Maryland Financial Institutions Section 10-120

Article - Financial Institutions

§ 10-120.

      (a)      In addition to any other remedies available at law or equity, the Fund is vested with all claims and rights of the former Maryland Savings-Share Insurance Corporation against any person.

      (b)      Notwithstanding any other provision of law, in any action of the Fund as insurer, subrogee, conservator, or receiver against a shareholder, director, officer, employee, agent, or other person contributing to a loss at a member association or to enforce the terms of a net worth certificate or similar obligation:

            (1)      A judgment obtained by the Fund shall have priority over any other judgment lien on a defendant's real or personal property without need for further perfection or execution thereon;

            (2)      All attorneys' fees, costs, and expenses of the Fund for the litigation shall be assessed as part of any judgment in favor of the Fund; and

            (3)      All moneys recovered by the Fund as insurer or subrogee shall be first applied to repay any monetary advance by the State to the Fund, including any and all fees, costs, and expenses, to further the purposes of this title. Moneys so recovered shall be placed in a separate account and shall be transferred as specified under § 10-110.2 of this article. The separate account is not subject to attachment or other judicial process by any person.

      (c)      All rights, claims, and liabilities of the Fund accrue to any successor entity and, if a successor entity is not created by law, to the Department of Labor, Licensing, and Regulation.



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