Ch. 109

LAWS OF MARYLAND

any property that is subject to the contract and is needed to
continue operation of the nursing home or community [residential]
program.

(3)  The court shall hold a hearing on a petition
under this subsection within 15 days after the petition is filed.

(4)  Notice of the petition shall be given to all
known owners of property that the petition affects:

(i) By the receiver, at least 10 days before
the hearing; or

(ii) By publication, if the receiver files with
the court a statement that:

1.  Is signed and verified by the
receiver;

2.  States that the owner of the property
cannot be found; and

3.  Sets forth a substantial account of
reasonable, good faith efforts to find the owner and serve
process.

(5)  The court shall set a rent under this subsection
in an amount that is not less than the total current payments of
principal and interest required on all mortgages and secured
transactions that:

(i) Affect the property under the contract to
be avoided; and

(ii) Cannot be avoided under this subsection.

(6)  Payment of the rent or interest rate that a court
sets under this subsection is a defense in any action against the
receiver for payment or for possession of the property. However,
the payment does not relieve the owner or operating entity of any
liability for the difference between the amount that the receiver
pays and the amount that is due under the contract.

(g) (1) A receiver is not liable for an injury to person or
property that results from the condition of the nursing home or
site of the community [residential] program.

(2) A receiver only is liable for any act or omission
that constitutes negligence in the fulfillment of the duties as
receiver.

(h) A receiver is entitled to the fee that the court finds
reasonable.

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