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Ch. 280 2005 LAWS OF MARYLAND
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(C) (1) (I) THE SECRETARY OF THE BOARD OF PUBLIC WORKS MAY FILE A
CIVIL COMPLAINT UNDER SUBSECTION (B) OF THIS SECTION, IN THE CIRCUIT COURT
FOR THE COUNTY IN WHICH OR BALTIMORE CITY WHERE THE PROPERTY IS
LOCATED, AGAINST THE OWNER OF THE PROPERTY AND ANY OTHER INTERESTED
PARTIES, INCLUDING ANY TRANSFEROR THAT THE STATE WISHES TO MAKE A PARTY.
(II) THE COMPLAINT SHALL BE FILED WITH:
1. SWORN AFFIDAVITS STATING FACTS ON WHICH THE
ALLEGATIONS OF DEFAULT ARE BASED; AND
2. A DETAILED JUSTIFICATION OF THE AMOUNT CLAIMED.
(2) IF THE CIRCUIT COURT DETERMINES FROM THE STATE'S INITIAL
FILING THAT A DEFAULT HAS OCCURRED, PENDING FULL DETERMINATION OF THE
STATE'S CLAIM, THE COURT SHALL AUTHORIZE A TEMPORARY LIEN ON THE
PROPERTY:
(I) IN THE AMOUNT OF THE STATE'S COMPLAINT PLUS ANY
ADDITIONAL AMOUNT ESTIMATED TO BE NECESSARY TO COVER THE COSTS AND
REASONABLE ATTORNEY'S FEES INCURRED BY THE STATE; OR
(II) IN OTHER AMOUNTS THAT THE COURT DETERMINES TO BE
REASONABLE.
(3) (I) A TEMPORARY LIEN SHALL TAKE EFFECT:
1. ON THE DATE OF THE COURT'S AUTHORIZATION, IF THE
SECRETARY OF THE BOARD OF PUBLIC WORKS RECORDS A NOTICE OF TEMPORARY
LIEN IN THE LAND RECORDS OF THE COUNTY IN WHICH OR BALTIMORE CITY WHERE
THE PROPERTY IS LOCATED WITHIN 10 DAYS AFTER THE COURT'S AUTHORIZATION;
OR
2. ON THE DATE A NOTICE OF TEMPORARY LIEN IS
RECORDED.
(II) WHILE THE TEMPORARY LIEN IS IN EFFECT, NEITHER THE
OWNER NOR ANY PERSON WHO ACQUIRED AN INTEREST IN THE PROPERTY AFTER
THE STATE FIRST MADE FUNDS AVAILABLE IN CONNECTION WITH THE PROPERTY
MAY, WITHOUT THE PRIOR WRITTEN CONSENT OF THE STATE:
1. TAKE ANY ACTION THAT WOULD AFFECT THE TITLE TO
THE PROPERTY; OR
2. INSTITUTE ANY PROCEEDINGS TO ENFORCE A SECURITY
INTEREST OR OTHER SIMILAR RIGHTS IN THE PROPERTY.
(4) (I) THE OWNER OF THE PROPERTY OR ANY OTHER INTERESTED
PARTY MAY OBTAIN RELEASE OF A TEMPORARY LIEN AT ANY TIME BY FILING WITH
THE COURT A BOND SECURING THE PAYMENT IN FULL OF THE STATE'S CLAIM AND
ANY ADDITIONAL AMOUNT NECESSARY TO COVER THE COSTS AND REASONABLE
ATTORNEY'S FEES INCURRED BY THE STATE.
- 1430 -
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