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Session Laws, 2004
Volume 801, Page 629   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 147

amount of the judgment. This amount, if it remains unpaid after the expiration of 30
days following the court's final order, shall be a lien on the property, superior (except
as the State may by written subordination agreement provide otherwise) to the lien or
other interest of any mortgagee, pledgee, purchaser, or judgment creditor whose
interest became perfected against third persons after the State first made funds
available in connection with the property under this subtitle.

(3)     This lien takes effect on the 31st day following the court's final order
if the State records a notice of lien in the land records of the county or Baltimore City
in which the property is located on or before the 41st day following the final order;
otherwise, the lien takes effect on the date a notice of lien is recorded. At the time this
lien takes effect, any temporary lien then in effect shall be automatically and fully
released, and the recorded notice of this lien shall constitute notice of the release of
the temporary lien.

(4)     This lien may be enforced and foreclosed in accordance with the
procedures prescribed in the Maryland Rules, except that neither the State nor any
agent appointed by the State to sell the property need file a bond.

(5)     The owner or any other interested party may obtain release of this
lien at any time by paying the State the full amount of the judgment rendered by the
circuit court, together with interest from the date of judgment. On payment in full,
the State shall cause a release to be recorded in the land records.

(6)     If the circuit court finds that there has been no default or if the full
amount of the court's judgment is paid to the State within 30 days after the court's
final order, any temporary lien then in effect shall be released immediately and the
State shall cause a release to be recorded in the land records.

(g) (1) All funds recovered as a result of the State's right of recovery shall be
deposited in the Annuity Bond Fund and applied to the debt service requirements of
the State.

(2) The Board of Public Works may waive the State's right of recovery if
the Board determines that there is good cause for releasing the transferor, transferee,
or owner from this obligation.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved April 27, 2004.

CHAPTER 147
(Senate Bill 883)

AN ACT concerning

Correctional Services - Standards for Correctional Facilities - Victim

Notification and Restitution

- 629 -

 

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Session Laws, 2004
Volume 801, Page 629   View pdf image
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