIS SUBTITLE, UNLESS
SOONER RELEASED PURSUANT TO THIS SUBTITLE, EXPIRES AT THE
END OF ONE YEAR FROM THE DAY ON WHICH IT FIRST ATTACHED
IN ANY COUNTY. DURING THIS TIME, THE CLAIMANT MAY BRING
PROCEEDINGS IN EQUITY TO ENFORCE THE LIEN OR EXECUTE ON
THE BOND, AND THE OWNER OR ANY OTHER PERSON INTERESTED IN
THE PROPERTY SUBJECT TO THE LIEN, MAY BRING PROCEEDINGS
IN EQUITY TO COMPEL THE CLAIMANT TO PROVE THE VALIDITY OF
THE LIEN OR HAVE IT DECLARED VOID. IF AN EQUITY
PROCEEDING IS FILED WITHIN ONE YEAR, THE LIEN OR BOND
SHALL REMAIN EFFECTIVE UNTIL THE CONCLUSION OF THE
PROCEEDINGS.]]

9-109.

THE RIGHT TO ENFORCE ANY LIEN ESTABLISHED UNDER THIS
SUBTITLE EXPIRES AT THE END OF ONE YEAR FROM THE DAY ON
WHICH THE PETITION TO ESTABLISH THE LIEN WAS FIRST FILED.
DURING THIS TIME THE CLAIMANT MAY FILE A PETITION IN THE

LIEN PROCEEDINGS__TO ENFORCE THE LIEN OR EXECUTE ON ANY

BOND GIVEN TO OBTAIN A RELEASE OF THE LAND AND BUILDING
FROM THE LIEN. IF SUCH PETITION IS FILED WITHIN THE ONE
YEAR PERIOD, THE RIGHT TO A LIEN OR THE LIEN, OR ANY BOND
GIVEN TO OBTAIN A RELEASE OF LIEN, SHALL REMAIN IN FULL
FORCE AND EFFECT UNTIL THE CONCLUSION OF THE ENFORCEMENT

PROCEEDINGS AND THEREAFTER ONLY IN__ACCORDANCE WITH THE

DECREE ENTERED IN THE CASE.

[[9-109.

IF BETWEEN FEBRUARY 10, 1976 AND THE EFFECTIVE DATE
OF THIS ACT, INCLUSIVE, A PERSON CLAIMED OR WAS ENTITLED
TO CLAIM PLACED A MECHANIC'S LIEN AND, ON THE EFFECTIVE
DATE OF THIS ACT, THE LIEN HAS NOT BEEN TERMINATED,
WAIVED, RELEASED OR DISCHARGED, THE PERSON MAY FILE AN
AFFIDAVIT FOR A LIEN, AS PROVIDED IN § 9-105, WITHIN 90
DAYS AFTER THE EFFECTIVE DATE OF THIS ACT.]]

9-110.

NO PERSON HAVING THE RIGHT TO ESTABLISH A MECHANICS'
LIEN WAIVES THE RIGHT BY GRANTING A CREDIT, OR RECEIVING

A NOTE OR OTHER SECURITY, UNLESS IT IS RECEIVED AS

PAYMENT OR THE LIEN FIGHT IS EXPRESSLY WAIVED.

SECTION a. AND BE IT FURTHER ENACTED, That this Act
is hereby declared to be an emergency measure and

 

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Session Laws, 1976
Volume 734, Page 949   View pdf image
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