Ch. 285

LAWS OF MARYLAND

(4) SEIZURE OF REAL PROPERTY OCCURS WHEN A COMPLAINT
FOR FORFEITURE UNDER THIS SUBTITLE IS FILED OR LIS PENDENS IS
FILED IN THE CIRCUIT COURT OF THE JURISDICTION WHERE THE PROPERTY
IS LOCATED, WHICHEVER OCCURS FIRST.

(5) UNLESS AGREED TO BY THE FORFEITING AUTHORITY OR
ORDERED BY THE COURT, OR UNLESS THE OWNER POSTS A BOND UNDER
SUBSECTION (N) (O) OF THIS SECTION, AN OWNER MAY NOT ATTEMPT TO
CONVEY OR ENCUMBER AN INTEREST IN SEIZED REAL PROPERTY, OR REMOVE
A BUILDING OR FIXTURE ON SEIZED PROPERTY UNTIL THE COURT ENTERS
JUDGMENT IN FAVOR OF THE OWNER.

(N) (1) IF AN OWNER OF REAL PROPERTY USED AS THE PRINCIPAL
FAMILY RESIDENCE IS CONVICTED OF A VIOLATION UNDER ARTICLE 21, §
286, § 286A, § 286B, OR § 286C OF THE CODE, OR ARTICLE 21, § 290
OF THE CODE IN RELATION TO THESE OFFENSES, AND THE OWNER FILES AN
APPEAL OF THE CONVICTION, THE COURT SHALL STAY, DURING THE
PENDENCY OF THE APPEAL, ANY FORFEITURE PROCEEDINGS UNDER
SUBSECTION (L)(2) OR SUBSECTION (M)(2) OF THIS SECTION AGAINST
REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE.

(2) A COURT MAY ORDER A FORFEITURE OF REAL PROPERTY
USED AS THE PRINCIPAL FAMILY RESIDENCE UNDER SUBSECTION (L)(2) OR
SUBSECTION (M)(2) OF THIS SECTION WITHOUT A CONVICTION IT THE
OWNER:

II) FAILS TO APPEAR FOR A REQUIRED COURT
APPEARANCE; AND

(II) DOES NOT SURRENDER TO THE JURISDICTION OF
THE COURT WITHIN 180 DAYS OF THE DATE OF THE REQUIRED COURT
APPEARANCE.

(N) (O) (1) EXCEPT AS PROVIDED IN SUBSECTION (M)(4) AND (O)
SUBSECTION (M)(4) AND (P) OF THIS SECTION, IF AN OWNER OF SEIZED
PROPERTY WANTS TO OBTAIN POSSESSION OF THE PROPERTY, REGARDLESS
OF WHETHER FORFEITURE PROCEEDINGS HAVE BEEN COMMENCED, OR TO
CONVEY AN INTEREST IN REAL PROPERTY, OR REMOVE A BUILDING OR
FIXTURE ON REAL PROPERTY, WHERE FORFEITURE PROCEEDINGS HAVE SEEN
COMMENCED AGAINST THE REAL PROPERTY, THE OWNER SHALL NOTIFY:

(I) IF FORFEITURE PROCEEDINGS HAVE BEEN
COMMENCED, THE CLERK OF THE COURT WHERE THE PROCEEDINGS HAVE BEEN
COMMENCED;----------------------------------------------------------

(II) IF CRIMINAL PROCEEDINGS HAVE BEEN
COMMENCED BUT FORFEITURE PROCEEDINGS HAVE NOT, THE CLERK OF THE
COURT WHERE THE CRIMINAL PROCEEDINGS HAVE BEEN COMMENCED; OR

(III) IF NEITHER FORFEITURE NOR CRIMINAL
PROCEEDINGS HAVE BEEN COMMENCED, THE CLERK OF THE CIRCUIT COURT
OF THE JURISDICTION WHERE THE PROPERTY WAS SEIZED.----------------

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