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Ch. 3
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Martin O'Malley, Governor
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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 for recovery in the "circuit" court.
In subsection (c)(1)(ii) of this section, the phrase "if the Secretary fails to
record the notice within 10 days" is substituted for the former word
"otherwise" for clarity.
In subsection (d)(1) of this section, the reference to the "amount described
in subsection (b)(2) of this section" is substituted for the former reference
to the "State's claim and any additional amount necessary to cover the
costs and reasonable attorneys' fees incurred by the State" to avoid the
repetition of the specific amounts described in subsection (b)(2) of this
section.
Defined term: "County" § 1-101
9-408. 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 HAVE PRIORITY OVER OTHER
CIVIL PROCEEDINGS IN THE CIRCUIT COURT.
(B) FINAL JUDGMENT; LIEN.
(1) AFTER A FULL ADVERSARY PROCEEDING, IF THE COURT FINDS THAT
A DEFAULT DESCRIBED IN § 9-406(A) OF THIS SUBTITLE HAS OCCURRED, THE COURT
SHALL ISSUE A FINAL JUDGMENT FOR THE AMOUNT THE COURT 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 DOES NOT FIND THAT A DEFAULT DESCRIBED EM §
9-406(A) OF THIS SUBTITLE HAS OCCURRED OR IF THE COURTS JUDGMENT IS PAID IN
FULL TO THE STATE WITHIN 30 DAYS AFTER THE COURTS FESTAL 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 OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.
(4) (I) IF THE JUDGMENT REMAINS UNPAID FOR MORE THAN 30 DAYS
AFTER THE COURTS FINAL ORDER, THE AMOUNT SHALL BE A LIEN ON THE
PROPERTY.
(II) UNLESS THE STATE PROVIDES OTHERWISE IN A WRITTEN
SUBORDINATION AGREEMENT, THE LIEN IS SUPERIOR TO A LIEN OR OTHER
INTEREST OF ANY MORTGAGEE, PLEDGEE, PURCHASER, OR JUDGMENT CREDITOR
WHOSE INTEREST BECAME PERFECTED AGAINST THIRD PERSONS AFTER THE STATE
AWARDED A GRANT.
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- 385 -
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