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Martin O'Malley, Governor
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Ch.3
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Defined terms: "County" § 1-101
"Program" § 10-501
10-509. 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 THE PROGRAM HAVE PRIORITY OVER OTHER
CIVIL PROCEEDINGS IN THE CIRCUIT COURT.
(B) FINAL JUDGMENT; LIENS.
(1) AFTER A FULL ADVERSARY PROCEEDING, IF THE COURT FINDS THAT
A DEFAULT DESCRIBED IN § 10-507(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 FENDS THAT A DEFAULT DESCRIBED IN § 10-507(A) OF
THIS SUBTITLE HAS NOT OCCURRED OR IF THE COURT'S JUDGMENT IS PAID IN FULL
TO THE STATE WITHIN 30 DAYS AFTER THE COURT'S FINAL 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 COURT'S 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.
(C) EFFECTIVE DATE OF LIEN; NOTICE.
(1) A LIEN ISSUED UNDER THIS SECTION TAKES EFFECT ON THE LATER
OF:
(I) THE 31ST DAY AFTER THE COURTS 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 THAT DAY; 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.
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- 541 -
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