Maryland 2023 Regular Session

Maryland House Bill HB867 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	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	5		hb0867
9	6
10	7		HOUSE BILL 867
11	8		Q2 3lr2090
12	9		CF SB 766
13	10		By: Baltimore City Delegation
14	11		Introduced and read first time: February 9, 2023
15	12		Assigned to: Ways and Means
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: March 9, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Baltimore City – Collection of Unpaid Property Taxes 2
25	19
26	20		FOR the purpose of authorizing the Mayor and City Council of Baltimore City to establish 3
27	21		an installment payment program for taxes in arrears on residential property; 4
28	22		authorizing the Mayor of Baltimore City to cancel the annual tax sale; authorizing 5
29	23		the Mayor and City Council of Baltimore City to establish a program to divert 6
30	24		residential property from the private tax lien sale process into an alternative 7
31	25		program for the payment of taxes in arrears; authorizing the collector of taxes in 8
32	26		Baltimore City to withhold any residential property from tax sale; authorizing 9
33	27		Baltimore City to conduct a judicial in rem foreclosure and sale of residential 10
34	28		property on which the taxes are in arrears under certain circumstances; establishing 11
35	29		procedures for an in rem foreclosure and sale; and generally relating to the collection 12
36	30		of unpaid property taxes in Baltimore City. 13
37	31
38	32		BY adding to 14
39	33		Article – Tax – Property 15
40	34		Section 10–209 and 14–811(b)(4); and 14–894 to be under the new part “Part VIII. 16
41	35		Baltimore City Judicial In Rem Tax Foreclosure for Residential Property” 17
42	36		Annotated Code of Maryland 18
43	37		(2019 Replacement Volume and 2022 Supplement) 19
44	38
45	39		BY repealing and reenacting, without amendments, 20
46	40		Article – Tax – Property 21
47	41		Section 14–801(d) 22
48		-	Annotated Code of Maryland 23 2 HOUSE BILL 867
	42	+	Annotated Code of Maryland 23
	43	+	(2019 Replacement Volume and 2022 Supplement) 24
	44	+
	45	+	BY repealing and reenacting, with amendments, 25
	46	+	Article – Tax – Property 26
	47	+	Section 14–808(a) 27
	48	+	Annotated Code of Maryland 28 2 HOUSE BILL 867
49	49
50	50
51	51		(2019 Replacement Volume and 2022 Supplement) 1
52	52
53		-	BY repealing and reenacting, with amendments, 2
54		-	Article – Tax – Property 3
55		-	Section 14–808(a) 4
56		-	Annotated Code of Maryland 5
57		-	(2019 Replacement Volume and 2022 Supplement) 6
	53	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
	54	+	That the Laws of Maryland read as follows: 3
58	55
59		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
60		-	That the Laws of Maryland read as follows: 8
	56	+	Article – Tax – Property 4
61	57
62		-	~~Article – Tax – Property 9~~
	58	+	10–209. 5
63	59
64		-	10–209. 10
	60	+	(A) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY, BY LAW, 6
	61	+	ESTABLISH AN INSTALL MENT PAYMENT PROGRAM FOR TAXES IN ARREARS ON ANY 7
	62	+	RESIDENTIAL PROPERTY IN WHICH AN Y PERSON WITH AN INT EREST IN THE 8
	63	+	PROPERTY MAY ENROLL , INCLUDING A LESSEE O R A PERSON WHO STAND S TO 9
	64	+	INHERIT THE PROPERTY FROM THE PERSON WHO LAST APPE ARS AS OWNER OF THE 10
	65	+	PROPERTY ON THE COLL ECTOR’S TAX ROLL. 11
65	66
66		-	(A) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY, BY LAW, 11
67		-	ESTABLISH AN INSTALL MENT PAYMENT PROGRAM FOR TAXES IN ARREARS ON ANY 12
68		-	RESIDENTIAL PROPERTY IN WHICH AN Y PERSON WITH AN INT EREST IN THE 13
69		-	PROPERTY MAY ENROLL , INCLUDING A LESSEE O R A PERSON WHO STAND S TO 14
70		-	INHERIT THE PROPERTY F ROM THE PERSON WHO L AST APPEARS AS OWNER OF THE 15
71		-	PROPERTY ON THE COLL ECTOR’S TAX ROLL. 16
	67	+	(B) ANY FEE OR CHARGE OF ANY KIND THAT IS INCLUDED ON A BALTIMORE 12
	68	+	CITY PROPERTY TAX BILL MAY BE PAID THROUGH THE INSTALLMENT PAYMENT 13
	69	+	PROGRAM AUTHORIZED UNDER SUBSECTION (A) OF THIS SUBSECTION . 14
72	70
73		-	(B) ANY FEE OR CHARGE OF ANY KIND THAT IS INCLUDED ON A BALTIMORE 17
74		-	CITY PROPERTY TAX BILL MAY BE PAID THROUGH THE INSTALLMENT PAYMENT 18
75		-	PROGRAM AUTHORIZED UNDER SUBSECTION (A) OF THIS SUBSECTION . 19
	71	+	(C) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY PROVIDE, BY 15
	72	+	LAW, FOR: 16
76	73
77		-	(C) ~~THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY PROVIDE, BY 20~~
78		-	~~LAW, FOR:~~ 21
	74	+	(1) ANY ADDITIONAL ELIGI BILITY CRITERIA FOR AN INSTALLMENT 17
	75	+	PAYMENT PROGRAM UNDER THIS SECTION ; 18
79	76
80		-	(1) ~~ANY ADDITIONAL ELIGI BILITY CRITERIA~~ FOR AN INSTALLMENT 22
81		-	~~PAYMENT~~ PROGRAM ~~UNDER THIS SECTION~~ ; 23
	77	+	(2) THE PROCESS FOR ENROLLING IN AN INSTALLMENT PAYMENT 19
	78	+	PROGRAM; 20
82	79
83		-	(2) THE ~~PROCESS FOR ENROLLING IN AN~~ INSTALLMENT ~~PAYMENT 24~~
84		-	~~PROGRAM; 25~~
	80	+	(3) THE FREQUENCY AND DUE DATES OF INSTALLMENT PAYMENTS ; 21
	81	+	AND 22
85	82
86		-	(3) THE FREQUENCY AND DUE DATES OF INSTALLMENT PAYMENTS ; 26
87		-	AND 27
	83	+	(4) ANY OTHER PROVISION NECESSARY TO CARRY O UT THIS SECTION. 23
88	84
89		-	(4) ANY OTHER PROVISION NECESSARY TO CARRY O UT THIS SECTION. 28
	85	+	(D) IF THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY ESTABLISH AN 24
	86	+	INSTALLMENT PAYMENT PROGRAM UNDER SU BSECTION (A) OF THIS SECTION , 25
	87	+	BALTIMORE CITY SHALL ARRANGE FO R THE PAYMENT TO THE STATE OF ANY STATE 26
	88	+	PROPERTY TAXES IN AR REARS ON A PROPERTY ENROLLED IN THE PROG RAM. 27
90	89
91		-	(D) IF THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY ESTABLISH AN 29
92		-	INSTALLMENT PAYMENT PROGRAM UNDE R SUBSECTION (A) OF THIS SECTION , 30
93		-	BALTIMORE CITY SHALL ARRANGE FO R THE PAYMENT TO THE STATE OF ANY STATE 31
94		-	PROPERTY TAXES IN AR REARS ON A PROPERTY ENROLLED IN THE PROG RAM. 32 HOUSE BILL 867 3
	90	+	14–801. 28
	91	+
	92	+	(d) (1) “Tax” means any tax, or charge of any kind due to the State or any of 29
	93	+	its political subdivisions, or to any other taxing agency, that by law is a lien against the 30
	94	+	real property on which it is imposed or assessed. 31 HOUSE BILL 867 3
95	95
96	96
97	97
98		-	~~14–801~~. 1
	98	+	(2) “Tax” includes interest, penalties, and service charges. 1
99	99
100		-	(d) (1) “Tax” means any tax, or charge of any kind due to the State or any of 2
101		-	its political subdivisions, or to any other taxing agency, that by law is a lien against the 3
102		-	real property on which it is imposed or assessed. 4
	100	+	14–808. 2
103	101
104		-	(2) “Tax” includes interest, penalties, and service charges. 5
	102	+	(a) (1) Except for property that has been transferred by a municipality or 3
	103	+	county to a land bank authority established under § 1–1403 of the Local Government 4
	104	+	Article, and except as provided [under] IN PARAGRAPH (3) OF THIS SUBSECTION O R § 5
	105	+	14–811 of this subtitle, the collector shall proceed to sell and shall sell under this subtitle, 6
	106	+	at the time required by local law but in no case, except in Baltimore City, later than 2 years 7
	107	+	from the date the tax is in arrears, all property in the county in which the collector is elected 8
	108	+	or appointed on which the tax is in arrears. 9
105	109
106		-	14–808. 6
	110	+	(2) The collector is required to sell, but failure of the collector to sell within 10
	111	+	the 2–year period does not affect the validity or collectability of any tax, or the validity of 11
	112	+	any sale thereafter made. 12
107	113
108		-	(a) (1) Except for property that has been transferred by a municipality or 7
109		-	county to a land bank authority established under § 1–1403 of the Local Government 8
110		-	Article, and except as provided [under] IN PARAGRAPH (3) OF THIS SUBSECTION O R § 9
111		-	14–811 of this subtitle, the collector shall proceed to sell and shall sell under this subtitle, 10
112		-	at the time required by local law but in no case, except in Baltimore City, later than 2 years 11
113		-	from the date the tax is in arrears, all property in the county in which the collector is elected 12
114		-	or appointed on which the tax is in arrears. 13
	114	+	(3) (I) THE MAYOR OF BALTIMORE CITY MAY CANCEL THE 13
	115	+	ANNUAL TAX SALE. 14
115	116
116		-	(2) The collector is required to sell, but failure of the collector to sell within 14
117		-	the 2–year period does not affect the validity or collectability of any tax, or the validity of 15
118		-	any sale thereafter made. 16
	117	+	(II) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY, 15
	118	+	BY LAW, ESTABLISH A PROGRAM TO DIVERT RESIDENTIA L PROPERTY FROM THE 16
	119	+	PRIVATE TAX LIEN SAL E PROCESS INTO AN AL TERNATIVE PROGRAM FOR THE 17
	120	+	COLLECTION OF TAXES IN ARREARS THAT MAY INCLUDE: 18
119	121
120		-	~~(3) (I)~~ THE ~~MAYOR OF BALTIMORE CITY MAY CANCEL THE 17~~
121		-	~~ANNUAL TAX SALE.~~ 18
	122	+	1. OUTREACH TO PROPERTY OWNERS TO ASSIST THE 19
	123	+	PROPERTY OWNERS TO P AY THEIR TAXES; 20
122	124
123		-	(II) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY, 19
124		-	BY LAW, ESTABLISH A PROGRAM TO DIVERT RESIDENTIA L PROPERTY FROM THE 20
125		-	PRIVATE TAX LIEN SAL E PROCESS INTO AN AL TERNATIVE PROGRAM FOR THE 21
126		-	COLLECTION OF TAXES IN ARREARS THAT MAY INCLUDE: 22
	125	+	2. INSTALLMENT PAYMENT PLANS FOR TAXES IN 21
	126	+	ARREARS UNDER § 10–209 OF THIS ARTICLE; 22
127	127
128		-	1. ~~OUTREACH TO PROPERTY OWNERS TO ASSIST THE~~ 23
129		-	~~PROPERTY OWNERS TO P AY THEIR TAXES;~~ 24
	128	+	3. JUDICIAL IN REM FORECLOSURE A ND SALE UNDER § 23
	129	+	14–894 OF THIS SUBTITLE ; AND 24
130	130
131		-	2. ~~INSTALLMENT PAYMENT PLANS FOR TAXES IN~~ 25
132		-	~~ARREARS UNDER § 10–209 OF THIS ARTICLE;~~ 26
	131	+	4. ANY OTHER PROVISION NECESSARY TO CARRY O UT 25
	132	+	THE PROGRAM . 26
133	133
134		-	3. JUDICIAL IN REM FORE CLOSURE AND SALE UND ER § 27
135		-	14–894 OF THIS SUBTITLE ; AND 28
	134	+	14–811. 27
136	135
137		-	4~~. ANY OTHER PROVISION NECESSARY TO CARRY O UT 29~~
138		-	~~THE PROGRAM~~ . 30
	136	+	(b) (4) IN BALTIMORE CITY, THE COLLECTOR MAY WI THHOLD FROM 28
	137	+	SALE ANY RESIDENTIAL PROPERTY. 29
139	138
140		-	14–811. 31
141		-	4 HOUSE BILL 867
	139	+	14–892. RESERVED. 30
142	140
143		-
144		-	(b) (4) IN BALTIMORE CITY, THE COLLECTOR MAY WI THHOLD FROM 1
145		-	SALE ANY RESIDENTIAL PROPERTY. 2
146		-
147		-	14–892. RESERVED. 3
148		-
149		-	14–893. RESERVED. 4
150		-
151		-	PART VIII. BALTIMORE CITY JUDICIAL IN REM TAX FORECLOSURE FOR 5
152		-	RESIDENTIAL PROPERTY. 6
153		-
154		-	14–894. 7
155		-
156		-	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 8
157		-	INDICATED. 9
158		-
159		-	(2) “INTERESTED PARTY ” MEANS: 10
160		-
161		-	(I) THE PERSON WHO LAST APPEARS AS OWNER OF THE 11
162		-	PROPERTY ON THE COLLECTOR ’S TAX ROLL; 12
163		-
164		-	(II) A MORTGAGEE OF THE PROPERTY OR ASSIGNEE OF A 13
165		-	MORTGAGE OF RECORD ; 14
166		-
167		-	(III) A HOLDER OF A BENEFI CIAL INTEREST IN A D EED OF TRUST 15
168		-	RECORDED AGAINST THE PROPERTY; 16
169		-
170		-	(IV) A TAXING AGENCY THAT HAS THE AUTHORITY TO COLLECT 17
171		-	TAX ON THE PROPERTY; OR 18
172		-
173		-	(V) ANY PERSON HAVING AN INTEREST IN THE PROPERTY 19
174		-	WHOSE IDENTITY AND A DDRESS ARE: 20
175		-
176		-	1. REASONABLY ASCERTAIN ABLE FROM THE COUNTY 21
177		-	LAND RECORDS ; OR 22
178		-
179		-	2. REVEALED BY A FULL TITLE SEARCH CONSIST ING OF 23
180		-	AT LEAST 50 YEARS. 24
181		-
182		-	(3) “TAX” HAS THE MEANING STAT ED IN § 14–801 OF THIS SUBTITLE . 25
183		-
184		-	(B) BALTIMORE CITY MAY CONDUCT AN IN RE M FORECLOSURE AND SA LE 26
185		-	OF RESIDENTIAL PROPERTY ON WHICH THE TAXES ARE IN ARREARS IN ACCORDANCE 27
186		-	WITH THIS SECTION. 28 HOUSE BILL 867 5
	141	+	14–893. RESERVED. 31 4 HOUSE BILL 867
187	142
188	143
189	144
190		-	~~(C)~~ BALTIMORE CITY ~~MAY FORECLOSE ON AND SELL A RESIDENTIAL~~ 1
191		-	PROPERTY ~~ON WHICH THE TAXES A RE IN ARREARS UNDER THIS SECTION ONLY IF:~~ 2
	145	+	PART VIII. BALTIMORE CITY JUDICIAL IN REM TAX FORECLOSURE FOR 1
	146	+	RESIDENTIAL PROPERTY. 2
192	147
193		-	(1) AT LEAST 3 YEARS HAVE ELAPSED S INCE BALTIMORE CITY FIRST 3
194		-	BEGAN MAKING DOCUMEN TED ATTEMPTS TO CONTACT THE PROPE RTY OWNER TO 4
195		-	OFFER ASSISTANCE WIT H PAYING THE TAXES IN ARREARS ; 5
	148	+	14–894. 3
196	149
197		-	(2) BALTIMORE CITY HAS MADE AT LEAST TE N ATTEMPTS TO 6
198		-	CONTACT THE PROPERTY OWNER TO OFFER ASSISTANCE WITH PAYING THE TAXES 7
199		-	IN ARREARS; AND 8
	150	+	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 4
	151	+	INDICATED. 5
200	152
201		-	(3) THERE HAS BEEN NO AC TIVE PAYMENT PLAN FOR T HE PAYMENT 9
202		-	OF THE TAXES IN ARRE ARS ON THE PROPERTY FOR AT LEAST THE PRE CEDING 12 10
203		-	MONTHS. 11
	153	+	(2) “INTERESTED PARTY ” MEANS: 6
204	154
205		-	(D) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY ESTABLISH : 12
	155	+	(I) THE PERSON WHO LAST APPEARS AS OWNER OF THE 7
	156	+	PROPERTY ON THE COLLECTOR ’S TAX ROLL; 8
206	157
207		-	(1) ~~OBJECTIVE CRITERIA FOR WITHHOLD ING RESIDENTIAL 13~~
208		-	~~PROPERTIES FROM FORE CLOSURE AND SALE UNDER THIS SECTION~~; ~~AND 14~~
	158	+	(II) A MORTGAGEE OF THE PROPERTY OR ASSIGNEE OF A 9
	159	+	MORTGAGE OF RECORD ; 10
209	160
210		-	(2) A PROCESS BY WHICH A PROPERTY OWNER MAY A PPEAL THE 15
211		-	INCLUSION OF THE PROPERTY OWNER’S PROPERTY IN A FORE CLOSURE AND SALE 16
212		-	UNDER THIS SECTION . 17
	161	+	(III) A HOLDER OF A BENEFI CIAL INTEREST IN A D EED OF TRUST 11
	162	+	RECORDED AGAINST THE PROPERTY; 12
213	163
214		-	(E) TO ~~INITIATE AN IN REM FORECLOSURE ACTION , BALTIMORE CITY 18~~
215		-	~~SHALL: 19~~
	164	+	(IV) A TAXING AGENCY THAT HAS THE AUTHORITY TO COLLECT 13
	165	+	TAX ON THE PROPERTY; OR 14
216	166
217		-	(1) ~~FILE A COMPLAINT FOR~~ AN ~~IN REM FORECLOSUR E~~ IN THE ~~CIRCUIT 20~~
218		-	~~COURT FOR BALTIMORE CITY;~~ AND 21
	167	+	(V) ANY PERSON HAVING AN INTEREST IN THE PROPERTY 15
	168	+	WHOSE IDENTITY AND A DDRESS ARE: 16
219	169
220		-	~~(2) SERVE~~ THE ~~COMPLAINT TO EAC H INTERESTED PARTY IN 22~~
221		-	~~ACCORDANCE WITH THE MARYLAND RULES.~~ 23
	170	+	1. REASONABLY ASCERTAIN ABLE FROM THE COUNTY 17
	171	+	LAND RECORDS ; OR 18
222	172
223		-	(F) ALL TAXES SHALL: 24
	173	+	2. REVEALED BY A FULL TITLE SEARCH CONSIST ING OF 19
	174	+	AT LEAST 50 YEARS. 20
224	175
225		-	(1) ~~BE INCLUDED~~ IN ~~THE F ORECLOSURE ACTION ; AND 25~~
	176	+	(3) “TAX” HAS THE MEANING STAT ED IN § 14–801 OF THIS SUBTITLE . 21
226	177
227		-	(2) ~~CEASE TO BE A LIEN A GAINST THE PROPERTY IF A JUDGMENT IS 26~~
228		-	~~ENTERED FORECLOSING~~ THE ~~EXISTING INTERES TS OF ALL INTERESTED PARTIES~~ IN 27
229		-	~~THE PROPERTY~~. 28
	178	+	(B) BALTIMORE CITY MAY CONDUCT AN IN RE M FORECLOSURE AND SA LE 22
	179	+	OF RESIDENTIAL PROPERTY ON WHICH THE TAXES ARE IN ARREARS IN ACCORDANCE 23
	180	+	WITH THIS SECTION. 24
230	181
231		-	(G) THE COMPLAINT FOR AN IN REM FORECLOSURE S HALL INCLUDE : 29 6 HOUSE BILL 867
	182	+	(C) BALTIMORE CITY MAY FORECLOSE ON AND SELL A RESIDENTIAL 25
	183	+	PROPERTY ON WHICH THE TAXES A RE IN ARREARS UNDER THIS SECTION ONLY IF: 26
	184	+
	185	+	(1) AT LEAST 3 YEARS HAVE ELAPSED S INCE BALTIMORE CITY FIRST 27
	186	+	BEGAN MAKING DOCUMEN TED ATTEMPTS TO CONTACT TH E PROPERTY OWNER TO 28 HOUSE BILL 867 5
	187	+
	188	+
	189	+	OFFER ASSISTANCE WIT H PAYING THE TAXES IN ARREARS ; 1
	190	+
	191	+	(2) BALTIMORE CITY HAS MADE AT LEAST TE N ATTEMPTS TO 2
	192	+	CONTACT THE PROPERTY OWNER TO OFFER ASSISTANCE WITH PAYING THE TAXES 3
	193	+	IN ARREARS; AND 4
	194	+
	195	+	(3) THERE HAS BEEN NO AC TIVE PAYMENT PLAN FOR THE PAYMENT 5
	196	+	OF THE TAXES IN ARRE ARS ON THE PROPERTY FOR AT LEAST THE PRE CEDING 12 6
	197	+	MONTHS. 7
	198	+
	199	+	(D) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY MAY ESTABLISH : 8
	200	+
	201	+	(1) OBJECTIVE CRITERIA FOR WITHHOLD ING RESIDENTIAL 9
	202	+	PROPERTIES FROM FORE CLOSURE AND SALE UNDER THIS SECTION ; AND 10
	203	+
	204	+	(2) A PROCESS BY WHICH A PROPERTY OWNER MAY A PPEAL THE 11
	205	+	INCLUSION OF THE PROPERTY OWNER’S PROPERTY IN A FORE CLOSURE AND SALE 12
	206	+	UNDER THIS SECTION . 13
	207	+
	208	+	(E) TO INITIATE AN IN REM FORECLOSURE ACTION , BALTIMORE CITY 14
	209	+	SHALL: 15
	210	+
	211	+	(1) FILE A COMPLAINT FOR AN IN R EM FORECLOSURE IN TH E CIRCUIT 16
	212	+	COURT FOR BALTIMORE CITY; AND 17
	213	+
	214	+	(2) SERVE THE COMPLAINT TO EAC H INTERESTED PARTY IN 18
	215	+	ACCORDANCE WITH THE MARYLAND RULES. 19
	216	+
	217	+	(F) ALL TAXES SHALL: 20
	218	+
	219	+	(1) BE INCLUDED IN THE F ORECLOSURE ACTION ; AND 21
	220	+
	221	+	(2) CEASE TO BE A LIEN A GAINST THE PROPERTY IF A JUDGMENT IS 22
	222	+	ENTERED FORECLOSING THE EXISTING INTERES TS OF ALL INTERESTED PARTIES IN 23
	223	+	THE PROPERTY. 24
	224	+
	225	+	(G) THE COMPLAINT FOR AN IN REM FORECLOSURE S HALL INCLUDE : 25
	226	+
	227	+	(1) THE NAME AND ADDRESS OF THE APPROPRIATE AGENC Y OF 26
	228	+	BALTIMORE CITY; 27
	229	+
	230	+	(2) A DESCRIPTION OF THE PROPERTY AS IT APPEARS IN THE COUNTY 28
	231	+	LAND RECORDS ; 29 6 HOUSE BILL 867
232	232
233	233
234	234
235		-	(1) THE NAME AND ADDRESS OF THE APPROPRIAT E AGENCY OF 1
236		-	BALTIMORE CITY; 2
	235	+	(3) THE TAX IDENTIFICATI ON NUMBER OF THE PROPERTY; 1
237	236
238		-	(2) A ~~DESCRIPTION~~ OF ~~THE PROPERTY AS IT APPEARS IN THE COUNTY 3~~
239		-	~~LAND RECORDS~~ ; 4
	237	+	(4) A STATEMENT THAT THE TAXES ARE DELINQUENT AT THE TIME OF 2
	238	+	THE FILING; 3
240	239
241		-	(3) THE TAX IDENTIFICATI ON NUMBER OF THE PROPERTY; 5
	240	+	(5) THE AMOUNT OF TAXES THAT ARE DELINQUENT AS OF THE DATE 4
	241	+	OF THE FILING; 5
242	242
243		-	(4) A STATEMENT THAT THE TAXES ARE DELINQUENT AT THE TIME OF 6
244		-	THE FILING; 7
	243	+	(6) THE NAMES AND LAST K NOWN ADDRESSES OF AL L INTERESTED 6
	244	+	PARTIES IN THE PROPERTY AND, IF APPLICABLE, A STATEMENT THAT THE ADDRESS 7
	245	+	OF A PARTICULAR INTE RESTED PARTY IN THE PROPERTY IS UNKNOWN; AND 8
245	246
246		-	(5) THE AMOUNT O F TAXES THAT ARE DEL INQUENT AS OF THE DA TE 8
247		-	OF THE FILING; 9
	247	+	(7) A REQUEST THAT THE C IRCUIT COURT ENTER A JUDGMENT THAT 9
	248	+	FORECLOSES THE EXIST ING INTERESTS OF ALL INTERESTED PARTIES I N THE 10
	249	+	PROPERTY AND ORDERS THE PROPERTY TO BE SOLD AT PUBLIC AUCTION. 11
248	250
249		-	(6) ~~THE NAMES AND LAST K NOWN ADDRESSES OF AL L INTERESTED 10~~
250		-	~~PARTIES IN~~ THE ~~PROPERTY AND,~~ ~~IF APPLICABLE, A STATEMENT THAT THE ADDRESS 11~~
251		-	~~OF A PARTICULAR INTE RESTED PARTY~~ IN ~~THE PROPERTY IS UNKNOWN;~~ ~~AND 12~~
	251	+	(H) A COMPLAINT FOR AN IN REM FORECLOSURE MAY BE AMENDED TO 12
	252	+	INCLUDE ALL TAXES THAT BECOME DELINQUENT AFTER THE COMMENCEMENT OF 13
	253	+	THE IN REM FORECLOSU RE ACTION. 14
252	254
253		-	(7) A REQUEST THAT THE C IRCUIT COURT ENTER A JUDGMENT THAT 13
254		-	FORECLOSES THE EXIST ING INTERESTS OF ALL INTERESTED PARTIES I N THE 14
255		-	PROPERTY AND ORDERS THE PROPERTY TO BE SOLD AT PUBLIC AUCTION. 15
	255	+	(I) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 15
	256	+	INTERESTED PARTY HAS THE RIGHT TO CURE TH E DELINQUENT TAXES O N THE 16
	257	+	PROPERTY BY PAYING ALL PAST D UE TAXES AT A NY TIME BEFORE THE E NTRY OF 17
	258	+	THE FORECLOSURE JUDG MENT. 18
256	259
257		-	(H) A COMPLAINT FOR AN IN REM FORECLOSURE MAY BE AMENDED TO 16
258		-	INCLUDE ALL TAXES TH AT BECOME DELINQUENT AFTER THE COMMENCEME NT OF 17
259		-	THE IN REM FORECLOSU RE ACTION. 18
	260	+	(2) THE RIGHT TO CURE THE DELINQUENT TAXES ON THE PROPERTY 19
	261	+	IS EXTINGUISHED ONCE THE FORECLOSURE JUDG MENT IS ENTERED . 20
260	262
261		-	(I) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 19
262		-	INTERESTED PARTY HAS THE RIGHT TO CURE TH E DELINQUENT TAXES O N THE 20
263		-	PROPERTY BY PAYING ALL PAST D UE TAXES AT ANY TIME BEF ORE THE ENTRY OF 21
264		-	THE FORECLOSURE JUDG MENT. 22
	263	+	(J) A CIRCUIT COURT MAY NO T SET A HEARING FOR AN IN REM 21
	264	+	FORECLOSURE UNTIL 30 DAYS AFTER THE COMPLAIN T FOR AN IN REM 22
	265	+	FORECLOSURE IS FILED . 23
265	266
266		-	(2) THE RIGHT TO CURE THE DELINQUENT TAXES ON THE PROPERTY 23
267		-	IS EXTINGUISHED ONCE THE FORECLOSURE JUDG MENT IS ENTERED . 24
	267	+	(K) AT THE HEARING , ANY INTERESTED PARTY SHALL HAVE THE RIGHT TO 24
	268	+	BE HEARD AND TO CONT EST THE DELINQUENCY OF THE TAXES AND THE ADEQUACY 25
	269	+	OF THE PROCEEDINGS . 26
268	270
269		-	(J) A CIRCUIT COURT ~~MAY NO T SET A HEARING FOR AN IN REM 25~~
270		-	~~FORECLOSURE UNT IL 30 DAYS AFTER~~ THE ~~COMPL AINT FOR AN~~ IN ~~REM 26~~
271		-	~~FORECLOSURE~~ IS ~~FILED . 27~~
	271	+	(L) IF THE CIRCUIT COURT FINDS THAT THE COMPL AINT WAS SERVED ON 27
	272	+	EACH INTERESTED PART Y AND THAT THE INFOR MATION SET FORTH IN THE 28
	273	+	COMPLAINT IS ACCURAT E, THE COURT SHALL : 29
272	274
273		-	(K) AT THE HEARING , ANY INTERESTED PARTY SHALL HAVE THE RIGHT TO 28
274		-	BE HEARD AND TO CONT EST THE DELINQUENCY OF THE TAXES AND THE ADEQUACY 29
275		-	OF THE PROCEEDINGS . 30
276		-	HOUSE BILL 867 7
277		-
278		-
279		-	(L) IF THE CIRCUIT COURT FINDS THAT THE COMPLAINT WAS SERVED ON 1
280		-	EACH INTERESTED PART Y AND THAT THE INFOR MATION SET FORTH IN THE 2
281		-	COMPLAINT IS ACCURAT E, THE COURT SHALL : 3
282		-
283		-	(1) ENTER A JUDGMENT THA T PROPER NOTICE HAS BEEN PROVIDED 4
284		-	TO ALL INTERESTED PA RTIES; AND 5
285		-
286		-	(2) ORDER THAT THE PROPERTY BE SOLD AT PUBLIC AU CTION. 6
287		-
288		-	(M) (1) AFTER ENTRY OF JUDGME NT UNDER SUBSECTION (L) OF THIS 7
289		-	SECTION, BALTIMORE CITY SHALL SELL THE PROPERTY AT PUBLIC AUCTION IN 8
290		-	ACCORDANCE WITH THE MARYLAND RULES. 9
291		-
292		-	(2) THE PROPERTY MAY NOT BE SOLD UNTI L AT LEAST 45 DAYS AFTER 10
293		-	THE ENTRY OF JUDGMEN T. 11
294		-
295		-	(N) THE MINIMUM BID FOR T HE SALE OF THE PROPERTY SHALL BE BASED 12
296		-	ON THE FAIR MARKET V ALUE OF THE PROPERTY, AS DETERMINED BY BALTIMORE 13
297		-	CITY. 14
298		-
299		-	(O) (1) THE PROPERTY SHALL BE SOLD TO THE PERSON MAKING THE 15
300		-	HIGHEST BID. 16
301		-
302		-	(2) THE PERSON MAKING THE HIGHEST BID SHALL PA Y THE FULL BID 17
303		-	AMOUNT TO BALTIMORE CITY. 18
304		-
305		-	(3) IF THE MINIMUM BID IS NOT MADE OR EXCEEDED , BALTIMORE 19
306		-	CITY MAY BID THE MINIMUM BID PRICE AND PURCHA SE THE PROPERTY . 20
307		-
308		-	(P) (1) BALTIMORE CITY SHALL DEPOSIT ANY AM OUNT BY WHICH THE 21
309		-	HIGHEST BID EXCEEDS THE AMOUNT OF TAXES DUE ON THE PROPERTY IN AN 22
310		-	ESCROW ACCOUNT . 23
311		-
312		-	(2) THE CIRCUIT COURT SHA LL DISTRIBUTE THE FU NDS DEPOSITED 24
313		-	INTO THE ESCROW ACCO UNT TO THE INTERESTE D PARTIES IN THE ORD ER OF 25
314		-	PRIORITY OF THE INTERESTS O F THE INTERESTED PAR TIES. 26
315		-
316		-	(Q) AFTER A SALE, BALTIMORE CITY SHALL FILE A NOTICE INFORMING THE 27
317		-	CIRCUIT COURT OF THE SALE AND STATING THE DATE OF THE SALE , THE SALE 28
318		-	PRICE, AND THE IDENTITY OF THE PURCHASER . 29
319		-
320		-	(R) A SALE OF A PROPERTY UNDER THIS SECTION IS F INAL AND BINDING ON 30
321		-	THE MAKER OF THE HIG HEST BID. 31 8 HOUSE BILL 867
	275	+	(1) ENTER A JUDGMENT THA T PROPER NOTICE HAS BEEN PROVIDED 30
	276	+	TO ALL INTERESTED PA RTIES; AND 31 HOUSE BILL 867 7
322	277
323	278
324	279
325		-	(S) (1) THE TITLE ACQUIRED IN AN IN REM FORECLOSUR E PROCEEDING 1
326		-	SHALL BE AN ABSOLUTE OR FEE SIMPLE TITLE INCLUDING THE RIGHT , TITLE, AND 2
327		-	INTEREST OF EACH OF THE DEFENDANTS IN TH E PROCEEDING WHOSE PROPERTY 3
328		-	HAS BEEN FORECLOSED UNLESS A DIFFERENT T ITLE IS SPECIFIED IN THE 4
329		-	JUDGMENT ENTERED . 5
	280	+	(2) ORDER THAT THE PROPERTY BE SOLD AT PUBLIC AU CTION. 1
330	281
331		-	(2) A JUDGMENT IN AN ACTIO N UNDER THIS SECTION IS BINDING AND 6
332		-	CONCLUSIVE, REGARDLESS OF LEGAL DISABILITY, ON: 7
	282	+	(M) (1) AFTER ENTRY OF JUDGME NT UNDER SUBSECTION (L) OF THIS 2
	283	+	SECTION, BALTIMORE CITY SHALL SELL THE PROPERTY AT PUBLIC AUCTION IN 3
	284	+	ACCORDANCE WITH THE MARYLAND RULES. 4
333	285
334		-	(I) ALL PERSONS, KNOWN AND UNKNOWN , WHO WERE PARTIES 8
335		-	TO THE ACTION AND WH O HAD A CLAIM TO THE PROPERTY, WHETHER PRESENT OR 9
336		-	FUTURE, VESTED OR CONTINGENT , LEGAL OR EQUITABLE , OR SEVERAL OR 10
337		-	UNDIVIDED; AND 11
	286	+	(2) THE PROPERTY MAY NOT BE SOLD UNTI L AT LEAST 45 DAYS AFTER 5
	287	+	THE ENTRY OF JUDGMEN T. 6
338	288
339		-	(II) ~~ALL PERSONS WHO WERE NOT PARTIES TO~~ THE ~~A CTION AND 12~~
340		-	~~HAD A CLAIM TO~~ THE ~~P ROPERTY TH AT WAS NOT RECORDED AT~~ THE ~~TIME THAT THE 13~~
341		-	~~ACTION WAS COMMENCED~~ . 14
	289	+	(N) THE MINIMUM BID FOR T HE SALE OF THE PROPERTY SHALL BE BASED 7
	290	+	ON THE FAIR MARKET V ALUE OF THE PROPERTY, AS DETERMINED BY BALTIMORE 8
	291	+	CITY. 9
342	292
343		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
344		-	1, 2023. 16
	293	+	(O) (1) THE PROPERTY SHALL BE SOLD TO THE PERSON MAKING THE 10
	294	+	HIGHEST BID. 11
	295	+
	296	+	(2) THE PERSON MAKING THE HIGHEST BID SHALL PA Y THE FULL BID 12
	297	+	AMOUNT TO BALTIMORE CITY. 13
	298	+
	299	+	(3) IF THE MINIMUM BID IS NOT MADE OR EXCEEDED , BALTIMORE 14
	300	+	CITY MAY BID THE MINIMUM BID PRICE AND PURCHA SE THE PROPERTY . 15
	301	+
	302	+	(P) (1) BALTIMORE CITY SHALL DEPOSIT ANY AM OUNT BY WHICH THE 16
	303	+	HIGHEST BID EXCEEDS THE AMOUNT OF TAXES DUE ON THE PROPERTY IN AN 17
	304	+	ESCROW ACCOUNT . 18
	305	+
	306	+	(2) THE CIRCUIT COURT SHA LL DISTRIBUTE THE FU NDS DEPOSITED 19
	307	+	INTO THE ESCROW ACCO UNT TO THE INTERESTE D PARTIES IN THE OR DER OF 20
	308	+	PRIORITY OF THE INTE RESTS OF THE INTERES TED PARTIES. 21
	309	+
	310	+	(Q) AFTER A SALE, BALTIMORE CITY SHALL FILE A NOTICE INFORMING THE 22
	311	+	CIRCUIT COURT OF THE SALE AND STATING THE DATE OF THE SALE , THE SALE 23
	312	+	PRICE, AND THE IDENTITY OF THE PURCHASER . 24
	313	+
	314	+	(R) A SALE OF A PROPERTY UNDER THIS SECTION I S FINAL AND BINDING ON 25
	315	+	THE MAKER OF THE HIG HEST BID. 26
	316	+
	317	+	(S) (1) THE TITLE ACQUIRED IN AN IN REM FORECLOSUR E PROCEEDING 27
	318	+	SHALL BE AN ABSOLUTE OR FEE SIMPLE TITLE INCLUDING THE RIGHT , TITLE, AND 28
	319	+	INTEREST OF EACH OF THE DEFENDANTS IN THE PROCEEDING WH OSE PROPERTY 29
	320	+	HAS BEEN FORECLOSED UNLESS A DIFFERENT T ITLE IS SPECIFIED IN THE 30
	321	+	JUDGMENT ENTERED . 31 8 HOUSE BILL 867
345	322
346	323
347	324
348		-	Approved:
349		-	________________________________________________________________________________
350		-	Governor.
351		-	________________________________________________________________________________
352		-	Speaker of the House of Delegates.
353		-	________________________________________________________________________________
354		-	President of the Senate.
	325	+	(2) A JUDGMENT IN AN ACTIO N UNDER THIS SECTION IS BINDING AND 1
	326	+	CONCLUSIVE, REGARDLESS OF LEGAL DISABILITY, ON: 2
	327	+
	328	+	(I) ALL PERSONS, KNOWN AND UNKNOWN , WHO WERE PARTIES 3
	329	+	TO THE ACTION AND WH O HAD A CLAIM TO THE PROPERTY, WHETHER PRESENT OR 4
	330	+	FUTURE, VESTED OR CONTINGENT , LEGAL OR EQUITABLE , OR SEVERAL OR 5
	331	+	UNDIVIDED; AND 6
	332	+
	333	+	(II) ALL PERSONS WHO WERE NOT PARTIES TO THE A CTION AND 7
	334	+	HAD A CLAIM TO T HE PROPERTY THAT WAS NOT RECORDED AT THE TIME THAT THE 8
	335	+	ACTION WAS COMMENCED . 9
	336	+
	337	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
	338	+	1, 2023. 11