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Ch.3
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Martin O'Malley, Governor
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(1) AT THE CONCLUSION OF FULL ADVERSARY PROCEEDINGS ON THE
ISSUE OF DEFAULT AND OF ANY DISPUTES OVER THE AMOUNT OF THE STATE'S
RECOVERY, IF THE COURT FINDS THAT A DEFAULT DESCRIBED IN § 8-907(A) OF THIS
SUBTITLE HAS OCCURRED, THE COURT SHALL ISSUE A FINAL JUDGMENT FOR THE
AMOUNT IT FINDS TO BE RECOVERABLE BY THE STATE.
(2) ALL PARTIES INVOLVED IN THE DEFAULT, INCLUDING THE OWNER
OF THE PROPERTY, SHALL BE HELD JOINTLY AND SEVERALLY LIABLE TO THE STATE
FOR THE AMOUNT OF THE JUDGMENT.
(3) IF THE COURT FINDS THAT A DEFAULT DESCRIBED IN § 8-907(A) OF
THIS SUBTITLE HAS NOT OCCURRED 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 SHALL BE RELEASED IMMEDIATELY AND THE
SECRETARY OF THE BOARD OF PUBLIC WORKS SHALL CAUSE THE RELEASE TO BE
RECORDED IN THE LAND RECORDS.
(4) (I) IF THE AMOUNT OF THE FINAL JUDGMENT REMAINS UNPAID
AFTER 30 DAYS FOLLOWING THE COURTS FINAL ORDER, THE FINAL JUDGMENT
SHALL CONSTITUTE A LIEN ON THE PROPERTY.
(II) EXCEPT AS THE STATE MAY OTHERWISE PROVIDE BY A
WRITTEN SUBORDINATION AGREEMENT, THE LIEN IS SUPERIOR TO THE LIEN OR
OTHER INTEREST OF A MORTGAGEE, PLEDGEE, PURCHASER OR JUDGMENT
CREDITOR WHOSE INTEREST BECAME PERFECTED AGAINST THIRD PERSONS AFTER
THE STATE FIRST MADE FUNDS AVAILABLE UNDER THIS SUBTITLE.
(C) EFFECTIVE DATE OF LIEN; RELEASE OF TEMPORARY LIEN.
(1) A LIEN TAKES EFFECT ON THE LATER OF:
(I) THE 31ST DAY AFTER THE COURTS FINAL ORDER IF THE
SECRETARY OF THE BOARD OF PUBLIC WORKS RECORDS A NOTICE OF LIEN IN THE
LAND RECORDS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED ON OR
BEFORE THE 41ST DAY AFTER THE FINAL ORDER; OR
(II) THE DATE A NOTICE OF LIEN IS RECORDED.
(2) (I) WHEN A LIEN TAKES EFFECT, ANY TEMPORARY LIEN IS
AUTOMATICALLY AND FULLY RELEASED.
(II) THE RECORDED NOTICE OF A LIEN CONSTITUTES NOTICE OF
THE RELEASE OF A TEMPORARY LIEN.
(D) ENFORCEMENT AND FORECLOSURE OF LIEN.
A LIEN IMPOSED UNDER THIS SECTION MAY BE ENFORCED AND FORECLOSED
IN ACCORDANCE WITH THE MARYLAND RULES, EXCEPT THAT THE STATE OR ANY
AGENT APPOINTED BY THE STATE TO SELL THE PROPERTY DOES NOT NEED TO FILE
A BOND.
(E) RELEASE OF LIEN.
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- 315 -
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