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Ch.3
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Martin O'Malley, Governor
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transferor, transferee, or owner from the obligation imposed under this
subtitle" is deleted as implicit.
Defined term: "Residential child care program" § 8-101
8-908. PROCEDURE FOR RECOVERY; TEMPORARY LIEN.
(A) FILING OF CIVIL ACTION.
(1) THE SECRETARY OF THE BOARD OF PUBLIC WORKS MAY FILE A CIVIL
COMPLAINT UNDER THIS SUBTITLE IN THE CIRCUIT COURT FOR THE COUNTY IN
WHICH THE PROPERTY IS LOCATED, AGAINST THE OWNER OF THE PROPERTY AND
ANY OTHER INTERESTED PARTIES, INCLUDING ANY TRANSFEROR
(2) THE COMPLAINT SHALL BE FILED WITH:
(I) AFFIDAVITS STATING FACTS ON WHICH THE ALLEGATIONS OF
DEFAULT ARE BASED; AND
(II) A DETAILED JUSTIFICATION OF THE AMOUNT CLAIMED.
(B) TEMPORARY LIEN — AUTHORIZATION; AMOUNT.
(1) IF THE COURT DETERMINES FROM THE STATE'S INITIAL FILING
THAT A DEFAULT DESCRIBED IN § 8-907(A) OF THIS SUBTITLE HAS OCCURRED, THE
COURT SHALL AUTHORIZE A TEMPORARY LIEN ON THE PROPERTY PENDING FULL
DETERMINATION OF THE STATE'S CLAIM.
(2) THE TEMPORARY LIEN SHALL BE IN THE AMOUNT OF THE STATE'S
CLAIM, PLUS ANY ADDITIONAL AMOUNT ESTIMATED TO BE NECESSARY TO COVER
THE COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY THE STATE, OR
ANOTHER AMOUNT THAT THE COURT DETERMINES TO BE REASONABLE.
(C) TEMPORARY LIEN — EFFECTIVE DATE; RESTRICTIONS ON OWNER OR
TRANSFEREE.
(1) A TEMPORARY LIEN SHALL TAKE EFFECT:
(I) ON THE DATE OF THE COURT ORDER AUTHORIZING THE LIEN,
IF THE SECRETARY OF THE BOARD OF PUBLIC WORKS RECORDS A NOTICE OF
TEMPORARY LIEN IN THE LAND RECORDS OF THE COUNTY IN WHICH THE PROPERTY
IS LOCATED WITHIN 10 DAYS AFTER THE DATE OF THE COURT ORDER; OR
(II) ON THE DATE A NOTICE OF TEMPORARY LIEN IS RECORDED.
(2) WHILE THE TEMPORARY LIEN IS EST EFFECT, THE OWNER OR ANY
PERSON WHO ACQUIRED AN INTEREST IN THE PROPERTY AFTER THE STATE FIRST
MADE FUNDS AVAILABLE IN CONNECTION WITH THE PROPERTY MAY NOT, WITHOUT
THE PRIOR WRITTEN CONSENT OF THE STATE:
(I) TAKE ANY ACTION THAT WOULD AFFECT THE TITLE TO THE
PROPERTY; OR
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- 313 -
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