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Ch. 285 LAWS OF MARYLAND
recorded security interest] VALID LIEN created without the
ACTUAL knowledge that the [motor vehicle] PROPERTY was being, or
was to be used in violation of this [subtitle] SUBHEADING, the
court shall order that the [motor vehicle] PROPERTY be released
within 5 days to the first priority [secured party of record]
LIENHOLDER. ----------
(iii) The [secured party] LIENHOLDER shall sell
the [motor vehicle] PROPERTY 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]
LIENHOLDER including all reasonable costs incident to the sale;
3. To payment of all other expenses of
the proceedings for forfeitture, 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]
PROPERTY.
(L) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, WHEN THE STATE ESTABLISHES BY CLEAR AND CONVINCING
EVIDENCE THAT A PERSON HAS COMMITTED A VIOLATION OF ARTICLE 27, §
286, § 286A, § 286B, OR § 286C OF THE CODE, OR ARTICLE 21, § 290
OF THE CODE IN RELATION TO THESE OFFENSES, THERE IS A REBUTTABLE
PRESUMPTION—THAT ANY PROPERTY OR ANY PORTION THEREOF IN WHICH
THAT PERSON HAS AN OWNERSHIP INTEREST IS SUBJECT TO FORFEITURE AS
PROCEEDS IF THE STATE ESTABLISHES BY CLEAR AND CONVINCING
EVIDENCE THAT:
(I) THE PROPERTY WAS ACQUIRED BY SUCH PERSON
DURING THE PERIOD IN WHICH SUCH PERSON HAD COMMITTED VIOLATIONS
OF ARTICLE 27, § 286, § 286A, § 286B, OR § 286C OF THE CODE, OR
ARTICLE 27, § 290 OF THE CODE IN RELATION TO THESE OFFENSES, OR
WITHIN A REASONABLE TIME AFTER SUCH PERIOD; AND
(II) THERE WAS NO LIKELY SOURCE FOR SUCH
PROPERTY OTHER THAN THE VIOLATION OF ARTICLE 27, § 286, § 286A, §
286B, OR § 286C OF THE CODE, OR ARTICLE 27, § 290 OF THE CODE IN
RELATION TO THESE OFFENSES.
(2) EXCEPT AS PROVIDED IN SUBSECTION (N)(2) OF THIS
SECTION, REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE MAY
NOT BE FORFEITED UNDER THIS SUBSECTION UNLESS IT IS SHOWN THAT
ONE OF THE OWNERS OF THE REAL PROPERTY WAS CONVICTED OF ONE OR
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