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2007 Laws of Maryland
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Ch.3
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(II) INSTITUTE ANY PROCEEDINGS TO ENFORCE A SECURITY
INTEREST OR OTHER SIMILAR RIGHTS IN THE PROPERTY.
(D) TEMPORARY LIEN — RELEASE.
(1) THE OWNER OF THE PROPERTY OR ANY OTHER INTERESTED PARTY
MAY OBTAIN RELEASE OF A TEMPORARY LIEN AT ANY TIME BY FILING WITH THE
COURT A BOND SECURING THE PAYMENT IN FULL OF THE STATE'S CLAIM AND ANY
ADDITIONAL AMOUNT NECESSARY TO COVER THE COSTS AND REASONABLE
ATTORNEYS' FEES INCURRED BY THE STATE.
(2) THE OWNER OR OTHER INTERESTED PARTY MAY CAUSE THE
RELEASE TO BE RECORDED IN THE LAND RECORDS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 18-706(c).
In subsections (a)(1) and (c)(1)(i) of this section, the former references to
"Baltimore City" are deleted as unnecessary in light of the definition of
"county", which includes "Baltimore City".
In subsection (a)(1) of this section, the former reference to a transferor
"that the State wishes to make a party" is deleted as surplusage.
In subsection (a)(2)(i) of this section, the former reference to "sworn"
affidavits is deleted as surplusage.
In subsection (b)(1) of this section, the reference to a default "described in
§ 8-907(a) of this subtitle" is added for clarity.
Also in subsection (b)(1) of this section, the former reference to the "circuit"
court is deleted as unnecessary in light of subsection (a)(1) of this section,
which provides for the filing of an action in the "circuit" court.
In subsection (b)(2) of this section, the reference to the State's "claim" is
substituted for the former reference to the State's "complaint" for clarity.
In subsection (c)(1) of this section, the references to the "court order
authorizing the lien" and the "court order" are substituted for the former
references to the "court's authorization" for clarity.
Defined terms: "County" § 1-101
"Person" § 1-101
8-909. PRIORITY OF PROCEEDINGS; FINAL JUDGMENT; LIEN.
(A) PRIORITY OF PROCEEDINGS.
PROCEEDINGS TO DETERMINE THE STATE'S RIGHT TO RECOVER AND THE
AMOUNT OF ITS RECOVERY UNDER THIS SUBTITLE SHALL HAVE PRIORITY OVER
OTHER CIVIL PROCEEDINGS IN THE CIRCUIT COURTS.
(B) FINAL JUDGMENT; LIEN.
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- 314 -
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