Ch. 516 .

1994 LAWS OF MARYLAND .

(3) EITHER ORIGINAL OR SWORN, CERTIFIED OR PHOTOSTATIC COPIES
OF ALL MATERIAL PAPERS OR PARTS OF ANY MATERIAL PAPERS, IF ANY, WHICH
CONSTITUTE THE BASIS OF THE BROKER'S CLAIM FOR A LIEN, UNLESS THE ABSENCE
OF ANY MATERIAL PAPERS OR PARTS OF ANY MATERIAL PAPERS IS EXPLAINED IN
THE AFFIDAVIT.

(B) THE CLERK SHALL DOCKET THE PROCEEDINGS AS AN ACTION IN EQUITY,
AND ALL PROCESS SHALL ISSUE OUT OF AND ALL PLEADINGS SHALL BE FILED IN
THE ONE ACTION.

14-305.

(A) (1) WHEN A PETITION TO ESTABLISH A BROKER'S LIEN IS FILED, THE
COURT SHALL REVIEW THE PLEADINGS AND DOCUMENTS ON FILE AND, MAY
REQUIRE THE PETITIONER TO SUPPLEMENT OR EXPLAIN ANY MATTERS SET FORTH
IN THE PETITION, PLEADINGS, OR DOCUMENTS.

(2)      IF THE COURT DETERMINES THAT THE LIEN SHOULD ATTACH, IT
SHALL PASS AN ORDER THAT:

(I)       DIRECTS THE OWNER TO SHOW CAUSE WITHIN 15 DAYS FROM
THE DATE OF SERVICE ON THE OWNER OF A COPY OF THE ORDER, TOGETHER WITH
COPIES OF THE PLEADINGS AND DOCUMENTS ON FILE, WHY A BROKER'S LIEN ON
THE LIEN PROPERTY AND FOR THE AMOUNT DESCRIBED IN THE PETITION SHOULD
NOT ATTACH; AND

(II)     INFORMS THE OWNER THAT:

1.        THE OWNER MAY APPEAR AT THE TIME STATED IN THE
ORDER AND PRESENT EVIDENCE ON THE OWNER'S BEHALF OR MAY FILE A
COUNTER-AFFIDAVIT AT OR BEFORE THAT TIME; AND

2.        IF THE OWNER FAILS TO APPEAR AND PRESENT
EVIDENCE OR FILE A COUNTER-AFFIDAVIT, THE FACTS IN THE AFFIDAVIT
SUPPORTING THE PETITIONER'S CLAIM SHALL BE DEEMED ADMITTED AND A
BROKER'S LIEN MAY ATTACH TO THE LIEN PROPERTY AS DESCRIBED IN THE
PETITION.

(3)      (I) IF THE OWNER DESIRES TO CONTROVERT ANY STATEMENT OF
FACT CONTAINED IN THE AFFIDAVIT SUPPORTING THE PETITIONER'S CLAIM, THE
OWNER SHALL FILE AN AFFIDAVIT IN SUPPORT OF THE OWNER'S ANSWER SHOWING
CAUSE.

(II) THE FAILURE OF THE OWNER TO FILE AN OPPOSING
AFFIDAVIT SHALL CONSTITUTE AN ADMISSION FOR THE PURPOSES OF THE
PROCEEDINGS OF ALL STATEMENTS OF FACTS IN THE AFFIDAVIT SUPPORTING THE
PETITIONER'S CLAIM, BUT SHALL . NOT CONSTITUTE AN ADMISSION. THAT A
BROKER'S PETITION OR AFFIDAVIT IN SUPPORT OF THE BROKER'S PETITION IS
LEGALLY SUFFICIENT. .                                                                       

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