WILLIAM DONALD SCHAEFER, Governor                    Ch. 743

the appraised value of the vehicle so seized and forfeited and
costs, upon which judgment execution may issue. The bond
authorized in this subsection shall be filed in the District
Court or circuit court where the criminal action that gave rise
to the seizure is pending and shall be part of that same criminal
proceeding, unless a petition for forfeiture has been filed.
However, if no criminal action is pending or if no forfeiture
petition has been filed, the bond shall be filed in the circuit
court or District Court where the vehicle was seized.

(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 the secured party
including all reasonable costs incident to the sale;

3.  To payment of all other expenses of
the proceedings for forfeiture, including expenses of seizure, or
maintenance of custody; and

4.  To the general funds of the State or
the political subdivision that seized the motor vehicle.

(k) Any sums realized on any bond posted to regain
possession of the vehicle shall be applied as provided for
proceeds of sale under subsection (j)(2)(iv) of this section.

(1) Any sale ordered pursuant to this section shall be made
for cash and vest in the purchaser a clear and absolute title to
the motor vehicle that is sold.

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