EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0021* HOUSE BILL 21 Q1 3lr0860 (PRE–FILED) By: Delegate Atterbeary Requested: November 17, 2022 Introduced and read first time: January 11, 2023 Assigned to: Ways and Means Committee Report: Favorable with amendments House action: Adopted Read second time: February 14, 2023 CHAPTER ______ AN ACT concerning 1 Property Tax – Tax Sales – Notices and Payoff Amount for Redemption 2 FOR the purpose of requiring that the holder of a certificate of sale include the e–mail 3 address of certain persons in certain notices required to be sent to certain persons 4 with an interest in a property that is sold at a tax sale; authorizing the owner of 5 certain persons with an interest in owner–occupied property sold at a tax sale to 6 request the current payoff amount to redeem the property; and generally relating to 7 tax sales. 8 BY repealing and reenacting, without amendments, 9 Article – Tax – Property 10 Section 14–833(a–1)(1) 11 Annotated Code of Maryland 12 (2019 Replacement Volume and 2022 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Tax – Property 15 Section 14–833(a–1)(3) and (5)(ii) 16 Annotated Code of Maryland 17 (2019 Replacement Volume and 2022 Supplement) 18 BY adding to 19 Article – Tax – Property 20 Section 14–833(a–1)(5)(ii) 21 2 HOUSE BILL 21 Annotated Code of Maryland 1 (2019 Replacement Volume and 2022 Supplement) 2 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 That the Laws of Maryland read as follows: 4 Article – Tax – Property 5 14–833. 6 (a–1) (1) The holder of a certificate of sale may not file a complaint to foreclose 7 the right of redemption until at least 2 months after sending the first notice and at least 30 8 days after sending the second notice required under this subsection to: 9 (i) the person who last appears as owner of the property on the 10 collector’s tax roll; and 11 (ii) 1. the current mortgagee of the property, assignee of a 12 mortgagee of record, or servicer of the current mortgage; or 13 2. the current holder of a beneficial interest in a deed of trust 14 recorded against the property. 15 (3) The notices required under this subsection shall include at least the 16 following: 17 (i) a statement of the fact of the issuance of a certificate of sale; 18 (ii) a copy of the certificate of sale, if the holder of the certificate of 19 sale received the certificate of sale before the notice was sent under this paragraph; 20 (iii) a statement that the owner, a mortgage holder, or any other 21 person that has an estate or interest in the property may redeem the property at any time 22 until the right of redemption has been finally foreclosed under the provisions of this 23 subtitle; 24 (iv) a statement that the holder of the certificate of sale may file an 25 action to foreclose the right of redemption at any time after 2 months from the date of the 26 first notice; 27 (v) a statement that if the property is redeemed before an action to 28 foreclose the right of redemption is filed, the amount that shall be paid to redeem the 29 property is: 30 1. the total lien amount on the property at the time of sale, 31 with interest; 32 HOUSE BILL 21 3 2. any taxes, interest, and penalties paid by the holder of the 1 certificate of sale; 2 3. any delinquent taxes, interest, and penalties accruing 3 after the date of the tax sale; and 4 4. the following expenses incurred by the holder of the 5 certificate of sale: 6 A. costs for recording the certificate of sale; 7 B. a title search fee, not to exceed $250; 8 C. the postage and certified mailing costs actually incurred 9 for the notices; and 10 D. reasonable attorney’s fees, not to exceed $500; 11 (vi) a statement that if the property is redeemed after an action to 12 foreclose the right of redemption has been filed, the amount that shall be paid to redeem 13 the property is the sum of: 14 1. the total lien amount on the property at the time of sale, 15 with interest; 16 2. any taxes, interest, and penalties paid by the holder of the 17 certificate of sale; 18 3. any delinquent taxes, interest, and penalties accruing 19 after the date of the tax sale; and 20 4. attorney’s fees and expenses to which the holder of the 21 certificate of sale may be entitled under § 14–843(a)(4) and (5) of this subtitle; 22 (vii) the provisions of § 14–843(a) of this subtitle, reproduced as they 23 appear in the Code; 24 (viii) a statement that, in Baltimore City only, the holder of the 25 certificate of sale is entitled to taxes, interest, and penalties paid in accordance with § 26 14–843(c) of this subtitle and interest at the rate of redemption under § 14–820 of this 27 subtitle from the date of payment to the date of redemption; and 28 (ix) the name, address, E–MAIL ADDRESS, and telephone number of: 29 1. the holder of the certificate of sale, or the holder’s agent or 30 attorney; and 31 4 HOUSE BILL 21 2. the collector who made the sale. 1 (5) (II) 1. THIS SUBPARAGRAPH DOE S NOT APPLY IN 2 BALTIMORE CITY. 3 2. FOR OWNER –OCCUPIED RESIDENTIAL PROPERTY 4 SOLD UNDER THIS SUBT ITLE, PRIOR TO BEFORE THE FILING OF A COMP LAINT TO 5 FORECLOSE THE RIGHT OF REDEMPTION , AN OWNER OF PROPERTY SOLD UNDER 6 THIS SUBTITLE MAY RE QUEST THE CURRENT PAYOFF A MOUNT TO REDEEM THE 7 PROPERTY MAY BE REQUESTED BY THE: 8 A. OWNER OF THE PROPERT Y; 9 B. CURRENT MORTGAGEE OF THE PROPERTY , ASSIGNEE 10 OF A MORTGAGEE OF RECOR D, OR SERVICER OF THE C URRENT MORTGAGE ; OR 11 C. CURRENT HOLDER OF A BENEFICIAL INTEREST IN A 12 DEED OF TRUST RECORD ED AGAINST THE PROPE RTY. 13 3. A REQUEST MADE UNDER S UBSUBPARAGRAPH 2 OF 14 THIS SUBPARAGRAPH SH ALL BE MADE TO THE HOLDER OF THE CERTIF ICATE OF 15 SALE BY PHONE , E–MAIL, OR OTHER CONTACT MET HOD PROVIDED BY THE HOLDER 16 TO THE COLLECTOR . 17 4. THE PAYOFF AMOUNT TO REDEEM THE PROPERTY 18 PROVIDED BY THE HOLD ER OF THE CERTIFICAT E OF SALE IN ACCORDA NCE WITH 19 SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH SH ALL: 20 A. INCLUDE ONLY THOSE E XPENSES INCURRED BEF ORE 21 THE HOLDER OF THE CE RTIFICATE OF SALE RE CEIVED THE REQUEST F OR THE 22 PAYOFF AMOUNT ; AND 23 B. BE DEEMED VALID FOR A PERIOD OF 30 DAYS FROM 24 THE DATE THE HOLDER OF THE CERTIFICATE O F SALE PROVIDES THE OWNER OF 25 THE PROPERTY PAYOFF AMOUNT TO THE PERSON WHO REQUESTED THE PAYOFF 26 AMOUNT. 27 [(ii)] (III) 1. In Baltimore City, for owner–occupied residential 28 property, prior to the filing of a complaint to foreclose the right of redemption, an owner of 29 property sold under this subtitle may send a request for the current payoff amount to 30 redeem the property. 31 2. A request made under subsubparagraph 1 of this 32 subparagraph shall be sent to the holder of the certificate of sale by first–class certified 33 HOUSE BILL 21 5 mail, postage prepaid, return receipt requested, bearing a postmark from the United States 1 Postal Service. 2 3. Within 10 days of delivery of a notice sent under 3 subsubparagraph 1 of this subparagraph, the holder of a certificate of sale shall send the 4 owner of the property, by first–class certified mail, postage prepaid, return receipt 5 requested, bearing a postmark from the United States Postal Service, the current payoff 6 amount to redeem the property, as of the date the request was made. 7 4. Except as provided in subsubparagraph 6 of this 8 subparagraph, a holder of a certificate of sale who receives a request for a current payoff 9 amount to redeem property under this subparagraph may not file a complaint to foreclose 10 the right of redemption until the later of: 11 A. 20 days after the request under subsubparagraph 1 of this 12 subparagraph is received by the holder of the certificate of sale; 13 B. 10 days after the holder of the certificate of sale sends the 14 owner of the property the current payoff amount to redeem the property; or 15 C. the date on which a holder of the certificate of sale may file 16 a complaint to foreclose the right of redemption under paragraphs (1) and (4) of this 17 subsection. 18 5. The payoff amount to redeem the property provided by the 19 holder of the certificate of sale in accordance with subsubparagraph 3 of this subparagraph 20 shall be deemed valid for a period of 30 days from the date the holder of the certificate of 21 sale sends the owner of the property the payoff amount. 22 6. If the owner of property sends more than 2 requests under 23 subsubparagraph 1 of this subparagraph, the restrictions on filing a complaint to foreclose 24 the right of redemption may not apply to a third or subsequent request. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26 1, 2023. 27