Ch. 125

LAWS OF MARYLAND

allegations of default are based, as well as a detailed
justification of the amount claimed.

1.   If the circuit court determines from the
State's initial filing that there is probable cause to believe
that a default has occurred, the court shall authorize a
temporary lien on the property in the amount of the State's claim
(plus any additional amount estimated to be necessary to cover
the costs and reasonable attorneys' fees incurred by the State)
or in such other amount as the court determines to be reasonable,
pending full determination of the State's claim.

2.  The temporary lien shall take effect on the
date of the court's authorization if the Secretary of the Board
of Public Works records a notice of temporary lien in the land
records of the county or Baltimore City in which the property is
located within 10 days thereafter; otherwise, the temporary lien
shall take effect on the date a notice of temporary lien is
recorded. While the temporary lien is in effect, neither the
owner nor any person who acquired an interest in the property
after the State first made funds available in connection with the
property under this Act may take any action that would affect the
title to the property or institute any proceedings to enforce a
security interest or other similar rights in the property,
without the prior written consent of the State.

3.  The owner of the property or any other
interested party may obtain release of this temporary lien at any
time by filing with the court a bond securing the payment in full
of the State's claim and any additional amount necessary to cover
the costs and reasonable attorneys' fees incurred by the State.
The owner or other interested party may cause the release to be
recorded in the land records.

(iv) 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.

1. 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.

- 1876 -