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ROBERT L. EHRLICH, JR., Governor
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S.B. 716
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(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 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
ATTORNEYS' FEES INCURRED BY THE STATE.
(II) THE OWNER OR OTHER INTERESTED PARTY MAY CAUSE THE
RELEASE TO BE RECORDED IN THE LAND RECORDS.
(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.
- 3817 -
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