Maryland 2022 Regular Session

Maryland Senate Bill SB968 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0968*
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77 SENATE BILL 968
88 Q1 2lr3050
99
1010 By: Senator Edwards
1111 Introduced and read first time: February 15, 2022
1212 Assigned to: Rules
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Tax Sales – Foreclosure Actions – Assignment of Certificates of Sale 2
1919
2020 FOR the purpose of authorizing the governing body of a county or municipal corporation to 3
2121 file a petition with a court to request that a certain certificate of sale be assigned to 4
2222 the governing body of the county or the municipal corporation in a certain foreclosure 5
2323 action under certain circumstances; providing that, on a grant of the petition by the 6
2424 court, the holder of the certificate of sale forfeits certain rights and the amount paid 7
2525 to acquire the certificate of sale; applying this Act retroactively; and generally 8
2626 relating to tax sales of property. 9
2727
2828 BY adding to 10
2929 Article – Tax – Property 11
3030 Section 14–821(c) 12
3131 Annotated Code of Maryland 13
3232 (2019 Replacement Volume and 2021 Supplement) 14
3333
3434 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
3535 That the Laws of Maryland read as follows: 16
3636
3737 Article – Tax – Property 17
3838
3939 14–821. 18
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4141 (C) (1) THE GOVERNING BODY OF A COUNTY OR MUNICIPA L 19
4242 CORPORATION MAY FILE A PETITION WITH THE COURT REQUE STING THAT A 20
4343 CERTIFICATE OF SALE BE ASSIGNED TO THE G OVERNING BODY OF THE COUNTY OR 21
4444 MUNICIPAL CORPORATIO N IF: 22
4545
4646 (I) A FORECLOSURE ACTION HAS BEEN INITIATED B Y THE 23
4747 HOLDER OF THE CERTIF ICATE OF SALE IN ACCORDANCE WIT H THIS SUBTITLE; AND 24 2 SENATE BILL 968
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4949
5050
5151 (II) THE FORECLOSURE ACTI ON IS SUBJECT TO DIS MISSAL FOR 1
5252 A LACK OF PROSECUTIO N UNDER MARYLAND RULE 2–507 OR A FINAL ORDER HAS 2
5353 NOT BEEN ENTERED IN THE FORECLOSURE ACTI ON WITHIN 18 MONTHS AFTER THE 3
5454 FILING OF THE COMPLAINT , WHICHEVER IS EARLIER . 4
5555
5656 (2) ON THE FILING OF A PETITION UNDER THIS S UBSECTION, THE 5
5757 COURT SHALL ISSUE A SUMMONS TO PROCURE A N ANSWER AND APPEARA NCE OF 6
5858 THE HOLDER OF THE CE RTIFICATE OF SALE TO SHOW GOOD CAUSE A S TO WHY THE 7
5959 COURT SHOULD NOT G RANT THE PETITION . 8
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6161 (3) IF THE HOLDER OF THE CERTIFICATE OF SALE FAILS TO RESPOND 9
6262 TO THE PETITION IN A CCORDANCE WITH THE MARYLAND RULES, THE COURT SHALL 10
6363 GRANT THE PETITION . 11
6464
6565 (4) IF A COURT GRANTS A PETITION UNDER THI S SUBSECTION, THE 12
6666 HOLDER OF THE CERTIF ICATE OF SALE SHALL FORFEIT : 13
6767
6868 (I) ANY RIGHTS UNDER THE CERTIFICATE OF SALE ; AND 14
6969
7070 (II) THE AMOUNT PAID TO A CQUIRE THE CERTIFICA TE OF SALE. 15
7171
7272 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 16
7373 apply retroactively and shall be applied to and interpreted to affect any tax sale actions 17
7474 foreclosing the right of redemption that are pending on enactment of this Act. 18
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7676 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 19
7777 1, 2022. 20
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