HARRY HUGHES, Governor                                    2867

(I) IF THE OWNER OF THE SEIZED MOTOR VEHICLE DESIRES TO
OBTAIN POSSESSION THEREOF BEFORE THE HEARING ON THE PETITION
FILED AGAINST THE VEHICLE, THE CLERK OF THE COURT WHERE THE
PETITION IS FILED SHALL HAVE AN APPRAISAL MADE BY THE SHERIFF OF
THE COUNTY OR CITY IN WHICH THE COURT IS LOCATED. THE SHERIFF
SHALL PROMPTLY INSPECT AND RENDER AN APPRAISAL OF THE VALUE OF
THE VEHICLE AND RETURN THE APPRAISAL, IN WRITING, UNDER OATH, TO
THE CLERK OF THE COURT IN WHICH THE PROCEEDINGS ARE PENDING.
UPON THE FILING OF THE APPRAISAL, THE OWNER MAY GIVE BOND PAYABLE
TO THE STATE OF MARYLAND, IN AN AMOUNT EQUAL TO THE APPRAISED
VALUE OF THE VEHICLE PLUS COURT COSTS WHICH MAY ACCRUE, WITH
SECURITY TO BE APPROVED BY THE CLERK, AND CONDITIONED FOR
PERFORMANCE ON THE FINAL JUDGMENT OF THE COURT AFTER THE HEARING
ON THE PETITION, THE COURT DIRECTS THAT THE MOTOR VEHICLE OR SUCH
INTEREST OR EQUITY AS THE OWNER MAY HAVE THEREIN, BE FORFEITED,
JUDGMENT MAY THEREUPON BE ENTERED AGAINST THE OBLIGORS ON THE
BOND FOR THE PENALTY THEREOF, WITHOUT FURTHER OR OTHER
PROCEEDING, TO BE DISCHARGED BY THE PAYMENT OF THE APPRAISED
VALUE OF THE VEHICLE SO SEIZED AND FORFEITED AND COSTS, UPON
WHICH JUDGMENT EXECUTION MAY ISSUE.

[(i) If the State's attorney determines independent of the

decision of the police department, bureau or force which seized
the motor vehicle that the motor vehicle falls within the purview
of subsection (f)(2)(i), (ii) or (iii) or that the standards to
be utilized pursuant to subsection (f)(1) were not met he shall
surrender the vehicle upon request to the owner.]

(I) (J) (1) IF, AFTER A FULL HEARING, THE COURT DETERMINES
THAT THE MOTOR VEHICLE SHOULD NOT BE FORFEITED, THE COURT SHALL
ORDER THAT THE MOTOR VEHICLE BE RELEASED.

(2) (I) IF THE COURT DETERMINES THAT THE MOTOR
VEHICLE SHOULD BE FORFEITED, THE COURT SHALL ORDER THAT THE MOTOR
VEHICLE BE FORFEITED TO THE STATE.

(II) IF, HOWEVER, THE COURT DETERMINES THAT THE
FORFEITED MOTOR VEHICLE IS SUBJECT TO A BONA FIDE RECORDED
SECURITY INTEREST CREATED WITHOUT THE KNOWLEDGE THAT THE MOTOR
VEHICLE WAS BEING, OR WAS TO BE USED IN VIOLATION OF THIS
SUBTITLE, THE COURT SHALL ORDER THAT THE MOTOR VEHICLE BE
RELEASED WITHIN 5 DAYS TO THE SECURED PARTY OF RECORD.

(III) THE SECURED PARTY SHALL SELL THE MOTOR
VEHICLE IN A COMMERCIALLY REASONABLE MANNER.

(IV) THE PROCEEDS OF THE SALE SHALL BE APPLIED
AS FOLLOWS:

1. TO THE COURT COSTS OF THE FORFEITURE
PROCEEDING;

2. TO THE BALANCE DUE ON ANY LIEN THE
SECURED PARTY INCLUDING ALL REASONABLE COSTS INCIDENT TO THE
SALE;