2013 Maryland Code
HUMAN SERVICES
§ 8-908 - Procedure for recovery; temporary lien
§8-908.
(a) (1) The Secretary of the Board of Public Works may file a civil complaint under this subtitle in the circuit court for the county in which the property is located, against the owner of the property and any other interested parties, including any transferor.
(2) The complaint shall be filed with:
(i) affidavits stating facts on which the allegations of default are based; and
(ii) a detailed justification of the amount claimed.
(b) (1) If the court determines from the State’s initial filing that a default described in § 8-907(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 to be reasonable.
(c) (1) A temporary lien shall take effect:
(i) on the date of the court order authorizing the lien, if 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 within 10 days after the date of the court order; or
(ii) on the date a 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 in connection with the property may not, without the prior written consent of the State:
(i) take any action that would affect the title to the property; or
(ii) institute any proceedings to enforce a security interest or other similar rights in the property.
(d) (1) The owner of the property or any other interested party may obtain release of a temporary lien at any time by filing with the court a bond securing the payment in full of the State’s claim and any additional amount necessary to cover the costs and reasonable attorneys’ fees incurred by the State.
(2) The owner or other interested party may cause the release to be recorded in the land records.
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