WILLIAM DONALD SCHAEFER, Governor

Ch. 285

[(3)] (4) Except as provided in paragraph
[(4)] (5) of this subsection, the rights and duties provided
by law to the [secured party] LIENHOLDER for the sale of
collateral securing an obligation in default shall govern the
repossession and sale of the [motor vehicle] PROPERTY.

[(4)] (5) (i) The [secured party] LIENHOLDER may
not be required to take possesion of the [motor vehicle]
PROPERTY prior to the sale of the [vehicle] PROPERTY.

(ii) The proceeds of the sale shall be applied

first to the costs of the forfeiture proceeding, then as provided

by law for distribution of proceeds of a sale by the [secured
party] LIENHOLDER.

(iii) Any portion of the proceeds that would be
paid to an owner of the [vehicle] PROPERTY under the applicable
law relating to distribution of proceeds, shall be paid to the
seizing agency and shall be property subject to forfeiture. If
no order of forfeiture is entered, the State shall remit to the
owner that portion of the proceeds and any costs of the
forfeiture proceedings paid from the proceeds of the sale.

[(5)]- (6) (i) If the interest of the owner in the
[motor vehicle] PROPERTY is redeemed, the [secured party]
LIENHOLDER shall mail a notice, of the redemption to the [State's
Attorney] FORFEITING AUTHORITY within 10 days after the
redemption.

(ii) If the [motor vehicle] PROPERTY has been
repossessed OR OTHERWISE LAWFULLY TAKEN by the [secured party]
LIENHOLDER, the [secured party] LIENHOLDER shall return the
[motor vehicle] PROPERTY to the seizing agency within 21 days
after the redemption.

(iii) The seizing agency and the [State's

Attorney] FORFEITING AUTHORITY may then proceed with the
forfeiture of the [motor vehicle] PROPERTY or proceeds, and all
time limitations required under this [subtitle] SECTION for
notice and filing of the [petition] COMPLAINT for forfeiture
shall run from the date of the redemption or purchase of the
[motor vehicle] PROPERTY.

(R) (S) IN A PROCEEDING UNDER THIS SECTION, A COURT MAY:

(1) GRANT REQUESTS FOR MITIGATION OR REMISSION OF
FORFEITURE, OR TAKE ANY OTHER ACTION TO PROTECT THE RIGHTS OF
INNOCENT PERSONS WHICH IS IN THE INTEREST Of JUSTICE AND WHICH IS
NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION;--------------

(2) RESOLVE CLAIMS ARISING UNDER THIS SECTION; OR

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