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Session Laws, 1986
Volume 768, Page 3163   View pdf image
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HARRY HUGHES, Governor

3163

Every complaint to foreclose the right of redemption filed
against an unknown owner as described in § 14-837 of this
subtitle shall have attached to it an affidavit by the person
making the search that the owner of the property or a part of the
property is unknown, although a complete search of the records
PERFORMED IN ACCORDANCE WITH GENERALLY ACCEPTED STANDARDS OF
TITLE EXAMINATION for at least 40 years immediately before the
institution of the suit has been made.

14-839.

(a) [On the filing of the complaint, the court shall issue
a summons for each defendant named in the complaint who is a
resident of the State. Except as otherwise provided in this
subtitle, process shall be the same as in other civil actions.
The summons shall warn each defendant to appear in court on or
before a date named in the summons, which date may not be less
than 60 days from the date on which the complaint was filed, to
answer the complaint or to redeem the property and shall contain
a statement that in case of failure to appear, answer, or redeem
the property, a final order will be issued that forecloses all
rights of redemption in the property. Provided that where 2
successive summonses against a named defendant are returned non
est or on the return of 1 summons non est and proof by affidavit
that a defendant has avoided service of the summons, or that the
defendant's whereabouts are unknown, the defendant shall be
deemed to be served by the publication provided by this subtitle
as if the defendant were a nonresident.]

(1)  THE PLAINTIFF SHALL SHOW IN THE TITLE OF THE
COMPLAINT THE LAST ADDRESS KNOWN TO THE PLAINTIFF OR TO THE
ATTORNEY FILING THE COMPLAINT OF EACH DEFENDANT, AS OBTAINED
FROM:

(I)  ANY RECORDS EXAMINED AS PART OF THE TITLE
EXAMINATION;

(II)  THE TAX ROLLS OF THE COLLECTOR WHO MADE
THE SALE, AS TO THE PROPERTY DESCRIBED IN THE COMPLAINT; AND

(III)  ANY OTHER ADDRESS THAT IS KNOWN TO THE
PLAINTIFF OR THE ATTORNEY FILING THE COMPLAINT.

(2)  PARAGRAPH (1) OF THIS SUBSECTION DOES NOT REQUIRE
THE PLAINTIFF OR THE ATTORNEY FOR THE PLAINTIFF TO MAKE ANY
INVESTIGATIONS OR TO SEARCH ANY OTHER RECORDS OR SOURCES OF
INFORMATION OTHER THAN THOSE STATED.

(3)  ON THE FILING OF THE COMPLAINT, THE COURT SHALL
ISSUE A SUMMONS TO PROCURE THE ANSWER AND APPEARANCE OF ALL THE
DEFENDANTS AS IN OTHER CIVIL ACTIONS.

(4)  THIS PARAGRAPH DOES NOT APPLY IF A LAST KNOWN
ADDRESS FOR A DEFENDANT IS NOT OBTAINED AS PROVIDED UNDER
PARAGRAPHS (1) AND (2) OF THIS SUBSECTION. THE PLAINTIFF SHALL

 

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Session Laws, 1986
Volume 768, Page 3163   View pdf image
 Jump to  
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