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2007 Laws of Maryland
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Ch. 3
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(I) ON THE DATE OF THE COURT ORDER AUTHORIZING THE LIEN
IF, WITHIN 10 DAYS, 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; OR
(II) IF THE SECRETARY FAILS TO RECORD THE NOTICE WITHIN 10
DAYS, ON THE DATE THE NOTICE OF TEMPORARY LIEN IS RECORDED.
(2) WHILE THE TEMPORARY LIEN IS IN EFFECT, THE OWNER OR ANY
PERSON WHO ACQUIRED AN INTEREST IN THE PROPERTY AFTER THE STATE FIRST
MADE FUNDS AVAILABLE UNDER THIS SUBTITLE MAY NOT TAKE AN ACTION THAT
WOULD AFFECT THE TITLE TO THE PROPERTY OR INSTITUTE PROCEEDINGS TO
ENFORCE A SECURITY INTEREST OR OTHER SIMILAR RIGHTS IN THE PROPERTY,
WITHOUT THE PRIOR WRITTEN CONSENT OF THE STATE.
(D) TEMPORARY LIEN — RELEASE BY BOND.
(1) THE OWNER OR ANY OTHER INTERESTED PARTY MAY OBTAIN
RELEASE OF THE TEMPORARY LIEN AT ANY TIME BY FILING WITH THE COURT A
BOND SECURING THE PAYMENT IN FULL OF THE AMOUNT DESCRIBED IN
SUBSECTION (B)(2) OF THIS SECTION.
(2) THE OWNER OR OTHER INTERESTED PARTY MAY CAUSE THE
RELEASE TO BE RECORDED IN THE LAND RECORDS OF THE COUNTY IN WHICH THE
PROPERTY IS LOCATED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 83C, § 4-106(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 the City of Baltimore.
In subsection (a)(1) of this section, the reference to "a default described in
§ 9-406(a) of this subtitle" is substituted for the former reference to "the
event of an alleged sale or transfer as described above or in the event that
a property is alleged to have ceased to be a facility as defined in this title"
for brevity and clarity.
Also in subsection (a)(1) of this section, the reference to a "civil action" is
substituted for the former reference to a "claim ... styled as a civil action"
for brevity.
Also 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) of this section, the former reference to "sworn"
affidavits is deleted as redundant.
In subsection (b)(1) of this section, the reference to a default "described in
§ 9-406(a) of this subtitle" is added for clarity and consistency.
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- 384 -
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