Maryland 2022 Regular Session

Maryland House Bill HB777 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 401
2	1
3		-	– 1 –
4		-	Chapter 401
5		-	(House Bill 777)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	hb0777
8	9
9		-	Real Property – Partition of Property
	10	+	HOUSE BILL 777
	11	+	N1, N2 2lr0783
	12	+	CF SB 92
	13	+	By: Delegates Rosenberg and Stein
	14	+	Introduced and read first time: February 3, 2022
	15	+	Assigned to: Environment and Transportation and Judiciary
	16	+	Committee Report: Favorable
	17	+	House action: Adopted
	18	+	Read second time: March 7, 2022
10	19
11		-	FOR the purpose of requiring the court in an action to partition real property to determine
12		-	the market value of the property unless the court makes certain determinations;
13		-	establishing procedures for the purchase of interests in real property by cotenants,
14		-	for the partition in kind of real property among cotenants, and for the partition by
15		-	sale of real property on the open market by a real estate broker licensed in this State;
16		-	and generally relating to the partition of real property.
	20	+	CHAPTER ______
17	21
18		-	BY repealing and reenacting, with amendments,
19		-	Article – Estates and Trusts
20		-	Section 9–107
21		-	Annotated Code of Maryland
22		-	(2017 Replacement Volume and 2021 Supplement)
	22	+	AN ACT concerning 1
23	23
24		-	BY repealing
25		-	Article – Real Property
26		-	Section 14–107
27		-	Annotated Code of Maryland
28		-	(2015 Replacement Volume and 2021 Supplement)
	24	+	Real Property – Partition of Property 2
29	25
30		-	~~BY adding~~ to
31		-	~~Article – Real~~ Property
32		-	~~Section 14–701 through 14–713 to be under~~ the ~~new subtitle “Subtitle 7. Partition~~ of
33		-	Real Property”
34		-	~~Annotated Code~~ of ~~Maryland~~
35		-	~~(2015 Replacement Volume~~ and ~~2021 Supplement)~~
	26	+	FOR the purpose of requiring the court in an action to partition real property to determine 3
	27	+	the market value of the property unless the court makes certain determinations; 4
	28	+	establishing procedures for the purchase of interests in real property by cotenants, 5
	29	+	for the partition in kind of real property among cotenants, and for the partition by 6
	30	+	sale of real property on the open market by a real estate broker licensed in this State; 7
	31	+	and generally relating to the partition of real property. 8
36	32
37		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38		-	That the Laws of Maryland read as follows:
	33	+	BY repealing and reenacting, with amendments, 9
	34	+	Article – Estates and Trusts 10
	35	+	Section 9–107 11
	36	+	Annotated Code of Maryland 12
	37	+	(2017 Replacement Volume and 2021 Supplement) 13
39	38
40		-	Article – Estates and Trusts
	39	+	BY repealing 14
	40	+	Article – Real Property 15
	41	+	Section 14–107 16
	42	+	Annotated Code of Maryland 17
	43	+	(2015 Replacement Volume and 2021 Supplement) 18
41	44
42		-	9–107.
	45	+	BY adding to 19
	46	+	Article – Real Property 20
	47	+	Section 14–701 through 14–713 to be under the new subtitle “Subtitle 7. Partition of 21
	48	+	Real Property” 22 2 HOUSE BILL 777
43	49
44		-	(a) (1) When two or more heirs or legatees are entitled to distribution of
45		-	undivided interests in property of the estate, the personal representative or one or more of
46		-	the heirs or legatees may petition the court before the formal or informal closing of the
47		-	estate, to make partition.
48		-	Ch. 401 2022 LAWS OF MARYLAND
49	50
50		-	– 2 –
51		-	(2) After notice to the interested heirs or legatees AND SUBJECT TO THE
52		-	REQUIREMENTS OF TITLE 14, SUBTITLE 7 OF THE REAL PROPERTY ARTICLE, the
53		-	court shall partition the property in the same manner as provided by law for civil actions
54		-	of partition.
	51	+	Annotated Code of Maryland 1
	52	+	(2015 Replacement Volume and 2021 Supplement) 2
55	53
56		-	(b) The court may direct the personal representative to sell property which cannot
57		-	be partitioned without prejudice to the owners and cannot conveniently be allotted to one
58		-	party.
	54	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
	55	+	That the Laws of Maryland read as follows: 4
59	56
60		-	Article – ~~Real Property~~
	57	+	Article – Estates and Trusts 5
61	58
62		-	~~[14~~–107.
	59	+	9–107. 6
63	60
64		-	(a) A circuit court may decree a partition of any property, either legal or equitable,
65		-	on the bill or petition of any joint tenant, tenant in common, parcener, or concurrent owner,
66		-	whether claiming by descent or purchase. If it appears that the property cannot be divided
67		-	without loss or injury to the parties interested, the court may decree its sale and divide the
68		-	money resulting from the sale among the parties according to their respective rights. The
69		-	right to a partition or sale includes the right to a partition or sale of any separate lot or
70		-	tract of property, and the bill or petition need not pray for a partition of all the lots or tracts.
	61	+	(a) (1) When two or more heirs or legatees are entitled to distribution of 7
	62	+	undivided interests in property of the estate, the personal representative or one or more of 8
	63	+	the heirs or legatees may petition the court before the formal or informal closing of the 9
	64	+	estate, to make partition. 10
71	65
72		-	(b) This section applies regardless of whether any party, plaintiff, or defendant is
73		-	a minor, disabled, or a nonresident.
	66	+	(2) After notice to the interested heirs or legatees AND SUBJECT TO THE 11
	67	+	REQUIREMENTS OF TITLE 14, SUBTITLE 7 OF THE REAL PROPERTY ARTICLE, the 12
	68	+	court shall partition the property in the same manner as provided by law for civil actions 13
	69	+	of partition. 14
74	70
75		-	(c) A sale and deed made pursuant to an order of the court in the exercise of the
76		-	power provided in this section is good and sufficient at law to transfer property of the
77		-	person. A deed executed in exercise of the above power provided in this section shall be
78		-	executed by the person the court appoints for the purpose.
	71	+	(b) The court may direct the personal representative to sell property which cannot 15
	72	+	be partitioned without prejudice to the owners and cannot conveniently be allotted to one 16
	73	+	party. 17
79	74
80		-	(d) If any bill or petition is filed under the provisions of this section for the sale of
81		-	property, any person holding a mortgage, other encumbrance on the property, or an
82		-	undivided interest in the property may be made a party to the bill, and the property shall
83		-	be sold free and clear of the mortgage or other encumbrance. However, the rights of a lienor
84		-	shall be protected in the distribution of the proceeds of the sale.]
	75	+	Article – Real Property 18
85	76
86		-	~~SUBTITLE 7~~. ~~PARTITION OF REAL PROPERTY.~~
	77	+	[14–107. 19
87	78
88		-	14–701.
	79	+	(a) A circuit court may decree a partition of any property, either legal or equitable, 20
	80	+	on the bill or petition of any joint tenant, tenant in common, parcener, or concurrent owner, 21
	81	+	whether claiming by descent or purchase. If it appears that the property cannot be divided 22
	82	+	without loss or injury to the parties interested, the court may decree its sale and divide the 23
	83	+	money resulting from the sale among the parties according to their respective rights. The 24
	84	+	right to a partition or sale includes the right to a partition or sale of any separate lot or 25
	85	+	tract of property, and the bill or petition need not pray for a partition of all the lots or tracts. 26
89	86
90		-	(A) IN THIS ~~SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS~~
91		-	~~INDICATED~~.
	87	+	(b) This section applies regardless of whether any party, plaintiff, or defendant is 27
	88	+	a minor, disabled, or a nonresident. 28
92	89
93		-	(B) “DETERMINATION OF VALU E” MEANS A COURT ORDER DETERMINING
94		-	THE FAIR MARKET VALU E OF PROPERTY UNDER § 14–707 OR § 14–711 OF THIS LAWRENCE J. HOGAN, JR., Governor Ch. 401
	90	+	(c) A sale and deed made pursuant to an order of the court in the exercise of the 29
	91	+	power provided in this section is good and sufficient at law to transfer property of the 30
	92	+	person. A deed executed in exercise of the above power provided in this section shall be 31
	93	+	executed by the person the court appoints for the purpose. 32
95	94
96		-	~~– 3 –~~
97		-	~~SUBTITLE~~ OR ~~ADOPTING THE VALU ATION OF PROPERTY AG REED TO BY ALL~~
98		-	~~COTENANTS.~~
	95	+	(d) If any bill or petition is filed under the provisions of this section for the sale of 33
	96	+	property, any person holding a mortgage, other encumbrance on the property, or an 34
	97	+	undivided interest in the property may be made a party to the bill, and the property shall 35 HOUSE BILL 777 3
99	98
100		-	(C) “PARTITION BY SALE ” MEANS A COURT –ORDERED SALE OF PROP ERTY,
101		-	WHETHER BY AUCTION , SEALED BIDS, OR OPEN–MARKET SALE CONDUCTE D UNDER
102		-	§ 14–711 OF THIS SUBTITLE.
103	99
104		-	~~(D) “PARTITION~~ ~~IN KIND ” MEANS~~ THE ~~DIVISION O F PROPERTY INTO~~
105		-	~~PHYSICALLY DISTINCT AND SEPARATELY TITLE D PARCELS~~.
	100	+	be sold free and clear of the mortgage or other encumbrance. However, the rights of a lienor 1
	101	+	shall be protected in the distribution of the proceeds of the sale.] 2
106	102
107		-	(E) “RECORD” MEANS INFORMATION TH AT IS INSCRIBED ON A TANGIBLE
108		-	MEDIUM OR THAT IS ST ORED IN AN ELECTRONI C OR OTHER MEDIUM AN D IS
109		-	RETRIEVABLE IN PERCEIVABLE FORM .
	103	+	SUBTITLE 7. PARTITION OF REAL PROPERTY. 3
110	104
111		-	14–~~702~~.
	105	+	14–701. 4
112	106
113		-	(A) ~~REAL PROPERTY SHALL BE PARTITIONED UNDER~~ THIS SUBTITLE
114		-	~~UNLESS ALL OF THE CO TENANTS AGREE OTHERWISE IN A RECOR D~~.
	107	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
	108	+	INDICATED. 6
115	109
116		-	(B) THE MARYLAND RULES APPLY TO ACTION S UNDER THIS SUBTITL E,
117		-	EXCEPT TO THE EXTENT THEY ARE INCONSISTEN T WITH THE PROVISIONS OF TH IS
118		-	SUBTITLE.
	110	+	(B) “DETERMINATION OF VALU E” MEANS A COURT ORDER DETERMINING 7
	111	+	THE FAIR MARKET VALU E OF PROPERTY UNDER § 14–707 OR § 14–711 OF THIS 8
	112	+	SUBTITLE OR ADOPTING THE VALU ATION OF PROPERTY AG REED TO BY ALL 9
	113	+	COTENANTS. 10
119	114
120		-	14–703.
	115	+	(C) “PARTITION BY SALE ” MEANS A COURT –ORDERED SALE OF PROPERTY, 11
	116	+	WHETHER BY AUCTION , SEALED BIDS, OR OPEN–MARKET SALE CONDUCTE D UNDER 12
	117	+	§ 14–711 OF THIS SUBTITLE. 13
121	118
122		-	IN ~~AN ACTION UNDER TH IS SUBTITLE,~~ THE ~~COURT ON ITS OWN MOTION OR ON~~
123		-	~~MOTION OF ANY PARTY MAY ISSUE AN ORDER :~~
	119	+	(D) “PARTITION IN KIND ” MEANS THE DIVISION O F PROPERTY INTO 14
	120	+	PHYSICALLY DISTINCT AND SEPARATELY TITLE D PARCELS. 15
124	121
125		-	(1) FOR THE APPOINTMENT O F AN ATTORNEY TO PRO TECT THE
126		-	INTEREST OF ANY PART Y TO THE SAME EXTENT AND EFFECT AS PROVIDED U NDER
127		-	RULE 2–203 OF THE MARYLAND RULES WITH RESPECT TO INDIVIDUALS NOT IN
128		-	BEING;
	122	+	(E) “RECORD” MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE 16
	123	+	MEDIUM OR THAT IS ST ORED IN AN ELECTRONI C OR OTHER MEDIUM AN D IS 17
	124	+	RETRIEVABLE IN PERCE IVABLE FORM. 18
129	125
130		-	(2) TO REQUIRE JOINDER OF ANY ADDITI ONAL PARTIES THAT AR E
131		-	NECESSARY OR PROPER ; AND
	126	+	14–702. 19
132	127
133		-	(3) TO REQUIRE THAT THE PLAINTIFF:
	128	+	(A) REAL PROPERTY SHALL BE PARTITIONED UNDER THIS SUBTITLE 20
	129	+	UNLESS ALL OF THE CO TENANTS AGREE OTHERWISE IN A RECOR D. 21
134	130
135		-	(I) PROCURE A TITLE REPOR T SUPPORTED BY AN AFFID AVIT
136		-	BY THE PERSON MAKING THE TITLE SEARCH THAT A COMPLE TE SEARCH OF THE
137		-	PUBLIC RECORDS HAS B EEN PERFORMED IN ACC ORDANCE WITH GENERAL LY
138		-	ACCEPTED STANDARDS O F TITLE EXAMINATION FOR THE APPROPRIATE PERIOD AS
139		-	DETERMINED BY THE CO URT, BUT NOT LESS THAN 60 YEARS; AND Ch. 401 2022 LAWS OF MARYLAND
	131	+	(B) THE MARYLAND RULES APPLY TO ACTION S UNDER THIS SUBTITL E, 22
	132	+	EXCEPT TO THE EXTENT THEY ARE INCONSISTEN T WITH THE PROVISION S OF THIS 23
	133	+	SUBTITLE. 24
140	134
141		-	– ~~4 –~~
	135	+	14–703. 25
142	136
143		-	~~(II) DESIGNATE A PLACE WHE RE~~ THE ~~TITLE REPORT SHALL BE~~
144		-	~~KEPT FOR INSPECTION , USE,~~ ~~AND COPYING BY THE P ARTIES.~~
	137	+	IN AN ACTION UNDER TH IS SUBTITLE, THE COURT ON ITS OWN MOTION OR ON 26
	138	+	MOTION OF ANY PARTY MAY ISSUE AN ORDER: 27
145	139
146		-	14–704.
	140	+	(1) FOR THE APPOINTMENT O F AN ATTORNEY TO PRO TECT THE 28
	141	+	INTEREST OF ANY PART Y TO THE SAME EXTENT AND EFFECT AS PROVID ED UNDER 29 4 HOUSE BILL 777
147	142
148		-	IN ADDITION TO ANY PERSONS REQUIRED TO BE NAMED AS DEFENDAN TS IN
149		-	AN ACTION UNDER THIS SUBTITLE, THE PLAINTIFF MAY NAME AS DE FENDANTS ALL
150		-	PERSONS UNKNOWN , CLAIMING ANY LEGAL O R EQUITABLE RIGHT , TITLE, ESTATE,
151		-	LIEN, OR INTEREST IN THE P ROPERTY DESCRIBED IN THE COMPLAINT ADVERS E TO
152		-	THE PLAINTIFF ’S TITLE, OR ANY CLOUD ON THE PLAINTIFF’S TITLE TO THE
153		-	PROPERTY.
154	143
155		-	14–705.
	144	+	RULE 2–203 OF THE MARYLAND RULES WITH RESPECT TO INDIVIDUALS NOT IN 1
	145	+	BEING; 2
156	146
157		-	(A) (1) IF, ON AFFIDAVIT OF THE PLAINTIFF, IT APPEARS TO THE
158		-	SATISFACTION OF THE COURT THAT THE PLAIN TIFF HAS USED REASON ABLE
159		-	DILIGENCE TO ASCERTA IN THE IDENTITY AND RESIDENCE OF AND TO SERVE A
160		-	SUMMONS ON THE PERSO NS NAMED AS UNKNOWN DEFENDANTS A ND PERSONS
161		-	JOINED AS TESTATE OR INTESTATE SUCCESSORS OF A PERSON KNOWN OR BELIEVED
162		-	TO BE DEAD, THE COURT SHALL ORDE R SERVICE BY PUBLICA TION IN ACCORDANCE
163		-	WITH RULE 2–122 OF THE MARYLAND RULES AND THE PROVISI ONS OF THIS
164		-	SUBTITLE.
	147	+	(2) TO REQUIRE JOINDER OF ANY ADDITI ONAL PARTIES THAT ARE 3
	148	+	NECESSARY OR PROPER ; AND 4
165	149
166		-	(2) THE ORDER SHALL DIRE CT THAT A COPY OF TH E SUMMONS, THE
167		-	COMPLAINT, AND THE ORDER FOR PU BLICATION BE MAILED IMMEDIATELY TO THE
168		-	PARTY IF THE PARTY ’S ADDRESS IS ASCERTA INED BEFORE EXPIRATI ON OF THE TIME
169		-	PRESCRIBED FOR PUBLI CATION OF THE SUMMON S.
	150	+	(3) TO REQUIRE THAT THE PLAINTIFF: 5
170	151
171		-	(B) THIS SECTION DOES NOT AUTHORIZE SERVICE BY PUBLI CATION ON ANY
172		-	PERSON NAMED AS AN U NKNOWN DEFENDANT WHO IS IN OPEN AND ACTUA L
173		-	POSSESSION OF THE PR OPERTY.
	152	+	(I) PROCURE A TITLE REPOR T SUPPORTED BY AN AF FIDAVIT 6
	153	+	BY THE PERSON MAKING THE TITLE SEARCH THAT A COMPLE TE SEARCH OF THE 7
	154	+	PUBLIC RECORDS HAS B EEN PERFORMED IN ACC ORDANCE WITH GENERALLY 8
	155	+	ACCEPTED STANDARDS O F TITLE EXAMINATION FOR THE APPROPRIATE PERIOD AS 9
	156	+	DETERMINED BY THE CO URT, BUT NOT LESS THAN 60 YEARS; AND 10
174	157
175		-	14–706.
	158	+	(II) DESIGNATE A PLACE WHE RE THE TITLE REPORT SHALL BE 11
	159	+	KEPT FOR INSPECTION , USE, AND COPYING BY THE P ARTIES. 12
176	160
177		-	(A) IF THE COURT ORDERS S ERVICE BY PUBLICATIO N, THE PLAINTIFF
178		-	SHALL:
	161	+	14–704. 13
179	162
180		-	(1) POST, NOT LATER THAN 10 DAYS AFTER THE DATE THE ORDER IS
181		-	ISSUED, A COPY OF THE SUMMON S AND COMPLAINT IN A CONSPICUOUS PLACE ON
182		-	THE PROPERTY THAT IS THE SUBJECT OF THE A CTION; AND
183		-	LAWRENCE J. HOGAN, JR., Governor Ch. 401
	163	+	IN ADDITION TO ANY PERSONS REQUIRED TO BE NAMED AS DEFENDAN TS IN 14
	164	+	AN ACTION UNDER THIS SUBTITLE, THE PLAINTIFF MAY NA ME AS DEFENDANTS ALL 15
	165	+	PERSONS UNKNOWN , CLAIMING ANY LEGAL O R EQUITABLE RIGHT , TITLE, ESTATE, 16
	166	+	LIEN, OR INTEREST IN THE P ROPERTY DESCRIBE D IN THE COMPLAINT A DVERSE TO 17
	167	+	THE PLAINTIFF ’S TITLE, OR ANY CLOUD ON THE PLAINTIFF’S TITLE TO THE 18
	168	+	PROPERTY. 19
184	169
185		-	– 5 –
186		-	(2) FILE PROOF THAT THE S UMMONS HAS BEEN SERV ED, POSTED,
187		-	AND PUBLISHED AS REQ UIRED IN THE ORDER .
	170	+	14–705. 20
188	171
189		-	(B) IF THE COURT OR DERS SERVICE BY PUBL ICATION, THE PUBLICATION
190		-	SHALL USE THE LEGAL DESCRIPTION OF THE P ROPERTY ALONG WITH I TS STREET
191		-	ADDRESS, OR OTHER COMMON DESI GNATION, IF ANY.
	172	+	(A) (1) IF, ON AFFIDAVIT OF THE PLAINTIFF, IT APPEARS TO THE 21
	173	+	SATISFACTION OF THE COURT THAT THE PLAIN TIFF HAS USED REASON ABLE 22
	174	+	DILIGENCE T O ASCERTAIN THE IDEN TITY AND RESIDENCE O F AND TO SERVE A 23
	175	+	SUMMONS ON THE PERSO NS NAMED AS UNKNOWN DEFENDANTS AND PERSO NS 24
	176	+	JOINED AS TESTATE OR INTESTATE SUCCESSORS OF A PERSON KNOWN OR BELIEVED 25
	177	+	TO BE DEAD, THE COURT SHALL ORDE R SERVICE BY PUBLICA TION IN ACCORDANCE 26
	178	+	WITH RULE 2–122 OF THE MARYLAND RULES AND THE PROVISI ONS OF THIS 27
	179	+	SUBTITLE. 28
192	180
193		-	14–707.
	181	+	(2) THE ORDER SHALL DIREC T THAT A COPY OF THE SUMMONS, THE 29
	182	+	COMPLAINT, AND THE ORDER FOR PU BLICATION BE MAILED IMMEDIATELY TO THE 30
	183	+	PARTY IF THE PARTY ’S ADDRESS IS ASCERTA INED BEFORE EXPIRATION OF THE TIME 31
	184	+	PRESCRIBED FOR PUBLI CATION OF THE SUMMON S. 32
	185	+	HOUSE BILL 777 5
194	186
195		-	(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) THROUGH (D) OF THIS
196		-	SECTION, THE COURT SHALL DETE RMINE THE FAIR MARKE T VALUE OF THE
197		-	PROPERTY BY ORDERING AN APPRAISAL IN ACCORDANCE WITH SUBSECTION (E) OF
198		-	THIS SECTION.
199	187
200		-	(B) THE COURT MAY ACCEPT A PREVIOUSLY COMPLET ED APPRAISAL FILED
201		-	WITH THE COURT AS EV IDENCE OF VALUE PROV IDED THAT:
	188	+	(B) THIS SECTION DOES NOT AUTHORIZE SERVICE BY PUBLICATION ON ANY 1
	189	+	PERSON NAMED AS AN U NKNOWN DEFENDANT WHO IS IN OPEN AND ACTUA L 2
	190	+	POSSESSION OF THE PR OPERTY. 3
202	191
203		-	(1) THE APPRAISAL IS DATED N OT EARLIER THAN 6 MONTHS BEFORE
204		-	THE FILING OF THE PA RTITION ACTION;
	192	+	14–706. 4
205	193
206		-	(2) THE ~~APPRAISAL WAS COMPLE TED~~ BY ~~A DISINTEREST ED REAL~~
207		-	~~ESTATE APPRAISER LIC ENSED IN THE STATE; AND~~
	194	+	(A) IF THE COURT ORDERS SERVICE BY PUBLICATION , THE PLAINTIFF 5
	195	+	SHALL: 6
208	196
209		-	(3) NO PARTY OBJECTS TO THE APPRAISED VALUE .
	197	+	(1) POST, NOT LATER THAN 10 DAYS AFTER THE DATE THE ORDER IS 7
	198	+	ISSUED, A COPY OF THE SUMMON S AND COMPLAINT IN A CONSPICUOUS PLACE ON 8
	199	+	THE PROPERTY THAT IS THE SUBJECT OF THE A CTION; AND 9
210	200
211		-	(C) IF ALL COTENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY OR
212		-	TO ANOTHER METHOD OF VALUATION, THE COURT SHALL ADOP T THAT VALUE OR
213		-	THE VALUE PRODUCED B Y THE AGREED METHOD OF VALUATION .
	201	+	(2) FILE PROOF THAT THE SUMMO NS HAS BEEN SERVED , POSTED, 10
	202	+	AND PUBLISHED AS REQ UIRED IN THE ORDER . 11
214	203
215		-	(D) IF THE COURT DETERMIN ES THAT THE EVIDENTI ARY VALUE OF AN
216		-	APPRAISAL IS OUTWEIG HED BY THE COST OF T HE APPRAISAL AND NO PREVIOUSLY
217		-	COMPLETED APPRAISAL WAS FILED UNDER SUBSECTION (B) OF THIS SECTION, THE
218		-	COURT, AFTER AN EVIDENTIARY HEARING, SHALL DETERMINE THE FAIR MARKET
219		-	VALUE OF THE PROPERT Y AND SEND NOTICE TO THE PARTIES OF THE VALUE .
	204	+	(B) IF THE COURT ORDERS S ERVICE BY PUBLICATIO N, THE PUBLICATION 12
	205	+	SHALL USE THE LEGAL DESCRIPTION OF THE P ROPERTY ALONG WITH I TS STREET 13
	206	+	ADDRESS, OR OTHER COMMON DESI GNATION, IF ANY. 14
220	207
221		-	(E) (1) IF THE COURT ORDERS A N APPRAISAL UNDER SUBSECTION (A) OF
222		-	THIS SECTION , THE COURT SHALL APPO INT A DISINTERESTED REAL ESTATE
223		-	APPRAISER LICENSED I N THE STATE TO DETERMINE TH E FAIR MARKET VALUE OF
224		-	THE PROPERTY ASSUMIN G SOLE OWNERSHIP OF THE FEE SI MPLE ESTATE.
	208	+	14–707. 15
225	209
226		-	(2) ON COMPLETION OF THE APPRAISAL, THE APPRAISER SHALL FILE
227		-	A SWORN OR VERIFIED APPRAISAL WITH THE C OURT.
228		-	Ch. 401 2022 LAWS OF MARYLAND
	210	+	(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) THROUGH (D) OF THIS 16
	211	+	SECTION, THE COURT SHALL DETE RMINE THE FAIR MARKE T VALUE OF THE 17
	212	+	PROPERTY BY ORDERING AN APPRAISAL IN ACCORDANCE WITH SUBSECTION (E) OF 18
	213	+	THIS SECTION. 19
229	214
230		-	– 6 –
231		-	(F) IF AN APPRAISAL IS CONDUCTED UNDER SUBSECTION (A) OF THIS
232		-	SECTION OR FILED WITH THE COURT UNDER SUBSECTION (B) OF THIS SECTION, NOT
233		-	LATER THAN 10 DAYS AFTER THE APPRA ISAL IS FILED, THE COURT SHALL SEND
234		-	NOTICE TO EACH PARTY WITH A KNOWN ADDRESS , STATING:
	215	+	(B) THE COURT MAY ACCEPT A PREVIOUSLY COMPLET ED APPRAISAL FILED 20
	216	+	WITH THE COURT AS EV IDENCE OF VALUE PROV IDED THAT: 21
235	217
236		-	(1) THE APPRAISED FAIR MA RKET VALUE OF THE PR OPERTY;
	218	+	(1) THE APPRAISAL IS DATED N OT EARLIER THAN 6 MONTHS BEFORE 22
	219	+	THE FILING OF THE PA RTITION ACTION; 23
237	220
238		-	(2) ~~THAT~~ THE APPRAISAL ~~IS AVAILABLE AT THE OFFICE OF THE~~
239		-	~~CLERK~~; AND
	221	+	(2) THE APPRAISAL WAS COMPLE TED BY A DISINTEREST ED REAL 24
	222	+	ESTATE APPRAISER LIC ENSED IN THE STATE; AND 25
240	223
241		-	(3) THAT A PARTY MAY FILE WITH THE COURT AN OB JECTION TO THE
242		-	APPRAISAL NOT LATER THAN 30 DAYS AFTER THE NOTIC E IS SENT, STATING THE
243		-	GROUNDS FOR THE OBJE CTION.
	224	+	(3) NO PARTY OBJECTS TO THE APPRAISED VALUE . 26
244	225
245		-	(G) (1) IF AN APPRAISAL IS FI LED WITH THE COURT UNDER SUBSECTION
246		-	(E) OF THIS SECTION, THE COURT SHALL COND UCT A HEARING TO DET ERMINE THE
247		-	FAIR MARKET VALUE OF THE PROPERTY NOT SOONER THAN 30 DAYS AFTER A COPY
248		-	OF THE NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY UND ER SUBSECTION (F)
249		-	OF THIS SECTION , WHETHER OR NOT AN OB JECTION TO THE APPRA ISAL IS FILED
250		-	UNDER SUBSECTION (F)(3) OF THIS SECTION.
	226	+	(C) IF ALL COTENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY OR 27
	227	+	TO ANOTHER METHOD OF VALUATION, THE COURT SHALL ADOP T THAT VALUE OR 28
	228	+	THE VALUE PRODUCED B Y THE AGREED METHOD OF VALU ATION. 29
	229	+	6 HOUSE BILL 777
251	230
252		-	(2) IN ADDITION TO AN APPRAISAL DESCRIBED UNDER SUBSECTION
253		-	(A) OR (B) OF THIS SECTION, THE COURT MAY CONSID ER ANY OTHER EVIDENCE OF
254		-	VALUE OFFERED BY A P ARTY.
255	231
256		-	(H) AFTER A HEARING UNDER SUBSECTION (G) OF THIS SECTION , BUT
257		-	BEFORE CONSIDERING T HE MERITS OF THE PAR TITION ACTION, THE COURT SHALL
258		-	DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY AND SEND NOT ICE TO THE
259		-	PARTIES OF THE VALUE.
	232	+	(D) IF THE COURT DETERMIN ES THAT THE EVIDENTI ARY VALUE OF AN 1
	233	+	APPRAISAL IS OUTWEIG HED BY THE COST OF T HE APPRAISAL AND NO PREVIOUSLY 2
	234	+	COMPLETED APPRAISAL WAS FILED UNDER SUBSECTION (B) OF THIS SECTION, THE 3
	235	+	COURT, AFTER AN EVIDENTIARY HEARING , SHALL DETERMINE THE FAIR MARKET 4
	236	+	VALUE OF THE PROPERT Y AND SEND NOTICE TO THE PARTIES OF THE V ALUE. 5
260	237
261		-	14–708.
	238	+	(E) (1) IF THE COURT ORDERS A N APPRAISAL UNDER SUBSECTION (A) OF 6
	239	+	THIS SECTION , THE COURT SHALL APPO INT A DISINTERESTED REAL ESTATE 7
	240	+	APPRAISER LICENSED IN THE STATE TO DETERMINE TH E FAIR MARKET VALUE OF 8
	241	+	THE PROPERTY ASSUMIN G SOLE OWNERSHIP OF THE FEE SIMPLE ESTAT E. 9
262	242
263		-	(A) IF ANY COTENANT REQUE STED PARTITION BY SA LE, AFTER THE
264		-	DETERMINATION OF VAL UE UNDER § 14–707 OF THIS SUBTITLE , THE COURT SHALL
265		-	SEND NOTICE TO THE P ARTIES THAT ANY COTE NANT, EXCEPT A COTENANT TH AT
266		-	REQUESTED PARTITION BY SALE, MAY BUY ALL THE INTE RESTS OF THE COTENAN TS
267		-	THAT REQUESTED PARTI TION BY SALE.
	243	+	(2) ON COMPLETION OF THE APPRAISAL, THE APPRAISER SHALL FILE 10
	244	+	A SWORN OR VERIFIED APPRAISAL WITH THE C OURT. 11
268	245
269		-	(B) NOT LATER THAN 45 DAYS AFTER THE NOTIC E IS SENT UNDER
270		-	SUBSECTION (A) OF THIS SECTION , ANY COTENANT , EXCEPT A COTENANT TH AT
271		-	REQUESTED PARTITION BY SALE, MAY GIVE NOTICE TO T HE COURT THAT THE LAWRENCE J. HOGAN, JR., Governor Ch. 401
	246	+	(F) IF AN APPRAISAL IS CONDUCTED UNDER SUBSECTION (A) OF THIS 12
	247	+	SECTION OR FILED WITH THE COURT UNDER SUBSECTION (B) OF THIS SECTION, NOT 13
	248	+	LATER THAN 10 DAYS AFTER THE APPRA ISAL IS FILED, THE COURT SHALL SEND 14
	249	+	NOTICE TO EACH PARTY WITH A KNOWN ADDRESS , STATING: 15
272	250
273		-	– 7 –
274		-	COTENANT ELECTS TO BUY ALL TH E INTERESTS OF THE C OTENANTS THAT
275		-	REQUESTED PARTITION BY SALE.
	251	+	(1) THE APPRAISED FAIR MA RKET VALUE OF THE PR OPERTY; 16
276	252
277		-	(C) THE PURCHASE PRICE FO R EACH OF THE INTERE STS OF A COTENANT
278		-	THAT REQUESTED PARTI TION BY SALE IS THE VALUE OF THE ENTIRE PARCEL
279		-	DETERMINED UND ER § 14–707 OF THIS SUBTITLE MULTIPLIED BY THE CO TENANT’S
280		-	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL .
	253	+	(2) THAT THE APPRAISAL IS AVAILABLE AT THE OFFICE OF THE 17
	254	+	CLERK; AND 18
281	255
282		-	(D) AFTER EXPIRATION OF T HE PERIOD DESCRIBED IN SUBSECTION (B) OF
283		-	THIS SECTION, THE FOLLOWING RULES APPLY:
	256	+	(3) THAT A PARTY MAY FILE WITH THE COURT AN OB JECTION TO THE 19
	257	+	APPRAISAL NOT LATER THAN 30 DAYS AFTER THE NOTIC E IS SENT, STATING THE 20
	258	+	GROUNDS FOR THE OBJE CTION. 21
284	259
285		-	(1) IF ONLY ONE COTENANT ELECTS TO BUY ALL THE INTERESTS OF
286		-	THE COTENANTS THAT R EQUESTED PARTITION B Y SALE, THE COURT SHALL NOTI FY
287		-	ALL THE PARTIES ;
	260	+	(G) (1) IF AN APPRAISAL IS FI LED WITH THE COURT UNDER SUBSECTION 22
	261	+	(E) OF THIS SECTION, THE COURT SHALL COND UCT A HEARING TO DET ERMINE THE 23
	262	+	FAIR MARKET VALUE OF THE PROPERTY NOT SOONER THAN 30 DAYS AFTER A COPY 24
	263	+	OF THE NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY U NDER SUBSECTION (F) 25
	264	+	OF THIS SECTION , WHETHER OR NOT AN OB JECTION TO THE APPRA ISAL IS FILED 26
	265	+	UNDER SUBSECTION (F)(3) OF THIS SECTION. 27
288	266
289		-	(2) ~~IF MORE THAN ONE COTE NANT ELECTS~~ TO ~~BUY A LL THE~~
290		-	~~INTERESTS~~ OF ~~THE COT ENANTS THAT REQUESTE D PARTITION BY SALE~~ , THE COURT
291		-	~~SHALL:~~
	267	+	(2) IN ADDITION TO AN APPRAISAL DESCRIBED UNDER SUBSECTION 28
	268	+	(A) OR (B) OF THIS SECTION, THE COURT MAY CONSID ER ANY OTHER EVIDENC E OF 29
	269	+	VALUE OFFERED BY A P ARTY. 30
292	270
293		-	(I) ~~ALLOCATE THE RIGHT TO BUY THOSE INTERESTS AMONG~~
294		-	THE ~~ELECTING COTENAN TS BASED ON EACH ELE CTING COTENANT ’S EXISTING~~
295		-	~~FRACTIONAL OWNERSHIP~~ OF THE ~~ENTIRE PARCEL DIVIDED BY~~ THE ~~TOTAL EXISTING~~
296		-	~~FRACTIONAL OWNERSHIP~~ OF ~~ALL COTENANTS ELE CTING TO BUY;~~
	271	+	(H) AFTER A HEARING UNDER SUBSECTION (G) OF THIS SECTION , BUT 31
	272	+	BEFORE CONSIDERING T HE MERITS OF THE PAR TITION ACTION, THE COURT SHALL 32
	273	+	DETERMINE THE FAIR M ARKET VALUE OF THE PROPERTY AND SEND NOTICE TO THE 33
	274	+	PARTIES OF THE VALUE . 34 HOUSE BILL 777 7
297	275
298		-	(II) NOTIFY ALL THE PARTIES TH AT MORE THAN ONE
299		-	COTENANT ELECTED TO BUY ALL THE INTEREST S OF THE COTENANTS T HAT
300		-	REQUESTED PARTITION BY SALE; AND
301	276
302		-	(III) SEND NOTICE OF THE PR ICE TO BE PAID BY EA CH ELECTING
303		-	COTENANT; OR
304	277
305		-	(3) IF NO COTENANT ELECTS TO BUY ALL THE I NTERESTS OF THE
306		-	COTENANTS THAT REQUE STED PARTITION BY SA LE, THE COURT SHALL SEND
307		-	NOTICE TO ALL THE PA RTIES AND RESOLVE TH E PARTITION ACTION U NDER §
308		-	14–711(A) AND (B) OF THIS SUBTITLE.
	278	+	14–708. 1
309	279
310		-	(E) (1) IF THE COURT SENDS NO TICE TO THE PARTIES UNDER
311		-	SUBSECTION (D)(1) OR (2) OF THIS SECTION , THE COURT SHALL SET A DATE NOT
312		-	SOONER THAN 60 DAYS AFTER THE DATE THE NOTICE WAS SENT BY WHICH
313		-	ELECTING COTENANTS M UST PAY THEIR APPORT IONED PRICE INTO THE COURT.
	280	+	(A) IF ANY COTENANT REQUE STED PARTITION BY SA LE, AFTER THE 2
	281	+	DETERMINATION OF VAL UE UNDER § 14–707 OF THIS SUBTITLE , THE COURT SHALL 3
	282	+	SEND NOTICE TO THE P ARTIES THAT ANY COTE NANT, EXCEPT A COTENANT TH AT 4
	283	+	REQUESTED PARTITION BY SALE, MAY BUY ALL THE INTE RESTS OF THE COTENAN TS 5
	284	+	THAT REQUESTED PARTI TION BY SALE. 6
314	285
315		-	(2) AFTER THE DATE SET BY THE COURT UNDER PARAGRAPH (1) OF
316		-	THIS SUBSECTION , THE FOLLOWING RULES APPLY: Ch. 401 2022 LAWS OF MARYLAND
	286	+	(B) NOT LATER THAN 45 DAYS AFTER THE NOTIC E IS SENT UNDER 7
	287	+	SUBSECTION (A) OF THIS SECTION , ANY COTENANT , EXCEPT A COTENANT TH AT 8
	288	+	REQUESTED PARTITION BY SALE, MAY GIVE NOTICE TO T HE COURT THAT THE 9
	289	+	COTENANT ELECTS TO BUY ALL TH E INTERESTS OF THE C OTENANTS THAT 10
	290	+	REQUESTED PARTITION BY SALE. 11
317	291
318		-	– 8 –
	292	+	(C) THE PURCHASE PRICE FO R EACH OF THE INTERE STS OF A COTENANT 12
	293	+	THAT REQUESTED PARTI TION BY SALE IS THE VALUE OF THE ENTIRE PARCEL 13
	294	+	DETERMINED UNDER § 14–707 OF THIS SUBTITLE MULTIPLIED BY THE CO TENANT’S 14
	295	+	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL . 15
319	296
320		-	(I) IF ALL ELECTING COTEN ANTS PAY THEIR APPOR TIONED
321		-	PRICE INTO COURT ON TIME, THE COURT SHALL ISSU E AN ORDER REALLOCAT ING
322		-	ALL THE INTERESTS OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE
323		-	COURT TO THE PERSONS ENTITLED TO THE FUNDS;
	297	+	(D) AFTER EXPIRATION OF T HE PERIOD DESCRIBED IN SUBSECTION (B) OF 16
	298	+	THIS SECTION, THE FOLLOWING RULES APPLY: 17
324	299
325		-	(II) IF NO ELECTING COTENA NT PAYS THE COTENANT ’S
326		-	APPORTIONED PRICE ON TIME, THE COURT SHALL RESO LVE THE PARTITION AC TION
327		-	UNDER § 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE
328		-	COTENANTS THAT REQUE STED PARTITION BY SA LE WERE NOT PURCHASE D; OR
	300	+	(1) IF ONLY ONE COTENANT ELECTS TO BUY ALL TH E INTERESTS OF 18
	301	+	THE COTENANTS THAT R EQUESTED PARTITION B Y SALE, THE COURT SHALL NOTI FY 19
	302	+	ALL THE PARTIES ; 20
329	303
330		-	(III) IF ONE OR MORE BUT NO T ALL OF THE ELECTIN G
331		-	COTENANTS FAIL TO PA Y THEIR APPORTIONED PRICE ON TIME , THE COURT, ON
332		-	MOTION, SHALL GIVE NOTICE OF THE INTEREST REMA INING AND THE PRICE FOR
333		-	THAT INTEREST TO THE ELECTING COTE NANTS THAT PAID THEI R APPORTIONED
334		-	PRICE.
	304	+	(2) IF MORE THAN ONE COTE NANT ELECTS TO BUY A LL THE 21
	305	+	INTERESTS OF THE COT ENANTS THAT REQUESTE D PARTITION BY SALE , THE COURT 22
	306	+	SHALL: 23
335	307
336		-	(F) ~~(1) NOT LATER THAN 20 DAYS AFTER~~ THE ~~COURT GIVES NOTICE~~
337		-	~~UNDER SUBSECTION (E)(2)(III) OF THIS SECTION , ANY~~ COTENANT ~~THAT PAID THE~~
338		-	~~COTENANT’S APPORTIONED PRICE MAY ELECT TO PURCHAS E ALL~~ OF THE
339		-	~~REMAINING INTEREST B Y PAYING THE ENTIRE PRICE INTO THE COURT .~~
	308	+	(I) ALLOCATE THE RIGHT TO BUY THOSE INTERESTS AMONG 24
	309	+	THE ELECTING COTENAN TS BASED ON EACH ELE CTING COTENANT ’S EXISTING 25
	310	+	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL EXISTING 26
	311	+	FRACTIONAL OWNERSHIP OF ALL COTENANTS ELE CTING TO BUY; 27
340	312
341		-	(2) AFTER THE 20–DAY PERIOD DESCRIBED IN PARAGRAPH (1) OF
342		-	THIS SUBSECTION , THE FOLLOWING RULES APPLY:
	313	+	(II) NOTIFY ALL THE PARTIES TH AT MORE THAN ONE 28
	314	+	COTENANT ELECTED TO BUY ALL THE INTEREST S OF THE COTENANTS T HAT 29
	315	+	REQUESTED PARTITION BY SALE; AND 30
343	316
344		-	(I) IF ONLY ONE COTENANT PAYS THE ENTIRE PRIC E FOR THE
345		-	REMAINING INTEREST , THE COURT SHALL :
	317	+	(III) SEND NOTICE OF THE PR ICE TO BE PAID BY EA CH ELECTING 31
	318	+	COTENANT; OR 32
	319	+	8 HOUSE BILL 777
346	320
347		-	1. ISSUE AN ORDER REALLO CATING THE REMAINING
348		-	INTEREST TO THAT COT ENANT; AND
349	321
350		-	2. PROMPTLY ISSUE AN ORDER REALLOCATIN G THE
351		-	INTERESTS OF ALL OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE
352		-	COURT TO THE PERSONS ENTITLED TO THEM;
	322	+	(3) IF NO COTENANT ELECTS TO BUY ALL THE I NTERESTS OF THE 1
	323	+	COTENANTS THAT REQUE STED PARTITION BY SA LE, THE COURT SHALL SEND 2
	324	+	NOTICE TO ALL THE PA RTIES AND RESOLVE TH E PARTITION ACTION U NDER § 3
	325	+	14–711(A) AND (B) OF THIS SUBTITLE. 4
353	326
354		-	(II) IF NO ~~COTENANT PAYS T HE ENTIRE PRICE FOR~~ THE
355		-	~~REMAINING INTEREST~~ , THE COURT SHALL ~~RESO LVE THE PARTITION AC TION UNDER~~
356		-	~~§ 14–709(A) AND (B) OF THIS SUBTITLE AS IF~~ THE ~~INTERESTS OF~~ THE ~~COTENANTS~~
357		-	~~THAT REQUESTED PARTI TION BY SALE WERE NOT PURCHA SED;~~ ~~AND~~
	327	+	(E) (1) IF THE COURT SENDS NO TICE TO THE PARTIES UNDER 5
	328	+	SUBSECTION (D)(1) OR (2) OF THIS SECTION , THE COURT SHALL SET A DATE NOT 6
	329	+	SOONER THAN 60 DAYS AFTER THE DATE THE NOTICE WAS SENT BY WHICH 7
	330	+	ELECTING COTENANTS M UST PAY THEIR APPORT IONED PRICE INTO THE COURT. 8
358	331
359		-	(~~III~~) ~~IF MORE THAN ONE COTE NANT PAYS~~ THE ~~ENTIRE PRICE~~
360		-	~~FOR THE REMAINING IN TEREST~~, THE ~~COURT SHALL~~ : ~~LAWRENCE J. HOGAN, JR., Governor Ch. 401~~
	332	+	(2) AFTER THE DATE SET BY THE COURT UNDER PARAGRAPH (1) OF 9
	333	+	THIS SUBSECTION , THE FOLLOWING RULES APPLY: 10
361	334
362		-	– 9 –
	335	+	(I) IF ALL ELECTING COTEN ANTS PAY THEIR APPOR TIONED 11
	336	+	PRICE INTO COURT ON TIME, THE COURT SHALL ISSU E AN ORDER REALLOCAT ING 12
	337	+	ALL THE INTERESTS OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE 13
	338	+	COURT TO THE PERSONS ENTITLED TO THE FUNDS; 14
363	339
364		-	1. REAPPORTION THE REMAI NING INTEREST AMONG
365		-	THOSE PAYING COTENAN TS, BASED ON EACH PAYING COTENANT’S ORIGINAL
366		-	FRACTIONAL OWNERSHIP OF THE ENT IRE PARCEL DIVIDED B Y THE TOTAL ORIGINAL
367		-	FRACTIONAL OWNERSHIP OF ALL COTENANTS THA T PAID THE ENTIRE PR ICE FOR
368		-	THE REMAINING INTERE ST; AND
	340	+	(II) IF NO ELECTING COTENA NT PAYS THE COTENANT ’S 15
	341	+	APPORTIONED PRICE ON TIME, THE COURT SHAL L RESOLVE THE PARTIT ION ACTION 16
	342	+	UNDER § 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE 17
	343	+	COTENANTS THAT REQUE STED PARTITION BY SA LE WERE NOT PURCHASE D; OR 18
369	344
370		-	2. PROMPTLY ISSUE AN ORDER REALLOCATIN G ALL OF
371		-	THE COTENANTS ’ INTERESTS, DISBURSE THE AMOUNT S HELD BY THE COURT TO THE
372		-	PERSONS ENTITLED TO THEM, AND REFUND ANY EXCES S PAYMENT HELD BY TH E
373		-	COURT.
	345	+	(III) IF ONE OR MORE BUT NO T ALL OF THE ELECTIN G 19
	346	+	COTENANTS FAIL TO PA Y THEIR APPORTIONED PRICE ON TIME , THE COURT, ON 20
	347	+	MOTION, SHALL GIVE NOTICE OF THE INTEREST REMA INING AND THE PRICE FOR 21
	348	+	THAT INTEREST TO THE ELECTING COTE NANTS THAT PAID THEI R APPORTIONED 22
	349	+	PRICE. 23
374	350
375		-	(G) NOT LATER THAN 45 DAYS AFTER THE COURT SENDS NOTICE TO THE
376		-	PARTIES UNDER SUBSECTION (A) OF THIS SECTION , ANY COTENANT ENTITLE D TO
377		-	BUY AN INTEREST UNDER THIS SECTION M AY REQUEST THE COURT TO AUTHORIZE
378		-	THE SALE AS PART OF THE PENDING ACTION O F THE INTERESTS OF C OTENANTS
379		-	NAMED AS DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT D ID NOT
380		-	APPEAR IN THE ACTION .
	351	+	(F) (1) NOT LATER THAN 20 DAYS AFTER THE COURT GIVES NOTICE 24
	352	+	UNDER SUBSECTION (E)(2)(III) OF THIS SECTION , ANY COTENANT THAT PAID THE 25
	353	+	COTENANT’S APPORTIONED PRICE MAY ELECT TO PURCHAS E ALL OF THE 26
	354	+	REMAINING INTEREST B Y PAYING THE ENTIRE PRICE INTO THE COURT . 27
381	355
382		-	(H) IF THE COURT RECEIVES A TIMELY REQUEST UNDER SUBSECTION (G) OF
383		-	THIS SECTION, THE COURT , AFTER A HEARING, MAY DENY THE REQUEST OR
384		-	AUTHORIZE THE REQUES TED ADDITIONAL SALE ON TERMS THE COURT D ETERMINES
385		-	ARE FAIR AND REASONA BLE, SUBJECT TO THE FOLLOWING LIMITATIONS:
	356	+	(2) AFTER THE 20–DAY PERIOD DESCRIBED IN PARAGRAPH (1) OF 28
	357	+	THIS SUBSECTION , THE FOLLOWING RULES APPLY: 29
386	358
387		-	(1) A SALE AUTHORIZED UNDE R THIS SUBSECTION MAY O CCUR ONLY
388		-	AFTER THE PURCHASE P RICES FOR ALL INTERE STS SUBJECT TO SALE UNDER
389		-	SUBSECTIONS (A) THROUGH (F) OF THIS SECTION HAVE BEEN PAID INTO COURT AND
390		-	THOSE INTERESTS HAVE BEEN REALLOCATED AMO NG THE COTENANTS AS
391		-	PROVIDED IN SUBSECTIONS (A) THROUGH (F) OF THIS SECTION; AND
	359	+	(I) IF ONLY ONE COTENANT PAYS THE ENTIRE PRIC E FOR THE 30
	360	+	REMAINING INTEREST , THE COURT SHALL : 31
392	361
393		-	~~(2)~~ THE ~~PURCHASE PRICE FO R THE INTEREST OF A NONAPPEARING~~
394		-	~~COTENANT IS BASED ON THE COURT’S DETERMINATION OF V ALUE UNDER § 14–707~~
395		-	~~OF THIS SUBTITLE.~~
	362	+	1. ISSUE AN ORDER REALLO CATING THE REMAINING 32
	363	+	INTEREST TO THAT COT ENANT; AND 33
	364	+	HOUSE BILL 777 9
396	365
397		-	14–709.
398	366
399		-	(A) (1) IF UNDER § 14–708 OF THIS SUBTITLE ALL THE INTERESTS OF ALL
400		-	COTENANTS THAT REQUE STED PARTITION BY SA LE ARE NOT PURCHASED BY OTHER
401		-	COTENANTS, OR IF AFTER THE CONC LUSION OF THE BUYOUT A COTENANT REMAINS
402		-	THAT HAS REQUESTED P ARTITION IN KIND, THE COURT SHALL ORDE R PARTITION IN
403		-	KIND UNLESS THE COUR T, AFTER CONSIDERATION OF THE FACTORS LISTE D IN §
404		-	14–710 OF THIS SUBTITLE , FINDS THAT PARTITION IN KIND WILL RESULT IN GREAT
405		-	PREJUDICE TO THE COT ENANTS AS A GROUP . Ch. 401 2022 LAWS OF MARYLAND
	367	+	2. PROMPTLY ISSUE AN ORDER REALLOCATIN G THE 1
	368	+	INTERESTS OF ALL OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE 2
	369	+	COURT TO THE PERSONS ENTITLED TO THEM; 3
406	370
407		-	– 10 –
	371	+	(II) IF NO COTENANT PAYS T HE ENTIRE PRICE FOR THE 4
	372	+	REMAINING INTEREST , THE COURT SHALL RESO LVE THE PARTITION AC TION UNDER 5
	373	+	§ 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE COTENANTS 6
	374	+	THAT REQUESTED PARTI TION BY SALE WERE NOT PURCHA SED; AND 7
408	375
409		-	(2) IN CONSIDERING WHETHE R TO ORDER PARTITION IN KIND, THE
410		-	COURT SHA LL APPROVE A REQUEST BY TWO OR MORE PARTI ES TO HAVE THEIR
411		-	INDIVIDUAL INTERESTS AGGREGATED .
	376	+	(III) IF MORE THAN ONE COTE NANT PAYS THE ENTIRE PRICE 8
	377	+	FOR THE REMAINING IN TEREST, THE COURT SHALL : 9
412	378
413		-	(B) IF THE COURT DOES NOT ORDER PARTITION IN K IND UNDER
414		-	SUBSECTION (A) OF THIS SECTION , THE COURT SHALL ORDE R PARTITION BY SALE
415		-	UNDER § 14–711 OF THIS SUBTITLE OR, IF NO COTENANT REQUE STED PARTITION BY
416		-	SALE, THE COURT SHALL DISM ISS THE ACTION.
	379	+	1. REAPPORTION THE REMAI NING INTEREST AMONG 10
	380	+	THOSE PAYING COTENAN TS, BASED ON EACH PAYING COTENANT’S ORIGINAL 11
	381	+	FRACTIONAL OWNERSHIP OF THE ENT IRE PARCEL DIVIDED B Y THE TOTAL ORIGINAL 12
	382	+	FRACTIONAL OWNERSHIP OF ALL COTENANTS THA T PAID THE ENTIRE PR ICE FOR 13
	383	+	THE REMAINING INTERE ST; AND 14
417	384
418		-	(C) IF THE COURT ORDERS P ARTITION IN KIND IN ACCORDANCE WITH
419		-	SUBSECTION (A) OF THIS SECTION , THE COURT MAY REQUIR E THAT ONE OR MORE
420		-	COTENANTS PAY ONE OR MORE OTHER COTENANTS AMOUNTS SO THAT THE
421		-	PAYMENTS, TAKEN TOGETHER WITH THE VALUE OF THE IN –KIND DISTRIBUTIONS T O
422		-	THE COTENANTS , WILL MAKE THE PARTIT ION IN KIND JUST AND PROPORTIONATE
423		-	IN VALUE TO THE FRAC TIONAL INTERESTS HEL D.
	385	+	2. PROMPTLY ISSUE AN ORDER REALLOCATIN G ALL OF 15
	386	+	THE COTENANTS ’ INTERESTS, DISBURSE THE AMOUNT S HELD BY THE COURT TO THE 16
	387	+	PERSONS ENTITLED TO THEM, AND REFUND ANY EXCES S PAYMENT HELD BY TH E 17
	388	+	COURT. 18
424	389
425		-	(D) IF THE COURT ~~ORDERS P ARTITION IN KI ND,~~ THE ~~COURT SHALL~~
426		-	~~ALLOCATE~~ TO ~~THE COTE NANTS THAT ARE UNKNO WN, UNLOCATABLE , OR THE~~
427		-	~~SUBJECT OF A DEFAULT JUDGMENT,~~ ~~IF THEIR INTERESTS W ERE NOT BOUGHT OUT~~
428		-	~~UNDER § 14–708 OF THIS SUBTITLE, A~~ PART OF THE ~~PROPER TY REPRESENTING~~ THE
429		-	~~COMBINED INTERESTS O F THESE COTENANTS~~ AS ~~DETERMI NED BY~~ THE ~~COURT AND~~
430		-	~~THIS PART OF~~ THE ~~PRO PERTY SHALL REMAIN U NDIVIDED~~.
	390	+	(G) NOT LATER THAN 45 DAYS AFTER THE COURT SENDS NOTICE TO THE 19
	391	+	PARTIES UNDER SUBSECTION (A) OF THIS SECTION , ANY COTENANT ENTITLE D TO 20
	392	+	BUY AN INTEREST UNDER THIS SECTION M AY REQUEST THE COURT TO AUTHORIZE 21
	393	+	THE SALE AS PART OF THE PENDING ACTION O F THE INTERESTS OF C OTENANTS 22
	394	+	NAMED AS DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT D ID NOT 23
	395	+	APPEAR IN THE ACTION . 24
431	396
432		-	14–710.
	397	+	(H) IF THE COURT RECEIVES A TIMELY REQUEST UNDER SUBSECTION (G) OF 25
	398	+	THIS SECTION, THE COURT , AFTER A HEARING, MAY DENY THE REQUEST OR 26
	399	+	AUTHORIZE THE REQUES TED ADDITIONAL SALE ON TERMS THE COURT D ETERMINES 27
	400	+	ARE FAIR AND REASONA BLE, SUBJECT TO THE FOLLOWING LIMITATIONS: 28
433	401
434		-	(A) IN DETERMINING WHETHE R PARTITION IN KIND UNDER § 14–709(A) OF
435		-	THIS SUBTITLE WOULD RESULT IN GREA T PREJUDICE TO THE C OTENANTS AS A
436		-	GROUP, THE COURT SHALL CONSIDER THE F OLLOWING:
	402	+	(1) A SALE AUTHORIZED UNDE R THIS SUBSECTION MAY O CCUR ONLY 29
	403	+	AFTER THE PURCHASE P RICES FOR ALL INTERE STS SUBJECT TO SALE UNDER 30
	404	+	SUBSECTIONS (A) THROUGH (F) OF THIS SECTION HAVE BEEN PAID INTO COURT AND 31
	405	+	THOSE INTERESTS HAVE BEEN REALLOCATED AMO NG THE COTENANTS AS 32
	406	+	PROVIDED IN SUBSECTIONS (A) THROUGH (F) OF THIS SECTION; AND 33
	407	+	10 HOUSE BILL 777
437	408
438		-	(1) WHETHER THE PROPERTY PRACTICABLY CAN BE D IVIDED AMONG
439		-	THE COTENANTS ;
440	409
441		-	(2) WHETHER PARTITION IN KIND WOULD APPORTION THE
442		-	PROPERTY IN SUCH A W AY THAT THE AGGREGAT E FAIR MARKET VALUE OF THE
443		-	PARCELS RESULTING FR OM THE DIVISION WOULD BE MATER IALLY LESS THAN THE
444		-	VALUE OF THE PROPERT Y IF IT WERE SOLD AS A WHOLE, TAKING INTO ACCOUNT THE
445		-	CONDITION UNDER WHIC H A COURT–ORDERED SALE LIKELY WOULD OCCUR ;
	410	+	(2) THE PURCHASE PRICE FO R THE INTEREST OF A NONAPPEARING 1
	411	+	COTENANT IS BASED ON THE COURT’S DETERMINATION OF V ALUE UNDER § 14–707 2
	412	+	OF THIS SUBTITLE. 3
446	413
447		-	(3) EVIDENCE OF THE COLLE CTIVE DURATION OF OW NERSHIP OR
448		-	POSSESSION OF THE PR OPERTY BY A COTENANT AND ONE OR MORE PRED ECESSORS LAWRENCE J. HOGAN, JR., Governor Ch. 401
	414	+	14–709. 4
449	415
450		-	– 11 –
451		-	IN TITLE OR PREDECES SORS IN POSSESSION T O THE COTENANT WHO A RE OR WERE
452		-	RELATIVES OF THE COT ENANT OR EACH OTHER ;
	416	+	(A) (1) IF UNDER § 14–708 OF THIS SUBTITLE ALL THE INTERESTS OF ALL 5
	417	+	COTENANTS THAT REQUE STED PARTITION BY SA LE ARE NOT PURCHASED BY OTHER 6
	418	+	COTENANTS, OR IF AFTER THE CONC LUSION OF THE BUYOUT A COTENANT REMAINS 7
	419	+	THAT HAS REQUESTED P ARTITION IN KIND, THE COURT SHALL ORDE R PARTITION IN 8
	420	+	KIND UNLESS THE COUR T, AFTER CONSIDERATION OF THE FACTORS LISTE D IN § 9
	421	+	14–710 OF THIS SUBTITLE , FINDS THAT PARTITION IN KIND WILL RESULT IN GREAT 10
	422	+	PREJUDICE TO THE COT ENANTS AS A GROUP . 11
453	423
454		-	(4) THE ~~SENTIMENTAL ATTACHME NT OF A COTENANT TO THE~~
455		-	~~PROPERTY, INCLUDING ANY ATTACH MENT ARISING BECAUSE THE PROP ERTY HAS~~
456		-	~~ANCESTRAL OR OTHER U NIQUE OR SPECIAL VAL UE TO THE COTENANT ;~~
	424	+	(2) IN CONSIDERING WHETHE R TO ORDER PARTITION IN KIND, THE 12
	425	+	COURT SHA LL APPROVE A REQUEST BY TWO OR MORE PARTI ES TO HAVE THEIR 13
	426	+	INDIVIDUAL INTERESTS AGGREGATED . 14
457	427
458		-	(5) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A COTENANT
459		-	AND THE DEGREE TO WH ICH THE COTENANT WOU LD BE HARMED IF THE COTENANT
460		-	COULD NOT CONTINUE T HE SAME USE OF THE PROPERTY ;
	428	+	(B) IF THE COURT DOES NOT ORDER PARTITION IN K IND UNDER 15
	429	+	SUBSECTION (A) OF THIS SECTION , THE COURT SHALL ORDE R PARTITION BY SALE 16
	430	+	UNDER § 14–711 OF THIS SUBTITLE OR, IF NO COTENANT REQUE STED PARTITION BY 17
	431	+	SALE, THE COURT SHALL DISM ISS THE ACTION. 18
461	432
462		-	(6) THE DEGREE TO WHICH THE COTENANTS HAVE C ONTRIBUTED
463		-	THEIR PRO RATA SHARE OF THE PROPERTY TAXE S, INSURANCE, AND OTHER
464		-	EXPENSES ASSOCIATED WITH MAINTAINING OWN ERSHIP OF THE PROPER TY OR
465		-	HAVE CONTRIBUTED TO THE PHYSICAL IMPROVE MENT, MAINTENANCE, OR UPKEEP
466		-	OF THE PROPERTY ; AND
	433	+	(C) IF THE COURT ORDERS P ARTITION IN KIND IN ACCORDANCE WITH 19
	434	+	SUBSECTION (A) OF THIS SECTION , THE COURT MAY REQUIR E THAT ONE OR MORE 20
	435	+	COTENANTS PAY ONE OR MORE OTHER COTENANTS AMOUNTS SO THAT THE 21
	436	+	PAYMENTS, TAKEN TOGETHER WITH THE VALUE OF THE IN –KIND DISTRIBUTIONS T O 22
	437	+	THE COTENANTS , WILL MAKE THE PARTIT ION IN KIND JUST AND PROPORTIONATE 23
	438	+	IN VALUE TO THE FRAC TIONAL INTERESTS HEL D. 24
467	439
468		-	(7) ANY OTHER RELEVANT FA CTOR.
	440	+	(D) IF THE COURT ORDERS P ARTITION IN KIND , THE COURT SHALL 25
	441	+	ALLOCATE TO THE COTE NANTS THAT ARE UNKNO WN, UNLOCATABLE , OR THE 26
	442	+	SUBJECT OF A DEFAULT JUDGMENT, IF THEIR INTERESTS W ERE NOT BOUGHT OUT 27
	443	+	UNDER § 14–708 OF THIS SUBTITLE, A PART OF THE PROPER TY REPRESENTING THE 28
	444	+	COMBINED INTERESTS O F THESE COTENANTS AS DETERMINED BY THE CO URT AND 29
	445	+	THIS PART OF THE PRO PERTY SHALL REMAIN U NDIVIDED. 30
469	446
470		-	(B) THE COURT MAY NOT CON SIDER ANY ONE FACTOR IN SUBSECTION (A)
471		-	OF THIS SECTION TO BE DISPOSITIVE WI THOUT WEIGHING THE T OTALITY OF ALL
472		-	RELEVANT FACTORS AND CIRCUMSTANCES .
	447	+	14–710. 31
473	448
474		-	14–711.
	449	+	(A) IN DETERMINING WHETHE R PARTITION IN KIND UNDER § 14–709(A) OF 32
	450	+	THIS SUBTITLE WOULD RESULT IN GREA T PREJUDICE TO THE COT ENANTS AS A 33
	451	+	GROUP, THE COURT SHALL CONS IDER THE FOLLOWING : 34
	452	+	HOUSE BILL 777 11
475	453
476		-	(A) IF THE COURT ORDERS A SALE OF PROPERTY , THE SALE SHALL BE AN
477		-	OPEN–MARKET SALE UNLESS T HE COURT FINDS THAT A SALE BY SEALED BID S OR AN
478		-	AUCTION WOULD BE MOR E ECONOMICALLY ADVAN TAGEOUS AND IN THE B EST
479		-	INTEREST OF THE COTE NANTS AS A GROUP .
480	454
481		-	(B) (1) IF THE COURT ORDERS AN OPEN –MARKET SALE AND THE
482		-	PARTIES, NOT LATER THAN 10 DAYS AFTER THE ENTRY OF THE ORDER , AGREE ON A
483		-	REAL ESTATE BROKER L ICENSED IN THE STATE TO OFFER THE PR OPERTY FOR SALE ,
484		-	THE COURT SHALL APPO INT THE BROKER AND E STABLISH A REASONABL E
485		-	COMMISSION.
	455	+	(1) WHETHER THE PROPERTY PRACTICABLY CAN BE D IVIDED AMONG 1
	456	+	THE COTENANTS ; 2
486	457
487		-	(2) IF THE PARTIES DO NOT AGREE ON A BROKER , THE COURT SHALL
488		-	APPOINT A DISINTERES TED REAL ESTATE BROK ER LICENSED IN THE STATE TO
489		-	OFFER THE PROPERTY F OR SALE AND SHALL ES TABLISH A REASONABLE
490		-	COMMISSION.
	458	+	(2) WHETHER PARTITION IN KIND WOULD APPORTION THE 3
	459	+	PROPERTY IN SUCH A W AY THAT THE AGGREGAT E FAIR MARKET VALUE OF THE 4
	460	+	PARCELS RESULTING FR OM THE DIVISION WOUL D BE MATERIALLY LESS THAN THE 5
	461	+	VALUE OF THE PROPERT Y IF IT WERE SOLD AS A WHOLE, TAKING INTO ACCOUNT THE 6
	462	+	CONDITION UNDER WHIC H A COURT–ORDERED SALE LIKELY WOULD OCCUR ; 7
491	463
492		-	(3) A BROKER APPOINTED UNDER THIS SUBSECTION SHALL OFFER
493		-	THE PROPERTY FOR SAL E IN A COMMERCIALLY REASONABLE MANNER AT A PRICE Ch. 401 2022 LAWS OF MARYLAND
	464	+	(3) EVIDENCE OF THE COLLE CTIVE DURATION OF OWNE RSHIP OR 8
	465	+	POSSESSION OF THE PR OPERTY BY A COTENANT AND ONE OR MORE PRED ECESSORS 9
	466	+	IN TITLE OR PREDECES SORS IN POSSESSION T O THE COTENANT WHO A RE OR WERE 10
	467	+	RELATIVES OF THE COT ENANT OR EACH OTHER ; 11
494	468
495		-	– 12 –
496		-	~~NOT LOWER THAN~~ THE ~~DETER MINATION OF VALUE AN D ON THE TERMS AND~~
497		-	~~CONDITIONS ESTABLISH ED BY~~ THE ~~COURT .~~
	469	+	(4) THE SENTIMENTAL ATTACHME NT OF A COTENA NT TO THE 12
	470	+	PROPERTY, INCLUDING ANY ATTACH MENT ARISING BECAUSE THE PROPERTY HAS 13
	471	+	ANCESTRAL OR OTHER U NIQUE OR SPECIAL VAL UE TO THE COTENANT ; 14
498	472
499		-	(C) IF THE ~~BROKER APPOINT ED UNDER SUBSECT ION (B)~~ OF ~~THIS SECTION~~
500		-	~~OBTAINS WITHIN A REA SONABLE TIME AN OFFE R~~ TO ~~PURCHASE~~ THE ~~PR OPERTY FOR~~
501		-	~~AT LEAST~~ THE ~~DETERMI NATION OF VALUE :~~
	473	+	(5) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A COTENANT 15
	474	+	AND THE DEGREE TO WH ICH THE COTENANT WOU LD BE HARMED IF THE COTENANT 16
	475	+	COULD NOT CONTINUE T HE SAME USE OF THE P ROPERTY; 17
502	476
503		-	(1) THE BROKER SHALL COMP LY WITH THE REPORTIN G
504		-	REQUIREMENTS IN § 14–712 OF THIS SUBTITLE ; AND
	477	+	(6) THE DEGREE TO WHICH THE COTENANTS HAVE C ONTRIBUTED 18
	478	+	THEIR PRO RATA SHARE OF THE PROPERTY TAXE S, INSURANCE, AND OTHER 19
	479	+	EXPENSES ASSOCIATED WITH MAINTAINING OWN ERSHIP OF THE PROPER TY OR 20
	480	+	HAVE CONTRIBUTED TO THE P HYSICAL IMPROVEMENT , MAINTENANCE , OR UPKEEP 21
	481	+	OF THE PROPERTY ; AND 22
505	482
506		-	(2) THE SALE MAY BE COMPL ETED IN ACCORDANCE W ITH STATE LAW
507		-	OTHER THAN THIS SUBTITLE.
	483	+	(7) ANY OTHER RELEVANT FA CTOR. 23
508	484
509		-	(D) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION
510		-	DOES NOT OBTAIN WITH IN A REASONABLE TIME AN OFFER TO PURCHASE THE
511		-	PROPERTY FOR AT LEAS T THE DETERMINATION OF VALUE, THE COURT, AFTER
512		-	HEARING, MAY:
	485	+	(B) THE COURT MAY NOT CON SIDER ANY ONE FACTOR IN SUBSECTION (A) 24
	486	+	OF THIS SECTION TO BE DISPOSITIVE WI THOUT WEIGHING THE T OTALITY OF ALL 25
	487	+	RELEVANT FACTORS AND CIRCUMSTANCES . 26
513	488
514		-	~~(1) APPROVE THE HIGHEST O UTSTANDING OFFER , IF ANY;~~
	489	+	14–711. 27
515	490
516		-	(2) REDETERMINE THE VALUE OF THE PROPERTY AND ORDER THAT
517		-	THE PROPERTY CONTINU E TO BE OFFERED FOR AN ADDITIONAL TIME ; OR
	491	+	(A) IF THE COURT ORDERS A SALE OF PROPERTY , THE SALE SHALL BE AN 28
	492	+	OPEN–MARKET SALE UNLESS T HE COURT FINDS THAT A SALE BY SEALED BID S OR AN 29
	493	+	AUCTION WOULD BE MOR E ECONOMICALLY ADVAN TAGEOUS AND IN THE B EST 30
	494	+	INTEREST OF THE COTE NANTS AS A GROUP . 31
518	495
519		-	(3) ~~ORDER THAT~~ THE ~~PROPER TY BE SOLD BY SEALED BIDS OR AT AN~~
520		-	~~AUCTION.~~
	496	+	(B) (1) IF THE COURT ORDERS A N OPEN–MARKET SALE AND THE 32
	497	+	PARTIES, NOT LATER THAN 10 DAYS AFTER THE ENTRY OF THE ORDER , AGREE ON A 33 12 HOUSE BILL 777
521	498
522		-	(E) IF THE COURT ORDERS A SALE BY SEALED BIDS OR AN AUCTION , THE
523		-	COURT SHALL SET TERM S AND CONDITIONS OF THE SALE.
524	499
525		-	~~(F) IF A PURCHASER IS ENT ITLED~~ TO ~~A SHARE OF~~ THE ~~PROCEEDS OF THE~~
526		-	~~SALE,~~ THE ~~PURCHASER IS ALSO ENTITLED TO~~ A ~~CREDIT AGAINST THE PRICE IN AN~~
527		-	~~AMOUNT EQUAL TO THE PURCHASER ’S SHARE OF THE PROCE EDS~~.
	500	+	REAL ESTATE BROKER L ICENSED IN THE STATE TO OFFER THE PR OPERTY FOR SALE , 1
	501	+	THE COURT SHALL APPOINT THE BR OKER AND ESTABLISH A REASONABLE 2
	502	+	COMMISSION. 3
528	503
529		-	14–712.
	504	+	(2) IF THE PARTIES DO NOT AGREE ON A BROKER , THE COURT SHALL 4
	505	+	APPOINT A DISINTERES TED REAL ESTATE BROK ER LICENSED IN THE STATE TO 5
	506	+	OFFER THE PROPERTY F OR SALE AND SHALL ES TABLISH A REASONABLE 6
	507	+	COMMISSION. 7
530	508
531		-	(A) A BROKER APPOINTED ~~UND ER § 14–711(B) OF~~ THIS ~~SUBTITLE TO~~ OFFER
532		-	PROPERTY FOR ~~OPEN –MARKET~~ ~~SALE SHALL FI LE~~ A ~~REPORT WITH THE COURT NOT~~
533		-	~~LATER~~ THAN ~~7 DAYS AFTER RECEIVING~~ AN ~~OFFER TO PURCHASE~~ THE ~~PROPERTY FOR~~
534		-	~~AT LEAST~~ THE ~~VALUE D ETERMINED UNDER § 14–707 OR § 14–711 OF THIS SUBTITLE~~.
	509	+	(3) A BROKER APPOINTED UNDER THIS SUBSECTION SHALL OFFER 8
	510	+	THE PROPERTY FOR SAL E IN A COMMERCIALLY REASONABLE MANNER AT A PRICE 9
	511	+	NOT LOWER THAN THE DETER MINATION OF VALUE AN D ON THE TERMS AND 10
	512	+	CONDITIONS ESTABLISH ED BY THE COURT . 11
535	513
536		-	(B) A REPORT REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL
537		-	CONTAIN THE FOLLOWIN G INFORMATION : LAWRENCE J. HOGAN, JR., Governor Ch. 401
	514	+	(C) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION 12
	515	+	OBTAINS WITHIN A REA SONABLE TIME AN OFFE R TO PURCHASE THE PR OPERTY FOR 13
	516	+	AT LEAST THE DETERMI NATION OF VALUE : 14
538	517
539		-	– 13 –
	518	+	(1) THE BROKER SHALL COMP LY WITH THE REPORTIN G 15
	519	+	REQUIREMENTS IN § 14–712 OF THIS SUBTITLE; AND 16
540	520
541		-	(1) A DESCRIPTION OF THE P ROPERTY TO BE SOLD T O EACH BUYER;
	521	+	(2) THE SALE MAY BE COMPL ETED IN ACCORDANCE W ITH STATE LAW 17
	522	+	OTHER THAN THIS SUBTITLE. 18
542	523
543		-	(2) THE NAME OF EACH BUYE R;
	524	+	(D) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION 19
	525	+	DOES NOT OBTAIN WITH IN A REASONABLE TIME AN OFFER TO PURCHASE THE 20
	526	+	PROPERTY FOR AT LEAS T THE DETERMINATION OF VALUE, THE COURT, AFTER 21
	527	+	HEARING, MAY: 22
544	528
545		-	(3) THE ~~PROPOSED PURCHASE PRICE~~;
	529	+	(1) APPROVE THE HIGHEST O UTSTANDING OFFER , IF ANY; 23
546	530
547		-	(4) THE ~~TERMS AND CONDITI ONS~~ OF THE ~~PROPOSED SALE,~~
548		-	~~INCLUDING~~ THE ~~TERMS OF ANY OWNER FINANCI NG~~;
	531	+	(2) REDETERMINE THE VALUE OF THE PROPERTY AND ORDER THAT 24
	532	+	THE PROPERTY CONTINU E TO BE OFFERED FOR AN ADDITIONAL TIME ; OR 25
549	533
550		-	(5) THE AMOUNTS TO BE PAI D TO LIENHOLDERS ;
	534	+	(3) ORDER THAT THE PROPERTY BE SOLD BY SEALED BIDS OR AT AN 26
	535	+	AUCTION. 27
551	536
552		-	(6) A ~~STATEMENT OF CONTRAC TUAL~~ OR ~~OTHER ARRANG EMENTS OR~~
553		-	CONDITIONS OF THE ~~BR OKER’S COMMISSION;~~ ~~AND~~
	537	+	(E) IF THE COURT ORDERS A SALE BY SEALED BIDS OR AN AUCTION , THE 28
	538	+	COURT SHALL SET TERM S AND CONDITIONS OF THE SALE. 29
554	539
555		-	(7) OTHER MATERIAL FACTS RELEVANT TO THE SALE .
	540	+	(F) IF A PURCHASER IS ENT ITLED TO A SHARE OF THE PROCEEDS OF THE 30
	541	+	SALE, THE PURCHASER IS ALSO ENTITLED TO A CREDIT AGAINST THE PRICE IN AN 31
	542	+	AMOUNT EQUAL TO THE PURCHASER ’S SHARE OF THE PROCE EDS. 32 HOUSE BILL 777 13
556	543
557		-	14–713.
558	544
559		-	THIS SUBTITLE MODIFIES, LIMITS, AND SUPERSEDES THE ELECTRONIC
560		-	SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. § 7001 ET SEQ.,
561		-	BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE § 101(C) OF THAT ACT, 15 U.S.C. §
562		-	7001(C), OR AUTHORIZE ELECTRO NIC DELIVERY OF ANY OF THE NO TICES
563		-	DESCRIBED IN § 103(B) OF THAT ACT, 15 U.S.C. § 7003(B).
564	545
565		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
566		-	apply only prospectively and may not be applied or interpreted to have any effect on or
567		-	application to any partition action filed before the effective date of this Act.
	546	+	14–712. 1
568	547
569		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
570		-	October 1, 2022.
	548	+	(A) A BROKER APPOINTED UND ER § 14–711(B) OF THIS SUBTITLE TO OFFER 2
	549	+	PROPERTY FOR OPEN –MARKET SALE SHALL FI LE A REPORT WITH THE COURT NOT 3
	550	+	LATER THAN 7 DAYS AFTER RECEIVING AN OFFER TO PURCHASE THE PROPERTY FOR 4
	551	+	AT LEAST THE VALUE D ETERMINED UNDER § 14–707 OR § 14–711 OF THIS SUBTITLE. 5
571	552
572		-	Approved by the Governor, May 16, 2022.
	553	+	(B) A REPORT REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL 6
	554	+	CONTAIN THE FOLLOWIN G INFORMATION : 7
	555	+
	556	+	(1) A DESCRIPTION OF THE P ROPERTY TO BE SOLD T O EACH BUYER; 8
	557	+
	558	+	(2) THE NAME OF EACH BUYE R; 9
	559	+
	560	+	(3) THE PROPOSED PURCHASE PRICE; 10
	561	+
	562	+	(4) THE TERMS AND CONDITI ONS OF THE PROPOSED SALE , 11
	563	+	INCLUDING THE TERMS OF ANY OWNER FINANCI NG; 12
	564	+
	565	+	(5) THE AMOUNTS TO BE PAI D TO LIENHOLDERS ; 13
	566	+
	567	+	(6) A STATEMENT OF CONTRAC TUAL OR OTHER ARRANG EMENTS OR 14
	568	+	CONDITIONS OF THE BR OKER’S COMMISSION; AND 15
	569	+
	570	+	(7) OTHER MATERIAL FACTS RELEVANT TO TH E SALE. 16
	571	+
	572	+	14–713. 17
	573	+
	574	+	THIS SUBTITLE MODIFIES, LIMITS, AND SUPERSEDES THE ELECTRONIC 18
	575	+	SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. § 7001 ET SEQ., 19
	576	+	BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE § 101(C) OF THAT ACT, 15 U.S.C. § 20
	577	+	7001(C), OR AUTHORIZE ELECTRO NIC DELIVERY OF ANY OF THE NOTICES 21
	578	+	DESCRIBED IN § 103(B) OF THAT ACT, 15 U.S.C. § 7003(B). 22
	579	+
	580	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 23
	581	+	apply only prospectively and may not be applied or interpreted to have any effect on or 24
	582	+	application to any partition action filed before the effective date of this Act. 25
	583	+
	584	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
	585	+	October 1, 2022. 27
	586	+