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Session Laws, 1978
Volume 736, Page 2088   View pdf image
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2088

LAWS OF MARYLAND

Ch. 706

publication under order of court as hereinafter provided.
106.

(A)    Upon the filing of the bill of complaint, the
court shall issue its subpoena for all parties defendant
named in the said bill who are residents of this State and
upon such till the same process by summons, notice or
otherwise shall be had to procure the answer and appearance
of all such defendants as is had in other cases in equity,
except as otherwise provided in this subtitle. The
subpoena shall warn all parties named as defendant to appear
in court on or before a certain day named in said subpoena,
which day shall be not less than sixty days from the day on
which the bill of complaint was filed, to answer the said
bill or to redeem the property and shall contain a statement
that in case of failure to do so, a final decree will be
rendered foreclosing all rights of redemption in the
property. Provided that in all cases where two successive
subpoenas against a named defendant have been returned, non
est or upon the return of one subpoena non est and proof by
affidavit that a defendant has kept out of the way or has
secreted himself to avoid service of the subpoena, or whose
whereabouts may be unknown, such defendant shall be deemed
to be served by the publication issuing under the provisions
of the succeeding sections as if he were a nonresident.

(B)    NOTICE OF THE INSTITUTION OF A PROCEEDING TO
FORECLOSE THE RIGHT OF REDEMPTION ALSO SHALL BE GIVEN TO THE
COLLECTOR OF TAXES IN THE COUNTY OR BALTIMORE CITY WHERE THE
PROPERTY IS LOCATED.

112.

At the expiration of the time limited in the order of
publication, and in the subpoena, the court shall pass its
decree in the proceedings, in accordance with the general
equity jurisdiction and practice of the said court. The

decree shall be final and conclusive upon the defendants,

their heirs, devisees and personal representatives and they

or any of their heirs, devisees, executors, administrators,

assigns or successors in right, title or interest, and all

defendants__shall be bound by the said decree as if they had

been named in the proceedings and personally served with

process. If the court shall find for the plaintiff, the

decree shall vest in the plaintiff an absolute and

indefeasible title in fee simple in the property, free and

clear of all alienations and descents of the property

occurring prior to the decree of court as herein provided
and encumbrances thereon, except taxes accruing subsequent
to the date of sale and easements to which the property is

subject, and of which the plaintiff had actual or

constructive__notice at time of sale. If the collector sold

the property subject to a ground rent, the decree shall vest
a leasehold interest in the plaintiff. ONCE A FINAL DECREE

HAS BEEN GRANTED, THE PLAINTIFF SHALL BECOME IMMEDIATELY

LIABLE FOR THE PAYMENT OF ALL TAXES DUE AND PAYABLE
THEREAFTER. THE PLAINTIFF MAY BE SUED IN AN ACTION IN

 

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Session Laws, 1978
Volume 736, Page 2088   View pdf image
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