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Ch. 3
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Martin O'Malley, Governor
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to "grant funds paid under this subtitle" is added for clarity.
Also in the introductory language of subsection (a) of this section, the
reference to the "project property" is substituted for the former reference to
a "juvenile program, with respect to which funds have been paid under this
title" for clarity and consistency.
In subsection (a)(1) of this section, the former reference to an "agency, or
organization" is deleted as included in the reference to a "person".
In subsection (c)(1) of this section, the reference to the "project property" is
substituted for the former reference to "so much of the property as
constituted an approved project" for brevity.
Also in subsection (c)(1) of this section, the reference to the value "at the
time of recovery" is substituted for the former reference to the "then
current" value for clarity.
Defined terms: "Juvenile facility" § 9-401
"Person" § 1-101
9-407. PROCEDURE FOR RECOVERY; TEMPORARY LIEN.
(A) FILING OF CIVIL ACTION.
(1) IF A DEFAULT DESCRIBED IN § 9-406(A) OF THIS SUBTITLE IS
ALLEGED, THE SECRETARY OF THE BOARD OF PUBLIC WORKS MAY FILE A CIVIL
ACTION UNDER THIS SUBTITLE IN THE CIRCUIT COURT OF THE COUNTY IN WHICH
THE PROPERTY IS LOCATED AGAINST THE OWNER OF THE PROPERTY AND ANY
OTHER INTERESTED PARTIES, INCLUDING ANY TRANSFEROR
(2) THE INITIAL FILING SHALL INCLUDE AFFIDAVITS STATING FACTS
ON WHICH THE ALLEGATIONS OF DEFAULT ARE BASED AND A DETAILED
JUSTIFICATION OF THE AMOUNT CLAIMED.
(B) TEMPORARY LIEN — AUTHORIZATION.
(1) IF THE COURT DETERMINES FROM THE STATE'S INITIAL FILING
THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT A DEFAULT DESCRIBED IN §
9-406(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 IS REASONABLE.
(C) TEMPORARY LIEN — EFFECTIVE DATE; RIGHTS OF OWNER OR
TRANSFEREE.
(1) THE TEMPORARY LIEN TAKES EFFECT:
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- 383 -
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