HARRY HUGHES, Governor 2571
1. 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.
2. 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 facility is located
within 10 days of the court's authorization, the temporary lien
shall take effect on the date of the court's authorization;
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.
3. The owner of the property 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 may cause the
release to be recorded in the land records.
(iv) 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.
1. 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 had 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
for the amount of the judgment. This amount, if it remains
unpaid after the expiration of 30 days following the court's
final order, shall be a lien on the property, superior (except as
the State may by written subordination agreement provide
otherwise) to that of any mortgagee, pledgee, purchaser, or
judgment creditor whose lien became perfected against third
persons after the State first make funds available under this
Act.
2. The lien shall take 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 in which the facility is located on
or before the 41st day following the final order; otherwise, the
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