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Martin O'Malley, Governor
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Ch. 3
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of State funds under this subtitle are subject to the terms and conditions
set forth in this section", is deleted as surplusage. Similarly, the
introductory language of former Art. 41, § 18-704(c), which provided that
"[t]he allocation and use of State funds under this subtitle are subject to
the following terms and conditions" is deleted.
Defined term: "Executive Director" § 8-101
8-906. NOTICE OF STATE'S RIGHT OF RECOVERY.
(A) RECORDATION OF NOTICE.
BEFORE THE STATE MAKES ANY FUNDS AVAILABLE FOR AN APPROVED
PROJECT, THE OFFICE SHALL CAUSE A NOTICE OF THE STATE'S RIGHT OF RECOVERY
TO BE RECORDED IN THE LAND RECORDS OF THE COUNTY IN WHICH THE PROPERTY
IS LOCATED.
(B) EFFECT OF RECORDATION.
THE RECORDING OF THE NOTICE:
(1) DOES NOT CREATE A LIEN AGAINST THE PROPERTY; BUT
(2) CONSTITUTES NOTICE TO ANY POTENTIAL TRANSFEREE,
TRANSFEROR, CREDITOR, OR ANY OTHER INTERESTED PARTY OF THE POSSIBILITY
THAT THE STATE MAY OBTAIN A LIEN UNDER THIS SUBTITLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 18-706(b).
In subsection (a) of this section, the former reference to "Baltimore City" is
deleted as unnecessary in light of the definition of "county", which includes
Baltimore City.
The Human Services Article Review Committee notes, for consideration by
the General Assembly, that the General Assembly may wish to consider
clarifying who is required to file the notice under subsection (a) of this
section.
Defined term: "Office" § 8-101
8-907. STATE'S RIGHT OF RECOVERY.
(A) GROUNDS.
THE STATE MAY RECOVER GRANT FUNDS PAID UNDER THIS SUBTITLE IF,
WITHIN 30 YEARS AFTER COMPLETION OF A PROJECT, THE PROPERTY FOR WHICH
FUNDS HAVE BEEN PAID:
(1) IS SOLD OR TRANSFERRED TO A PERSON THAT:
(I) WOULD NOT QUALIFY AS AN APPLICANT UNDER THIS
SUBTITLE; OR
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- 311 -
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