WILLIAM DONALD SCHAEFER, Governor

(iii) New or affirmative matter alleged in the
answer shall be deemed denied or avoided by the petitioner
without the need of any replication, unless the court shall order
otherwise.

(6) (i) When all of the registered owners or secured
parties or both have answered or are in default, the case shall
be assigned for trial.

(ii) The court shall set the case for trial not
less than 30 nor more than 60 days thereafter.

(III) IF A PARTY FAILS TO FILE A TIMELY ANSWER
TO THE PETITION, THE COURT MAY ORDER FORFEITURE OF THE PROPERTY
INTEREST OF THAT PARTY IN THE VEHICLE WITHOUT A HEARING.

(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 FIRST PRIORITY 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:

proceeding;

1. To the court costs of the forfeiture

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.

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