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Ch. 277
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2005 LAWS OF MARYLAND
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(D) PROCEEDINGS TO DETERMINE THE STATE'S RIGHT TO RECOVER AND THE
AMOUNT OF ITS RECOVERY UNDER THIS SUBTITLE SHALL HAVE PRIORITY OVER
OTHER CIVIL PROCEEDINGS IN THE CIRCUIT COURTS.
(E) (1) (I) AT THE CONCLUSION OF FULL ADVERSARY PROCEEDINGS ON
THE ISSUE OF DEFAULT AND OF ANY DISPUTES OVER THE AMOUNT OF THE STATE'S
RECOVERY, THE CIRCUIT COURT SHALL, IF IT FINDS THAT A DEFAULT HAS
OCCURRED, ISSUE A FINAL JUDGMENT FOR THE AMOUNT IT FINDS TO BE
RECOVERABLE BY THE STATE.
(II) ALL PARTIES INVOLVED IN THE DEFAULT, INCLUDING IN
EVERY CASE THE OWNER OF THE PROPERTY, SHALL BE HELD JOINTLY AND
SEVERALLY LIABLE TO THE STATE FOR THE AMOUNT OF THE JUDGMENT.
(2) (I) EXCEPT AS THE STATE MAY OTHERWISE PROVIDE BY A
WRITTEN SUBORDINATION AGREEMENT, IF THE AMOUNT OF THE FINAL JUDGMENT
REMAINS UNPAID AFTER 30 DAYS FOLLOWING THE COURT'S FINAL ORDER, THE
FINAL JUDGMENT SHALL CONSTITUTE A LIEN ON THE PROPERTY, SUPERIOR TO THE
LIEN OR OTHER INTEREST OF A MORTGAGEE, PLEDGEE, PURCHASER, OR JUDGMENT
CREDITOR WHOSE INTEREST BECAME PERFECTED AGAINST THIRD PERSONS AFTER
THE STATE FIRST MADE FUNDS AVAILABLE UNDER THIS SUBTITLE.
(II) 1. EXCEPT AS PROVIDED IN ITEM 2 OF THIS ITEM, A LIEN
TAKES EFFECT ON THE DATE A NOTICE OF LIEN IS RECORDED.
2. A LIEN TAKES EFFECT ON THE 31ST DAY FOLLOWING THE
COURT'S FINAL ORDER IF THE SECRETARY OF THE BOARD OF PUBLIC WORKS
RECORDS A NOTICE OF LIEN IN THE LAND RECORDS OF THE COUNTY OR BALTIMORE
CITY WHERE THE PROPERTY IS LOCATED ON OR BEFORE THE 41ST DAY FOLLOWING
THE FINAL ORDER.
(III) 1. AT THE TIME THAT A LIEN TAKES EFFECT, ANY
TEMPORARY LIEN THEN IN EFFECT SHALL BE AUTOMATICALLY AND FULLY
RELEASED.
2. THE RECORDED NOTICE OF A LIEN SHALL CONSTITUTE
NOTICE OF THE RELEASE OF A TEMPORARY LIEN.
(IV) A LIEN IMPOSED UNDER THIS SUBSECTION MAY BE ENFORCED
AND FORECLOSED IN ACCORDANCE WITH THE PROCEDURES PRESCRIBED IN THE
MARYLAND RULES, EXCEPT THAT NEITHER THE STATE NOR ANY AGENT APPOINTED
BY THE STATE TO SELL THE PROPERTY NEED FILE A BOND.
(3) (I) THE OWNER OR ANY OTHER INTERESTED PARTY MAY OBTAIN
RELEASE OF A LIEN AT ANY TIME BY PAYING TO THE STATE THE FULL AMOUNT OF
THE JUDGMENT RENDERED BY THE CIRCUIT COURT, TOGETHER WITH INTEREST
FROM THE DATE OF JUDGMENT.
(II) ON PAYMENT IN FULL, THE SECRETARY OF THE BOARD OF
PUBLIC WORKS SHALL CAUSE A RELEASE TO BE RECORDED IN THE LAND RECORDS.
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- 1378 -
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