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Ch.3
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2007 Laws of Maryland
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(C) EFFECTIVE DATE OF LIEN; NOTICE.
(1) A LIEN UNDER THIS SECTION TAKES EFFECT ON THE LATER OF:
(I) THE 31ST DAY AFTER THE COURT'S 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 THE LIEN TAKES EFFECT, ANY TEMPORARY LIEN IS
AUTOMATICALLY AND FULLY RELEASED.
(II) THE RECORDED NOTICE OF THE LIEN CONSTITUTES NOTICE OF
THE RELEASE OF THE TEMPORARY LIEN.
(D) ENFORCEMENT AND FORECLOSURE OF LIEN.
A LIEN 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.
(1) THE OWNER OR ANY OTHER INTERESTED PARTY MAY OBTAIN
RELEASE OF A LIEN UNDER THIS SECTION BY PAYING TO THE STATE THE FULL
AMOUNT OF THE JUDGMENT ENTERED BY THE CIRCUIT COURT, AND ANY INTEREST
THAT HAS ACCRUED FROM THE DATE OF JUDGMENT.
(2) ON PAYMENT FN FULL, THE SECRETARY OF THE BOARD OF PUBLIC
WORKS SHALL CAUSE A 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(d).
In subsection (b)(1) and (3) of this section, the references to a default
"described in § 9-406(a) of this subtitle" are added for clarity and
consistency within this subtitle.
Also in subsection (b)(1) and (3) of this section, the former references to the
"circuit" court are deleted as unnecessary in light of § 9-407(a)(1) of this
subtitle, which provides for the filing of an action for recovery in the
"circuit" court.
In subsection (b)(1) of this section, the former reference to "proceedings on
the issue of default and on any disputes over the amount of the State's
recovery" is deleted as implicit in the reference to "full adversary
proceedings".
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