PARRIS N. GLENDENING, Governor

S.B. 297

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Commercial Law

16-207.

(a)     If the charges which give rise to a lien are due and unpaid for 30 days and the
lienor is in possession of the property subject to the lien, the lienor may sell the property
to which the lien attaches at public sale. The sale shall be in a location convenient and
accessible to the public and shall be held between the hours of 10 a.m. and 6 p.m.

(b)     (1) The lienor shall publish notice of the time, place, and terms of the sale
and a full description of the property to be sold once a week for the two weeks
immediately preceding the sale in one or more newspapers of general circulation in the
county where the sale is to be held.

(2) In addition, the lienor shall send the notice by registered or certified
mail at least 10 days before the sale to:

(i) The owner of the property, all holders of perfected security
interests in the property and, in the case of a sale of a motor vehicle or mobile home, the
Motor Vehicle Administration;

(ii) The person who incurred the charges which give rise to the lien, if
the address of the owner is unknown and cannot be ascertained by the exercise of
reasonable diligence; or

(iii) "General delivery" at the post office of the city or county where
the business of the lienor is located, if the address of both the owner and the person who
incurred the charges is unknown and cannot be ascertained by the exercise of reasonable
diligence.

(c)     If a motor vehicle or mobile home which is subject to a lien is delivered by the
lienor to the possession of a third party for storage, and the charges for storage are due
and unpaid for 30 days or more, the third party holder is deemed to hold a perfected
security interest in the motor vehicle or mobile home notwithstanding § 13-202 of the
Transportation Article and may sell the motor vehicle or mobile home in the same
manner as the lienor under this section if he has first published and sent notice as
required of the lienor under this subtitle.

(d)     (1) The EXCEPT AS PROVIDED IN § 13-110 OF THE TRANSPORTATION
ARTICLE, THE Motor Vehicle Administration shall issue a title, free and clear of any lien,
to the purchaser of any motor vehicle or mobile home sold under this section, IF THE
HOLDER OF THE LIEN ON THE MOTOR VEHICLE OR MOBILE HOME SUBMITS TO THE
MOTOR VEHICLE ADMINISTRATION A COMPLETED APPLICATION FOR A
CERTIFICATE OF TITLE WITH:

(I) A COPY OF THE NEWSPAPER PUBLICATION REQUIRED BY
SUBSECTION (B) OF THIS SECTION;

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