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Martin O'Malley, Governor
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Ch.3
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Defined terms: "Cost" § 10-501
"Grant" § 10-501
"Program" § 10-501
"Project" § 10-501
"Senior citizen activities center" § 10-501
10-508. PROCEDURE FOR RECOVERY; TEMPORARY LIEN.
(A) FILING OF CIVIL ACTION.
(1) IF A DEFAULT DESCRIBED IN § 10-507(A) OF THIS SUBTITLE IS
ALLEGED, THE SECRETARY OF THE BOARD OF PUBLIC WORKS MAY FILE A CIVIL
ACTION UNDER THIS PART 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 THAT THE STATE WISHES TO
MAKE A PARTY.
(2) THE INITIAL FILING SHALL INCLUDE SWORN 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 §
10-507(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:
(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 THE PROGRAM MAY NOT TAKE AN ACTION THAT
WOULD AFFECT THE TITLE TO THE PROPERTY OR INSTITUTE PROCEEDINGS TO
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- 539 -
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