Ch. 299

LAWS OF MARYLAND

(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
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 the lien or other interest of any mortgagee,
pledgee, purchaser, or judgment creditor whose interest became
perfected against third persons after the State first made funds
available in connection with the property under this Act.

(ii) This lien takes 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 property is located on
or before the 41st day following the final order; otherwise, the
lien takes effect on the date a notice of lien is recorded. At
the time this lien takes effect, any temporary lien then in
effect shall be automatically and fully released, and the
recorded notice of this lien shall constitute notice of the
release of the temporary lien.

(iii) This lien may be enforced and foreclosed
in accordance with the procedures prescribed in Rule W71 through
W76 of the Maryland Rules, except that neither the State nor any
agent appointed by the State to sell the property need file a
bond.

(iv) The owner or any other interested party
may obtain release of this lien at any time by paying to the
State the full amount of the judgment rendered by the circuit
court, together with interest from the date of judgment. On
payment in full, the Secretary of the Board of Public Works shall
cause a release to be recorded in the land records.

(v) If the circuit court finds that there has
been no default or if the full amount of the court's judgment is
paid to the State within 30 days after the court's final order,
any temporary lien then in effect shall be released immediately
and the Secretary of the Board of Public Works shall cause the
release to be recorded in the land records.

(d)  All funds recovered as a result of this right of
recovery shall be deposited in the Annuity Bond Fund and applied

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