Ch. 285

LAWS OF MARYLAND

(O) (P) (1) SUBJECT TO THE RIGHTS OF A LIENHOLDER TO SELL
THE REAL PROPERTY, AN OWNER OR THE OWNER'S TENANTS MAY REMAIN IN
POSSESSION OF SEIZED REAL PROPERTY UNTIL FORFEITURE IS ORDERED.

(2) THE FORFEITING AUTHORITY MAY APPLY TO THE COURT
FOR THE APPOINTMENT OF A RECEIVER TO APPLY INCOME FROM
INCOME-PRODUCING PROPERTY.

(3) IF AN OWNER OR THE OWNER'S TENANTS REMAIN IN
POSSESSION OF THE REAL PROPERTY AND THAT OTHER'S OR TENANT'S
INTEREST IN THE REAL PROPERTY IS FORFEITED, THAT OWNER OR TENANT
SHALL IMMEDIATELY SURRENDER THE PROPERTY TO THE SEIZING AGENCY IN
SUBSTANTIALLY THE SAME CONDITION AS WHEN SEIZED.

[(k) Any sums realized on any bond posted to regain
possession of the vehicle shall be applied as provided for
proceeds of sale under subsection (j)(2)(iv) of this section.]

[(l)] (P) (Q.) Any sale ordered pursuant to this section
shall be made for cash and vest in the purchaser a clear and
absolute title to the [motor vehicle] PROPERTY that is sold.

[(m) This section shall apply to any motor vehicle, as
defined in Title 11 of the Transportation Article.]

[(n)] (Q) (R) (1) A LIENHOLDER'S RIGHTS IN PROPERTY MAY NOT
BE FORFEITED UNDER THIS SECTION, UNLESS THE LIENHOLDER KNEW OR

CONSENTED IN THE VIOLATION OF THIS SUBHEADING GIVING RISE TO THE
FORFEITURE.

[(1)](2) This [subtitle] SECTION may not be
construed to prohibit a [secured party] LIENHOLDER from
exercising its rights under applicable law, including the right
to sell [a motor vehicle] PROPERTY that has been seized under
this [subtitle] SECTION, in the event of a default in the
obligation giving rise to the [security interest] LIEN.

[(2)]- (3) (i) A [secured party] LIENHOLDER
exercising the right to sell [a motor vehicle] PROPERTY that has
been seized under this [subtitle] SECTION shall notify the
[State's Attorney] FORFEITING AUTHORITY in waiting of the
[secured party's] LIENHOLDER'S intention to sell the [motor
vehicle] PROPERTY.

(ii) The notice shall be accompanied by copies
of documents giving rise to the [security interest] LIEN and
shall include an affiidavit under oath by the [secured party]
LIENHOLDER that the underlying obligation is in default and the
reasons for the default.

(iii) Upon request of the [secured party]
LIENHOLDER, the [motor vehicle] PROPERTY shall be released to the
[secured party] LIENHOLDER.

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