In re WalkerAnnotate this Case
The Court of Appeals answered a certified question of law by the United States Bankruptcy Court for the District of Maryland by holding that the Maryland Contract Lien Act (MCLA), Md. Code Ann. Real Prop. 14-201 - 206, does not permit liens that secure unpaid damages, costs, charges, and fees that accrue after the recordation of the lien.
According to Appellant, if a lien complies with the procedural requirements for creation under the MCLA, the lien can secure unpaid damages arising after the recordation of the lien, and therefore, the MCLA permits continuing liens. Appellee, in turn, argued that continuing liens are prohibited by the plain language of the statute, its legislative history, and due process requirements. Specifically, Appellee argued that the MCLA prohibits any sum from being secured by a statutory lien before the property owner has the opportunity to contest the sum prior to attachment. The Court of Appeals held that the plain text, legislative history, and case law relevant to the MCLA collectively demonstrate the Legislature's intent to prohibit continuing liens.