2013 Maryland Code
HUMAN SERVICES
§ 8-909 - Priority of proceedings; final judgment; lien

§8-909.

(a) Proceedings to determine the State’s right to recover and the amount of its recovery under this subtitle shall have priority over other civil proceedings in the circuit courts.

(b) (1) At the conclusion of full adversary proceedings on the issue of default and of any disputes over the amount of the State’s recovery, if the court finds that a default described in § 8-907(a) of this subtitle has occurred, the court shall issue a final judgment for the amount it 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 finds that a default described in § 8-907(a) of this subtitle has not occurred or if the full amount of the court’s judgment is paid 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.

(4) (i) If the amount of the final judgment remains unpaid after 30 days following the court’s final order, the final judgment shall constitute a lien on the property.

(ii) Except as the State may otherwise provide by a written subordination agreement, the lien is superior to the lien or other interest of a mortgagee, pledgee, purchaser, or judgment creditor whose interest became perfected against third persons after the State first made funds available under this subtitle.

(c) (1) A lien 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 a lien takes effect, any temporary lien is automatically and fully released.

(ii) The recorded notice of a lien constitutes notice of the release of a temporary lien.

(d) A lien imposed 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) (1) The owner or any other interested party may obtain release of a lien at any time by paying to the State the full amount of the judgment entered by the circuit court, together with interest from the date of judgment.

(2) On payment in full, the Secretary of the Board of Public Works shall cause a release to be recorded in the land records.