HARRY HUGHES, Governor

2271

(b)   In the event of an alleged sale or transfer as
described above, or in the event that a property is alleged to
have ceased to be a "facility" as defined in this Act, the
Secretary of the Board of Public Works may file, in the circuit
court for the county or Baltimore City in which the property is
located, a claim under this Act (styled as a civil action against
the owner of the property and any other interested parties,
including any transferor that the State wishes to make a party,
together with sworn affidavits stating facts on which the
allegations of default are based, as well as a detailed
justification of the amount claimed.

(i) If the circuit court determines from the
State's initial filing that there is probable cause to believe
that a default has occurred, the court shall authorize a
temporary lien on the property, in the amount of the State's
claim (plus any additional amount estimated to be necessary to
cover the costs and reasonable attorneys' fees incurred by the
State) or in such other amount as the court determines to be
reasonable, pending full determination of the State's claim.

(ii) The temporary lien shall take effect 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 in which the
property is located within 10 days thereafter; otherwise, the
temporary lien takes effect on the date a notice of temporary
lien is recorded. 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 under this Act may
take any action that would affect the title to the property or
institute any proceedings to enforce a security interest or other
similar rights in the property without the prior written consent
of the State.

(iii) The owner of the property or any other
interested party may obtain release of this 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.
The owner or other interested party may cause the release to be
recorded in the land records.

(c)  Proceedings to determine the State's right to
recover and the amount of its recovery under this Act shall have
priority over other civil proceedings in the circuit courts.

(i) At the conclusion of full adversary
proceedings on the issue of default and on 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. 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