Ch. 261

1997 LAWS OF MARYLAND

(II) THE NOTICE SHALL BE ACCOMPANIED BY COPIES OF
DOCUMENTS GIVING RISE TO THE LIEN AND SHALL INCLUDE AN AFFIDAVIT UNDER
OATH BY THE LIENHOLDER THAT THE UNDERLYING OBLIGATION IS IN DEFAULT
AND THE REASONS FOR THE DEFAULT.

(III) ON REQUEST OF THE LIENHOLDER AND ON PAYMENT OF ALL
COSTS REQUIRED UNDER THIS SECTION. THE VEHICLE SHALL BE RELEASED TO THE
LIENHOLDER.

(3) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION. THE
RIGHTS AND DUTIES PROVIDED BY LAW TO THE LIENHOLDER FOR THE SALE OF
COLLATERAL SECURING AN OBLIGATION IN DEFAULT SHALL GOVERN THE
REPOSSESSION AND SALE OF THE VEHICLE

(4) (I) THE LIENHOLDER MAY NOT BE REQUIRED TO TAKE
POSSESSION OF THE VEHICLE BEFORE A SALE OF THE VEHICLE.

(II) THE PROCEEDS OF ANY SALE SHALL BE APPLIED FIRST TO THE
ACTUAL COSTS OF IMMOBILIZATION, OR TOWING. PRESERVATION, AND STORAGE
OF AN IMPOUNDED VEHICLE AND THE ACTUAL COSTS OF THE NOTICES REQUIRED
UNDER SUBSECTION (F) OF THIS SECTION. THEN AS PROVIDED BY LAW FOR
DISTRIBUTION OF PROCEEDS OF A SALE BY THE LIENHOLDER.

(5) (I) IF THE INTEREST OF THE OWNER IN THE VEHICLE IS
REDEEMED. THE LIENHOLDER SHALL WITHIN 10 DAYS AFTER THE REDEMPTION.
MAIL A NOTICE OF THE REDEMPTION TO THE PERSON WHO IMPOUNDED OR
IMMOBILIZED THE VEHICLE

(II) IF THE VEHICLE HAS BEEN REPOSSESSED OR OTHERWISE
LAWFULLY TAKEN BY THE LIENHOLDER AND THE TIME SPECIFIED BY A COURT
ORDER UNDER THIS SECTION HAS NOT EXPIRED, THE LIENHOLDER SHALL RETURN
THE VEHICLE WITHIN 21 DAYS AFTER THE REDEMPTION TO THE POLICE
DEPARTMENT WHO IMPOUNDED OR IMMOBILIZED THE VEHICLE

(D) A COURT MAY DECLINE TO ORDER THE IMPOUNDMENT OR
IMMOBILIZATION UNDER THIS SECTION OF A VEHICLE OWNED BY AN INDIVIDUAL
WHOSE DRIVER'S LICENSE WAS REVOKED OR SUSPENDED UNDER § 16-205 OF THIS
ARTICLE IF:

(1) THE VEHICLE IS JOINTLY OWNED BY THE INDIVIDUAL AND THE
INDIVIDUAL'S SPOUSE; AND

(2) THE COURT DETERMINES THAT THE VEHICLE IS THE PRIMARY
MEANS OF TRANSPORTATION AVAILABLE FOR THE USE OF THE INDIVIDUAL'S
IMMEDIATE FAMILY.

(H) THIS SECTION DOES NOT AFFECT THE REQUIREMENTS OF TITLE 25.
SUBTITLE 2 OF THIS ARTICLE REGARDING ABANDONED VEHICLES.

SECTION 2. AND BE IT FURTHER ENACTED. That if any provision of this Act
or the application thereof to any person or circumstance is held invalid for any reason in
a court of competent jurisdiction, the invalidity does not affect other provisions or any

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