Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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 | *hb0921* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 921 | |
11 | 8 | Q2, Q1 3lr2092 | |
12 | 9 | CF SB 855 | |
13 | 10 | By: Delegate Smith | |
14 | 11 | Introduced and read first time: February 9, 2023 | |
15 | 12 | Assigned to: Ways and Means | |
16 | - | Committee Report: Favorable with amendments | |
17 | - | House action: Adopted | |
18 | - | Read second time: March 9, 2023 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | - | Baltimore City – Property Tax – In Rem Foreclosure of Vacant or Nuisance 2 | |
25 | - | Property 3 | |
18 | + | Property Tax – In Rem Foreclosure 2 | |
26 | 19 | ||
27 | - | FOR the purpose of authorizing certain vacant property and or nuisance property located 4 | |
28 | - | in Baltimore City to be subject to a certain in rem foreclosure process; requiring 5 | |
29 | - | service of a complaint for in rem foreclosure to be served in accordance with the 6 | |
30 | - | Maryland Rules; providing for the distribution of surplus proceeds from the sale of 7 | |
31 | - | property subject to an in rem foreclosure; authorizing an in rem foreclosure order to 8 | |
32 | - | be set aside under certain circumstances; providing for the redemption amounts 9 | |
33 | - | required to be paid when an in rem foreclosure is set aside; requiring certain 10 | |
34 | - | procedures for an in rem foreclosure; requiring Baltimore City to take certain actions 11 | |
35 | - | to compensate the interested parties in property that has value and is acquired 12 | |
36 | - | through an in rem foreclosure; specifying the title acquired in an in rem foreclosure; 13 | |
37 | - | specifying the circumstances under which an in rem foreclosure judgment may be 14 | |
38 | - | reopened; and generally relating to in rem foreclosure of vacant or nuisance property 15 | |
39 | - | in Baltimore City. 16 | |
20 | + | FOR the purpose of authorizing certain vacant property and nuisance property located in 3 | |
21 | + | Baltimore City to be subject to a certain in rem foreclosure process; requiring service 4 | |
22 | + | of a complaint for in rem foreclosure to be served in accordance with the Maryland 5 | |
23 | + | Rules; providing for the distribution of surplus proceeds from the sale of property 6 | |
24 | + | subject to an in rem foreclosure; authorizing an in rem foreclosure order to be set 7 | |
25 | + | aside under certain circumstances; providing for the redemption amounts required 8 | |
26 | + | to be paid when an in rem foreclosure is set aside; and generally relating to in rem 9 | |
27 | + | foreclosure of property. 10 | |
40 | 28 | ||
41 | - | BY repealing and reenacting, with amendments, | |
42 | - | Article – Tax – Property | |
43 | - | Section 14–874 through 14–876 | |
44 | - | Annotated Code of Maryland | |
45 | - | (2019 Replacement Volume and 2022 Supplement) | |
29 | + | BY repealing and reenacting, with amendments, 11 | |
30 | + | Article – Tax – Property 12 | |
31 | + | Section 14–874 through 14–876 13 | |
32 | + | Annotated Code of Maryland 14 | |
33 | + | (2019 Replacement Volume and 2022 Supplement) 15 | |
46 | 34 | ||
47 | - | BY adding to 22 | |
48 | - | Article – Tax – Property 23 2 HOUSE BILL 921 | |
35 | + | BY adding to 16 | |
36 | + | Article – Tax – Property 17 | |
37 | + | Section 14–877 and 14–878 18 | |
38 | + | Annotated Code of Maryland 19 | |
39 | + | (2019 Replacement Volume and 2022 Supplement) 20 | |
40 | + | ||
41 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
42 | + | That the Laws of Maryland read as follows: 22 | |
43 | + | ||
44 | + | Article – Tax – Property 23 | |
45 | + | ||
46 | + | 14–874. 24 | |
47 | + | 2 HOUSE BILL 921 | |
49 | 48 | ||
50 | 49 | ||
51 | - | Section 14–877 and 14–878 14–894 to be under the new part “Part VIII. Baltimore 1 | |
52 | - | City Judicial In Rem Foreclosure for Vacant or Nuisance Property” 2 | |
53 | - | Annotated Code of Maryland 3 | |
54 | - | (2019 Replacement Volume and 2022 Supplement) 4 | |
50 | + | (a) (1) [Real] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 1 | |
51 | + | SUBSECTION, REAL property may be subject to foreclosure and sale under this part only 2 | |
52 | + | if: 3 | |
55 | 53 | ||
56 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
57 | - | That the Laws of Maryland read as follows: 6 | |
54 | + | [(1)] (I) the property consists of a vacant lot or improved property cited 4 | |
55 | + | as vacant and unsafe or unfit for habitation or other authorized use on a housing or building 5 | |
56 | + | violation notice; and 6 | |
58 | 57 | ||
59 | - | Article – Tax – Property 7 | |
58 | + | [(2)] (II) the total amount of liens for unpaid taxes on the property exceeds 7 | |
59 | + | the lesser of the total value of the property as last determined by the Department or as 8 | |
60 | + | determined by an appraisal report prepared not more than 6 months before the filing of a 9 | |
61 | + | complaint under this section by a real estate appraiser who is licensed under Title 16 of the 10 | |
62 | + | Business Occupations and Professions Article. 11 | |
60 | 63 | ||
61 | - | 14–874. 8 | |
64 | + | (2) REAL PROPERTY LOCATED IN BALTIMORE CITY MAY BE SUBJECT 12 | |
65 | + | TO FORECLOSURE AND S ALE UNDER THIS PART IF: 13 | |
62 | 66 | ||
63 | - | (a) (1) [Real] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 9 | |
64 | - | SUBSECTION, REAL property may be subject to foreclosure and sale under this part only 10 | |
65 | - | if: 11 | |
67 | + | (I) THE PROPERTY IS A VA CANT PROPERTY OR A NUISANCE 14 | |
68 | + | PROPERTY, AS DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE; AND 15 | |
66 | 69 | ||
67 | - | [(1)] (I) the property consists of a vacant lot or improved property cited 12 | |
68 | - | as vacant and unsafe or unfit for habitation or other authorized use on a housing or building 13 | |
69 | - | violation notice; and 14 | |
70 | + | (II) THE TOTAL AMOUNT OF LIENS FOR UNPAID TAX ES ON THE 16 | |
71 | + | PROPERTY EXCEEDS A P ERCENTAGE OF THE TOT AL VALUE OF THE PROP ERTY SET 17 | |
72 | + | BY LOCAL ORDINANCE B ASED ON THE VALUE OF THE PROPER TY AS LAST 18 | |
73 | + | DETERMINED BY THE DEPARTMENT OR AS DETE RMINED BY AN APPRAIS AL REPORT 19 | |
74 | + | PREPARED NOT MORE TH AN 6 MONTHS BEFORE THE FI LING OF A COMPLAINT UNDER 20 | |
75 | + | THIS SECTION BY A RE AL ESTATE APPRAISER WHO IS LICENSED UNDE R TITLE 16 OF 21 | |
76 | + | THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE. 22 | |
70 | 77 | ||
71 | - | [(2)] (II) the total amount of liens for unpaid taxes on the property exceeds 15 | |
72 | - | the lesser of the total value of the property as last determined by the Department or as 16 | |
73 | - | determined by an appraisal report prepared not more than 6 months before the filing of a 17 | |
74 | - | complaint under this section by a real estate appraiser who is licensed under Title 16 of the 18 | |
75 | - | Business Occupations and Professions Article. 19 | |
78 | + | (b) (1) A county or municipal corporation may authorize by law an in rem 23 | |
79 | + | foreclosure in accordance with this part. 24 | |
76 | 80 | ||
77 | - | (2) REAL PROPERTY LOCATED IN BALTIMORE CITY MAY BE SUBJECT 20 | |
78 | - | TO FORECLOSURE AND S ALE UNDER THIS PART IF: 21 | |
81 | + | (2) A law that authorizes an in rem foreclosure shall: 25 | |
79 | 82 | ||
80 | - | (I) THE PROPERTY | |
81 | - | ||
83 | + | (i) state the date after which real property may be subject to in rem 26 | |
84 | + | foreclosure under this part; 27 | |
82 | 85 | ||
83 | - | (II) THE TOTAL AMOUNT OF LIENS FOR UNPAID TAX ES ON THE 24 | |
84 | - | PROPERTY EXCEEDS A P ERCENTAGE OF THE TOT AL VALUE OF THE PROP ERTY SET 25 | |
85 | - | BY LOCAL ORDINANCE B ASED ON THE VALUE OF THE PROPERTY AS LAST 26 | |
86 | - | DETERMINED BY THE DEPARTMENT OR AS DETE RMINED BY AN APPRAISAL REPO RT 27 | |
87 | - | PREPARED NOT MORE TH AN 6 MONTHS BEFORE THE FI LING OF A COMPLAINT UNDER 28 | |
88 | - | THIS SECTION BY A RE AL ESTATE APPRAISER WHO IS LICENSED UNDE R TITLE 16 OF 29 | |
89 | - | THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE. 30 | |
86 | + | (ii) establish criteria for designating real property to be foreclosed 28 | |
87 | + | under this part; 29 | |
90 | 88 | ||
91 | - | ( | |
92 | - | ||
89 | + | (iii) authorize the county or municipal corporation to file a complaint 30 | |
90 | + | for an in rem foreclosure under this part; and 31 | |
93 | 91 | ||
94 | - | (2) A law that authorizes an in rem foreclosure shall: 33 | |
92 | + | (iv) include administrative rules and procedures necessary to carry 32 | |
93 | + | out an in rem foreclosure under this part. 33 | |
95 | 94 | HOUSE BILL 921 3 | |
96 | 95 | ||
97 | 96 | ||
98 | - | (i) state the date after which real property may be subject to in rem 1 | |
99 | - | foreclosure under this part; 2 | |
97 | + | (c) (1) Subject to subsection (d) of this section, a county or municipal 1 | |
98 | + | corporation may authorize, by law, the sale of real property after an in rem foreclosure and 2 | |
99 | + | designate real property to be sold under this part. 3 | |
100 | 100 | ||
101 | - | ( | |
102 | - | ||
101 | + | (2) A law that authorizes a sale of real property after an in rem foreclosure 4 | |
102 | + | shall: 5 | |
103 | 103 | ||
104 | - | ( | |
105 | - | ||
104 | + | (i) state the date after which the real property may be subject to sale 6 | |
105 | + | after an in rem foreclosure under this part; 7 | |
106 | 106 | ||
107 | - | ( | |
108 | - | ||
107 | + | (ii) establish criteria for designating real property to be sold under 8 | |
108 | + | this part; and 9 | |
109 | 109 | ||
110 | - | (c) (1) Subject to subsection (d) of this section, a county or municipal 9 | |
111 | - | corporation may authorize, by law, the sale of real property after an in rem foreclosure and 10 | |
112 | - | designate real property to be sold under this part. 11 | |
110 | + | (iii) include administrative rules and procedures necessary to carry 10 | |
111 | + | out a sale under this part. 11 | |
113 | 112 | ||
114 | - | (2) A law that authorizes a sale of real property after an in rem foreclosure 12 | |
115 | - | shall: 13 | |
113 | + | (d) [Only] EXCEPT AS PROV IDED IN SUBSECTION (A)(2) OF THIS SECTION , 12 | |
114 | + | ONLY real property that consists of a vacant lot or improved property cited as vacant and 13 | |
115 | + | unsafe or unfit for habitation or other authorized use on a housing or building violation 14 | |
116 | + | notice may be sold under this part. 15 | |
116 | 117 | ||
117 | - | (i) state the date after which the real property may be subject to sale 14 | |
118 | - | after an in rem foreclosure under this part; 15 | |
118 | + | 14–875. 16 | |
119 | 119 | ||
120 | - | ( | |
121 | - | this part | |
120 | + | (a) A county or municipal corporation may file a complaint for an in rem 17 | |
121 | + | foreclosure action in accordance with this part. 18 | |
122 | 122 | ||
123 | - | ( | |
124 | - | ||
123 | + | (b) The county or municipal corporation may not file a complaint for an in rem 19 | |
124 | + | foreclosure action unless: 20 | |
125 | 125 | ||
126 | - | (d) [Only] EXCEPT AS PROVIDED IN SUBSECTION (A)(2) OF THIS SECTION , 20 | |
127 | - | ONLY real property that consists of a vacant lot or improved property cited as vacant and 21 | |
128 | - | unsafe or unfit for habitation or other authorized use on a housing or building violation 22 | |
129 | - | notice may be sold under this part. 23 | |
126 | + | (1) the tax on the real property has been delinquent for at least 6 months; 21 | |
127 | + | and 22 | |
130 | 128 | ||
131 | - | 14–875. 24 | |
129 | + | (2) (I) the right to appeal the notice of the property as vacant and 23 | |
130 | + | unsafe or unfit has tolled; OR 24 | |
132 | 131 | ||
133 | - | (a) A county or municipal corporation may file a complaint for an in rem 25 | |
134 | - | foreclosure action in accordance with this part. 26 | |
132 | + | (II) THE RIGHT TO APPEAL THE NOTICE OF THE PR OPERTY AS 25 | |
133 | + | VACANT PROPERTY OR A NUISANCE PROPERTY , AS DETERMINED UNDER THE 26 | |
134 | + | BALTIMORE CITY BUILDING CODE, HAS TOLLED. 27 | |
135 | 135 | ||
136 | - | (b) The county or municipal corporation may not file a complaint for an in rem 27 | |
137 | - | foreclosure action unless: 28 | |
136 | + | (c) All taxes shall: 28 | |
138 | 137 | ||
139 | - | (1) the tax on the real property has been delinquent for at least 6 months; 29 | |
140 | - | and 30 | |
138 | + | (1) be included in the foreclosure action; and 29 | |
141 | 139 | ||
142 | - | (2) | |
143 | - | ||
140 | + | (2) cease to be a lien against the real property if a judgment is entered 30 | |
141 | + | foreclosing the existing interests of all interested parties in the real property. 31 | |
144 | 142 | 4 HOUSE BILL 921 | |
145 | 143 | ||
146 | 144 | ||
147 | - | (II) THE RIGHT TO APPEAL THE NOTICE OF THE PR OPERTY AS 1 | |
148 | - | VACANT PROPERTY OR A NUISANCE PROPERTY , AS DETERMINED UNDER THE 2 | |
149 | - | BALTIMORE CITY BUILDING CODE, HAS TOLLED. 3 | |
145 | + | (d) The county or municipal corporation shall: 1 | |
150 | 146 | ||
151 | - | (c) All taxes shall: 4 | |
147 | + | (1) file the complaint for an in rem foreclosure in the circuit court of the 2 | |
148 | + | county where the real property is located; and 3 | |
152 | 149 | ||
153 | - | (1) be included in the foreclosure action; and 5 | |
150 | + | (2) [within 5 days after filing the complaint, send notice and a copy of] 4 | |
151 | + | SERVE the complaint to each interested party [by first–class mail and certified mail, 5 | |
152 | + | postage prepaid, return receipt requested, bearing a postmark from the United States 6 | |
153 | + | Postal Service] IN ACCORDA NCE WITH THE MARYLAND RULES. 7 | |
154 | 154 | ||
155 | - | (2) cease to be a lien against the real property if a judgment is entered 6 | |
156 | - | foreclosing the existing interests of all interested parties in the real property. 7 | |
155 | + | (e) The complaint for an in rem foreclosure shall include: 8 | |
157 | 156 | ||
158 | - | (d) The county or municipal corporation shall: 8 | |
157 | + | (1) the identity of the county or municipal corporation on behalf of which 9 | |
158 | + | the complaint is filed; 10 | |
159 | 159 | ||
160 | - | (1) file the complaint for an in rem foreclosure in the circuit court of the 9 | |
161 | - | county where the real property is located; and 10 | |
160 | + | (2) the name and address of the county or municipal corporation; 11 | |
162 | 161 | ||
163 | - | (2) [within 5 days after filing the complaint, send notice and a copy of] 11 | |
164 | - | SERVE the complaint to each interested party [by first–class mail and certified mail, 12 | |
165 | - | postage prepaid, return receipt requested, bearing a postmark from the United States 13 | |
166 | - | Postal Service] IN ACCORDANCE WITH T HE MARYLAND RULES. 14 | |
162 | + | (3) a description of the real property as it appears in the county land 12 | |
163 | + | records; 13 | |
167 | 164 | ||
168 | - | ( | |
165 | + | (4) the tax identification number of the real property; 14 | |
169 | 166 | ||
170 | - | (1) the identity of the county or municipal corporation on behalf of which 16 | |
171 | - | the complaint is filed; 17 | |
167 | + | (5) a statement that the taxes are delinquent at the time of the filing; 15 | |
172 | 168 | ||
173 | - | ( | |
169 | + | (6) the amount of taxes that are delinquent as of the date of filing; 16 | |
174 | 170 | ||
175 | - | (3) a description of the real property as it appears in the county land 19 | |
176 | - | records; 20 | |
171 | + | (7) the names and last known addresses of all interested parties in the real 17 | |
172 | + | property and, if applicable, a statement that the address of a particular interested party in 18 | |
173 | + | the real property is unknown; 19 | |
177 | 174 | ||
178 | - | ( | |
175 | + | (8) a statement that the real property is: 20 | |
179 | 176 | ||
180 | - | (5) a statement that the taxes are delinquent at the time of the filing; 22 | |
177 | + | (I) a vacant lot or improved property cited as vacant and unsafe or 21 | |
178 | + | unfit for habitation or other authorized use on a housing or building violation notice; OR 22 | |
181 | 179 | ||
182 | - | (6) the amount of taxes that are delinquent as of the date of filing; 23 | |
180 | + | (II) A VACANT PROPERTY OR A NUISANCE PROPERTY , AS 23 | |
181 | + | DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE; 24 | |
183 | 182 | ||
184 | - | (7) the names and last known addresses of all interested parties in the real 24 | |
185 | - | property and, if applicable, a statement that the address of a particular interested party in 25 | |
186 | - | the real property is unknown; 26 | |
183 | + | (9) copies of any violation notice cited under paragraph (8) of this 25 | |
184 | + | subsection; 26 | |
187 | 185 | ||
188 | - | (8) a statement that the real property is: 27 | |
189 | - | ||
190 | - | (I) a vacant lot or improved property cited as vacant and unsafe or 28 | |
191 | - | unfit for habitation or other authorized use on a housing or building violation notice; OR 29 | |
186 | + | (10) a request that the circuit court not schedule a hearing on the complaint 27 | |
187 | + | until 30 days after the date that the complaint is filed; and 28 | |
192 | 188 | HOUSE BILL 921 5 | |
193 | 189 | ||
194 | 190 | ||
195 | - | (II) A VACANT PROPERTY OR A NUISANCE PROPERTY , AS 1 | |
196 | - | DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE; 2 | |
191 | + | (11) a request that the circuit court enter a judgment that forecloses the 1 | |
192 | + | existing interests of all interested parties in the real property and orders ownership of the 2 | |
193 | + | real property to be transferred to the county or municipal corporation. 3 | |
197 | 194 | ||
198 | - | ( | |
199 | - | ||
195 | + | (f) A complaint for an in rem foreclosure may be amended to include all taxes 4 | |
196 | + | that become delinquent after the commencement of the in rem foreclosure action. 5 | |
200 | 197 | ||
201 | - | (10) a request that the circuit court not schedule a hearing on the complaint 5 | |
202 | - | until 30 days after the date that the complaint is filed; and 6 | |
198 | + | (g) (1) Subject to paragraph (2) of this subsection, an interested party has the 6 | |
199 | + | right to cure the delinquent taxes and liens on the real property by paying all past due fees, 7 | |
200 | + | payments, and penalties at any time before the entry of the foreclosure judgment. 8 | |
203 | 201 | ||
204 | - | (11) a request that the circuit court enter a judgment that forecloses the 7 | |
205 | - | existing interests of all interested parties in the real property and orders ownership of the 8 | |
206 | - | real property to be transferred to the county or municipal corporation. 9 | |
202 | + | (2) The right to cure the delinquent taxes and liens on the real property 9 | |
203 | + | extinguishes once the foreclosure judgment is entered. 10 | |
207 | 204 | ||
208 | - | (f) A complaint for an in rem foreclosure may be amended to include all taxes 10 | |
209 | - | that become delinquent after the commencement of the in rem foreclosure action. 11 | |
205 | + | 14–876. 11 | |
210 | 206 | ||
211 | - | (g) (1) Subject to paragraph (2) of this subsection, an interested party has the 12 | |
212 | - | right to cure the delinquent taxes and liens on the real property by paying all past due fees, 13 | |
213 | - | payments, and penalties at any time before the entry of the foreclosure judgment. 14 | |
207 | + | (a) A circuit court may not set a hearing for an in rem foreclosure until 30 days 12 | |
208 | + | after the complaint for an in rem foreclosure is filed. 13 | |
214 | 209 | ||
215 | - | ( | |
216 | - | ||
210 | + | (b) At the hearing, any interested party shall have the right to be heard and to 14 | |
211 | + | contest the delinquency of the taxes and the adequacy of the proceedings. 15 | |
217 | 212 | ||
218 | - | 14–876. 17 | |
213 | + | (c) If the circuit court finds that the county or municipal corporation sent notice 16 | |
214 | + | and a copy of the complaint to each interested party in accordance with § 14–875(d) of this 17 | |
215 | + | subtitle and that the information set forth in the complaint is accurate, the court shall: 18 | |
219 | 216 | ||
220 | - | (a) A circuit court may not set a hearing for an in rem foreclosure until 30 days 18 | |
221 | - | after the complaint for an in rem foreclosure is filed. 19 | |
217 | + | (1) enter a judgment that: 19 | |
222 | 218 | ||
223 | - | (b) At the hearing, any interested party shall have the right to be heard and to 20 | |
224 | - | contest the delinquency of the taxes and the adequacy of the proceedings. 21 | |
219 | + | (i) proper notice has been provided to all interested parties; and 20 | |
225 | 220 | ||
226 | - | (c) If the circuit court finds that the county or municipal corporation sent notice 22 | |
227 | - | and a copy of the complaint to each interested party in accordance with § 14–875(d) of this 23 | |
228 | - | subtitle and that the information set forth in the complaint is accurate, the court shall: 24 | |
221 | + | (ii) the real property is: 21 | |
229 | 222 | ||
230 | - | (1) enter a judgment that: 25 | |
223 | + | 1. a vacant lot or an improved property cited as vacant and 22 | |
224 | + | unsafe or unfit for habitation or other authorized use on a housing or building violation 23 | |
225 | + | notice; OR 24 | |
231 | 226 | ||
232 | - | (i) proper notice has been provided to all interested parties; and 26 | |
227 | + | 2. A VACANT PROPERTY OR A NUISANCE PROPERTY , AS 25 | |
228 | + | DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE; and 26 | |
233 | 229 | ||
234 | - | (ii) the real property is: 27 | |
230 | + | (2) order that ownership of the real property be transferred to the county 27 | |
231 | + | or municipal corporation on behalf of which the complaint was filed. 28 | |
235 | 232 | ||
236 | - | 1. a vacant lot or an improved property cited as vacant and 28 | |
237 | - | unsafe or unfit for habitation or other authorized use on a housing or building violation 29 | |
238 | - | notice; OR 30 | |
233 | + | (d) (1) The county or municipal corporation shall record a judgment under 29 | |
234 | + | subsection (c) of this section in the land records of the county. 30 | |
239 | 235 | 6 HOUSE BILL 921 | |
240 | 236 | ||
241 | 237 | ||
242 | - | 2. A VACANT PROPERTY OR A NUISANCE PROPERTY , AS 1 | |
243 | - | DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE; and 2 | |
238 | + | (2) The title acquired in an in rem foreclosure proceeding shall be an 1 | |
239 | + | absolute or fee simple title including the right, title, and interest of each of the defendants 2 | |
240 | + | in the proceeding whose property has been foreclosed unless a different title is specified in 3 | |
241 | + | the judgment entered. 4 | |
244 | 242 | ||
245 | - | ( | |
246 | - | ||
243 | + | (3) A judgment in an action under this part is binding and conclusive, 5 | |
244 | + | regardless of legal disability, on: 6 | |
247 | 245 | ||
248 | - | (d) (1) The county or municipal corporation shall record a judgment under 5 | |
249 | - | subsection (c) of this section in the land records of the county. 6 | |
246 | + | (i) all persons, known and unknown, who were parties to the action 7 | |
247 | + | and who had a claim to the property, whether present or future, vested or contingent, legal 8 | |
248 | + | or equitable, or several or undivided; and 9 | |
250 | 249 | ||
251 | - | (2) The title acquired in an in rem foreclosure proceeding shall be an 7 | |
252 | - | absolute or fee simple title including the right, title, and interest of each of the defendants 8 | |
253 | - | in the proceeding whose property has been foreclosed unless a different title is specified in 9 | |
254 | - | the judgment entered. 10 | |
250 | + | (ii) all persons who were not parties to the action and had a claim to 10 | |
251 | + | the property that was not recorded at the time that the action was commenced. 11 | |
255 | 252 | ||
256 | - | (3) A judgment in an action under this part is binding and conclusive, 11 | |
257 | - | regardless of legal disability, on: 12 | |
253 | + | 14–877. 12 | |
258 | 254 | ||
259 | - | (i) all persons, known and unknown, who were parties to the action 13 | |
260 | - | and who had a claim to the property, whether present or future, vested or contingent, legal 14 | |
261 | - | or equitable, or several or undivided; and 15 | |
255 | + | (A) IN THIS SECTION, “SURPLUS PROCEEDS ” MEANS THE PROCEEDS F ROM 13 | |
256 | + | THE SALE OF PROPERTY SOLD WITHIN 1 YEAR FROM WHEN THE P ROPERTY WAS 14 | |
257 | + | OBTAINED BY A COUNTY OR MUNICIPAL CORPORA TION THROUGH AN IN R EM 15 | |
258 | + | FORECLOSURE , THAT EXCEED THE SUM O F: 16 | |
262 | 259 | ||
263 | - | ( | |
264 | - | ||
260 | + | (1) THE DELINQUENT TAXES , FEES, AND PENALTIES ON THE 17 | |
261 | + | PROPERTY; AND 18 | |
265 | 262 | ||
266 | - | 14–877. 18 | |
263 | + | (2) THE VALUE OF ALL IMP ROVEMENTS MADE ON TH E PROPERTY AND 19 | |
264 | + | ALL COSTS INCURRED W ITH RESPECT TO DEVEL OPMENT OF THE PROPER TY PRIOR 20 | |
265 | + | TO THE SALE BY THE C OUNTY OR MUN ICIPAL CORPORATION . 21 | |
267 | 266 | ||
268 | - | (A) IN THIS SECTION, “SURPLUS PROCEEDS ” MEANS THE PROCEEDS F ROM 19 | |
269 | - | THE SALE OF PROPERTY SOLD WITHIN 1 YEAR FROM WHEN THE P ROPERTY WAS 20 | |
270 | - | OBTAINED BY A COUNTY OR MUNICIPAL CORPORA TION THROUGH AN IN R EM 21 | |
271 | - | FORECLOSURE , THAT EXCEED THE SUM OF: 22 | |
267 | + | (B) (1) SURPLUS PROCEEDS SHAL L BE HELD BY A COUNT Y OR 22 | |
268 | + | MUNICIPALITY FOR A P ERIOD OF 12 MONTHS. 23 | |
272 | 269 | ||
273 | - | (1) THE DELINQUENT TAXES , FEES, AND PENALTIES ON THE 23 | |
274 | - | PROPERTY; AND 24 | |
270 | + | (2) AFTER 12 MONTHS, SURPLUS PROCEEDS SHA LL BE DISTRIBUTED 24 | |
271 | + | TO ANY PERSON WITH A N OUTSTANDING CLAIM ON THE PROPERTY , IN ORDER OF 25 | |
272 | + | PRIORITY. 26 | |
275 | 273 | ||
276 | - | (2) THE VALUE OF ALL IMP ROVEMENTS MADE ON TH E PROPERTY AND 25 | |
277 | - | ALL COSTS INCURRED W ITH RESPECT TO DEVEL OPMENT OF THE PROPER TY PRIOR 26 | |
278 | - | TO THE SALE BY THE C OUNTY OR MUNICIPAL C ORPORATION . 27 | |
274 | + | (C) EACH COUNTY AND MUNIC IPALITY SHALL MAINTA IN A LIST OF 27 | |
275 | + | PROPERTIES OBTAINED THROUGH IN REM FOREC LOSURE THAT HAVE BEE N SOLD 28 | |
276 | + | WITHIN 1 YEAR FROM WHEN THE P ROPERTY WAS OBTAINED AND FOR WHICH THE 29 | |
277 | + | SALE HAS RESULTED IN SURPLUS PROCEEDS . 30 | |
279 | 278 | ||
280 | - | (B) (1) SURPLUS PROCEEDS SHAL L BE HE LD BY A COUNTY OR 28 | |
281 | - | MUNICIPALITY FOR A P ERIOD OF 12 MONTHS. 29 | |
282 | - | ||
283 | - | (2) AFTER 12 MONTHS, SURPLUS PROCEEDS SHA LL BE DISTRIBUTED 30 | |
284 | - | TO ANY PERSON WITH A N OUTSTANDING CLAIM ON THE PROPERTY , IN ORDER OF 31 | |
285 | - | PRIORITY. 32 | |
279 | + | 14–878. 31 | |
286 | 280 | HOUSE BILL 921 7 | |
287 | 281 | ||
288 | 282 | ||
289 | - | (C) EACH COUNTY AND MUNIC IPALITY SHALL MAINTA IN A LIST OF 1 | |
290 | - | PROPERTIES OBTAINED THROUGH IN REM FOREC LOSURE THAT HAVE BEE N SOLD 2 | |
291 | - | WITHIN 1 YEAR FROM WHEN THE P ROPERTY WAS OBTAINED AND FOR WHICH THE 3 | |
292 | - | SALE HAS RESULTED IN SURPLUS PROCEEDS . 4 | |
283 | + | (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 1 | |
284 | + | COURT MAY NOT REOPEN A JUDGMENT RENDERED IN AN IN REM FORECLO SURE 2 | |
285 | + | PROCEEDING IN ACCORD ANCE WITH THIS PART EXCEPT ON THE GROUND OF LACK 3 | |
286 | + | OF JURISDICTION OR F RAUD IN THE CONDUCT OF THE PROCEEDINGS T O 4 | |
287 | + | FORECLOSE. 5 | |
293 | 288 | ||
294 | - | 14–878. 5 | |
289 | + | (2) A COURT MAY NOT REOPEN ANY JUDGMENT UNDER P ARAGRAPH 6 | |
290 | + | (1) OF THIS SUBSECTION O N THE GROUND OF CONS TRUCTIVE FRAUD IN TH E 7 | |
291 | + | CONDUCT OF THE PROCE EDINGS TO FORECLOSE UNLESS AN APPLICATIO N TO 8 | |
292 | + | REOPEN A JUDGMENT RE NDERED IS FILED WITH IN 1 YEAR FROM T HE DATE OF THE 9 | |
293 | + | JUDGMENT. 10 | |
295 | 294 | ||
296 | - | (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 6 | |
297 | - | COURT MAY NOT REOPEN A JUDGMENT RENDERED IN AN IN REM FORECLO SURE 7 | |
298 | - | PROCEEDING IN ACCORD ANCE WITH THIS PART EXCEPT ON THE GROUND OF LACK 8 | |
299 | - | OF JURISDICTION OR F RAUD IN THE CONDUCT OF THE PROCEEDINGS T O 9 | |
300 | - | FORECLOSE. 10 | |
295 | + | (B) A PLAINTIFF IN AN ACTI ON TO REOPEN AN IN R EM FORECLOSURE 11 | |
296 | + | JUDGMENT SHALL : 12 | |
301 | 297 | ||
302 | - | (2) A COURT MAY NOT REOPEN ANY JUDGMENT UNDER PARAGRAPH 11 | |
303 | - | (1) OF THIS SUBSECTION O N THE GROUND OF CONS TRUCTIVE FRAUD IN TH E 12 | |
304 | - | CONDUCT OF THE PROCE EDINGS TO FORECLOSE UNLESS AN APPLICATIO N TO 13 | |
305 | - | REOPEN A JUDGMENT RE NDERED IS FILED WITH IN 1 YEAR FROM THE DATE O F THE 14 | |
306 | - | JUDGMENT. 15 | |
298 | + | (1) EXCEPT AS PROVIDED I N SUBSECTION (A)(2) OF THIS SECTION , 13 | |
299 | + | FILE THE ACTION WITH IN 3 YEARS OF THE ISSUANC E OF THE IN REM FORE CLOSURE 14 | |
300 | + | JUDGMENT; AND 15 | |
307 | 301 | ||
308 | - | (B) A PLAINTIFF IN AN ACTI ON TO REOPEN AN IN REM FOR ECLOSURE 16 | |
309 | - | JUDGMENT SHALL : 17 | |
302 | + | (2) WITHIN 30 DAYS OF FILING THE A CTION, SUBMIT EVIDENCE TO 16 | |
303 | + | THE COURT THAT THE P LAINTIFF HAS OBTAINE D A BOND EQUAL TO TH E 17 | |
304 | + | REASONABLE VALUE OF THE PROPERTY . 18 | |
310 | 305 | ||
311 | - | (1) EXCEPT AS PROVIDED I N SUBSECTION (A)(2) OF THIS SECTION , 18 | |
312 | - | FILE THE ACTION WITH IN 3 YEARS OF THE ISSUANC E OF THE IN REM FORE CLOSURE 19 | |
313 | - | JUDGMENT; AND 20 | |
306 | + | (C) IF AN IN REM FORECLOS URE JUDGMENT OF THE COURT IS SET ASIDE , 19 | |
307 | + | THE AMOUNT REQUIRED TO REDEEM IS: 20 | |
314 | 308 | ||
315 | - | (2) WITHIN 30 DAYS OF FILING THE A CTION, SUBMIT EVIDENCE TO 21 | |
316 | - | THE COURT THAT THE P LAINTIFF HAS OBTAINE D A BOND EQUAL TO TH E 22 | |
317 | - | REASONABLE VALUE OF THE PROPERTY . 23 | |
309 | + | (1) THE AMOUNT REQUIRED BY THIS SUBTITLE; AND 21 | |
318 | 310 | ||
319 | - | (C) IF AN IN REM FORECLOS URE JUDGMENT OF THE COURT IS SET ASIDE , 24 | |
320 | - | THE AMOUNT REQUIRED TO REDEEM IS: 25 | |
311 | + | (2) THE REASONABLE VALUE , AT THE DATE THE JUDG MENT IS SET 22 | |
312 | + | ASIDE, OF ALL IMPROVEMENTS MADE ON THE PROPERTY AND ALL COSTS INCURR ED 23 | |
313 | + | WITH RESPECT TO DEVE LOPMENT OF THE PROPE RTY BY THE PURCHASER AND THE 24 | |
314 | + | PURCHASER’S SUCCESSORS IN INTE REST. 25 | |
321 | 315 | ||
322 | - | (1) THE AMOUNT REQUIRED BY THIS SUBTITLE; AND 26 | |
316 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 | |
317 | + | October 1, 2023. 27 | |
323 | 318 | ||
324 | - | (2) THE REASONABLE VALUE , AT THE DATE THE JUDG MENT IS SET 27 | |
325 | - | ASIDE, OF ALL IMPROVEMENTS MADE ON THE PROPERTY AND ALL COSTS INCURR ED 28 | |
326 | - | WITH RESPECT TO DEVE LOPMENT OF THE PROPE RTY BY THE PURCHASER AND THE 29 | |
327 | - | PURCHASER ’S SUCCESSORS IN INTE REST. 30 | |
328 | - | ||
329 | - | 14–892. RESERVED. 31 | |
330 | - | ||
331 | - | 14–893. RESERVED. 32 | |
332 | - | 8 HOUSE BILL 921 | |
333 | - | ||
334 | - | ||
335 | - | PART VIII. BALTIMORE CITY JUDICIAL IN REM FORECLOSURE FOR VACANT OR 1 | |
336 | - | NUISANCE PROPERTY. 2 | |
337 | - | ||
338 | - | 14–894. 3 | |
339 | - | ||
340 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 4 | |
341 | - | INDICATED. 5 | |
342 | - | ||
343 | - | (2) “INTERESTED PARTY ” MEANS ANY PERSON HAV ING AN INTEREST 6 | |
344 | - | IN A VACANT OR NUISA NCE PROPERTY : 7 | |
345 | - | ||
346 | - | (I) WHO LAST APPEARS AS OWNER OF THE PROPERT Y ON THE 8 | |
347 | - | COLLECTOR’S TAX ROLL; 9 | |
348 | - | ||
349 | - | (II) WHO IS A MORTGAGEE O F THE PROPERTY OR AS SIGNEE OF 10 | |
350 | - | A MORTGAGE OF RECORD ; 11 | |
351 | - | ||
352 | - | (III) WHO IS A HOLDER OF A BENEFICIAL INTE REST IN A DEED OF 12 | |
353 | - | TRUST RECORDED AGAIN ST THE PROPERTY ; 13 | |
354 | - | ||
355 | - | (IV) WHO IS A TAXING AGEN CY THAT HAS THE AUTH ORITY TO 14 | |
356 | - | COLLECT TAX ON THE P ROPERTY; OR 15 | |
357 | - | ||
358 | - | (V) WHOSE IDENTITY AND A DDRESS ARE: 16 | |
359 | - | ||
360 | - | 1. REASONABLY ASCERTAIN ABLE FROM THE COUNTY 17 | |
361 | - | LAND RECORDS ; OR 18 | |
362 | - | ||
363 | - | 2. REVEALED BY A FULL T ITLE SEARCH CONSISTI NG OF 19 | |
364 | - | AT LEAST 50 YEARS. 20 | |
365 | - | ||
366 | - | (3) “TAX” HAS THE MEANING STAT ED IN § 14–801 OF THIS SUBTITLE . 21 | |
367 | - | ||
368 | - | (4) “VACANT OR NUISANCE PR OPERTY” MEANS A VACANT LOT O R 22 | |
369 | - | IMPROVED PROPERTY DE TERMINED TO BE A VAC ANT PROPERTY OR A NU ISANCE 23 | |
370 | - | PROPERTY UNDER THE BALTIMORE CITY BUILDING CODE. 24 | |
371 | - | ||
372 | - | (5) “VALUE” MEANS THAT THE TOTAL AMOUNT OF LIENS FOR UNPAID 25 | |
373 | - | TAXES ON A PROPERTY DOES NOT EXCEED THE LESSER OF THE TOTAL VALUE OF THE 26 | |
374 | - | PROPERTY AS LAST DET ERMINED BY THE DEPARTMENT OR AS DETE RMINED BY AN 27 | |
375 | - | APPRAISAL REPORT PRE PARED NOT MORE THAN 6 MONTHS BEFORE THE FI LING OF 28 | |
376 | - | A COMPLAINT UNDER TH IS SECTION BY A REAL ESTATE APPRAISER WHO IS 29 | |
377 | - | LICENSED UNDER TITLE 16 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 30 | |
378 | - | ARTICLE. 31 HOUSE BILL 921 9 | |
379 | - | ||
380 | - | ||
381 | - | ||
382 | - | (B) (1) IN ACCORDANCE WITH TH IS SECTION, BALTIMORE CITY MAY 1 | |
383 | - | AUTHORIZE, BY LAW, AN IN REM FORECLOSUR E OF VACANT OR NUISA NCE PROPERTY 2 | |
384 | - | ON WHICH THE TAXES A RE IN ARREARS. 3 | |
385 | - | ||
386 | - | (2) A LAW THAT AUTHORIZES AN IN REM FO RECLOSURE OF VACANT 4 | |
387 | - | OR NUISANCE PROPERTY SHALL: 5 | |
388 | - | ||
389 | - | (I) STATE THE DATE AFTER WHICH REAL PROPERTY MAY BE 6 | |
390 | - | SUBJECT TO IN REM FO RECLOSURE; 7 | |
391 | - | ||
392 | - | (II) ESTABLISH CRITERIA F OR DESIGNATING REAL PROPERTY 8 | |
393 | - | TO BE FORECLOSED UND ER THIS SECTION; 9 | |
394 | - | ||
395 | - | (III) AUTHORIZE BALTIMORE CITY TO FILE A COMPLA INT FOR 10 | |
396 | - | AN IN REM FORECLOSUR E; AND 11 | |
397 | - | ||
398 | - | (IV) INCLUDE ADMINISTRATI VE RULES AND PROCEDU RES 12 | |
399 | - | NECESSARY TO CARRY O UT AN IN REM FORECLO SURE OF VACANT OR NU ISANCE 13 | |
400 | - | PROPERTY. 14 | |
401 | - | ||
402 | - | (C) BALTIMORE CITY MAY NOT FILE A C OMPLAINT FOR AN IN R EM 15 | |
403 | - | FORECLOSURE ACTION U NDER THIS SECTION UN LESS: 16 | |
404 | - | ||
405 | - | (1) THE TAXES ON THE REA L PROPERTY HAVE BEEN DELINQUENT 17 | |
406 | - | FOR AT LEAST 6 MONTHS; AND 18 | |
407 | - | ||
408 | - | (2) THE RIGHT TO APPEAL THE NOTICE OF THE PR OPERTY AS VACANT 19 | |
409 | - | OR NUISANCE PROPERTY HAS TOLLED. 20 | |
410 | - | ||
411 | - | (D) TO INITIATE AN IN REM FORECLOSURE ACTION , BALTIMORE CITY 21 | |
412 | - | SHALL: 22 | |
413 | - | ||
414 | - | (1) FILE A COMPLAINT FOR AN IN REM FORECLOSUR E IN THE CIRCUIT 23 | |
415 | - | COURT FOR BALTIMORE CITY; AND 24 | |
416 | - | ||
417 | - | (2) SERVE THE COMPLAINT TO EACH INTERESTED P ARTY IN 25 | |
418 | - | ACCORDANCE WITH THE MARYLAND RULES. 26 | |
419 | - | ||
420 | - | (E) ALL TAXES SHALL: 27 | |
421 | - | ||
422 | - | (1) BE INCLUDED IN THE F ORECLOSURE ACTION ; AND 28 | |
423 | - | 10 HOUSE BILL 921 | |
424 | - | ||
425 | - | ||
426 | - | (2) CEASE TO BE A LIEN A GAINST THE PROPERTY IF A JUDGMENT IS 1 | |
427 | - | ENTERED FORECLOSING THE EXISTING INTERES TS OF ALL INTERESTED PARTIES IN 2 | |
428 | - | THE PROPERTY . 3 | |
429 | - | ||
430 | - | (F) THE COMPLAINT FOR AN IN REM FORECLOSURE S HALL INCLUDE : 4 | |
431 | - | ||
432 | - | (1) THE NAME AND ADDRESS OF THE APPROPRIATE A GENCY OF 5 | |
433 | - | BALTIMORE CITY; 6 | |
434 | - | ||
435 | - | (2) A DESCRIPTION OF THE PROPERTY AS IT APPEA RS IN THE LAND 7 | |
436 | - | RECORDS; 8 | |
437 | - | ||
438 | - | (3) THE TAX IDENTIFICATI ON NUMBER OF THE PRO PERTY; 9 | |
439 | - | ||
440 | - | (4) A STATEMENT THAT THE TAXES ARE DELINQUENT AT THE TIME OF 10 | |
441 | - | THE FILING; 11 | |
442 | - | ||
443 | - | (5) THE AMOUNT OF TAXES THAT ARE DELINQUENT AS OF THE DATE 12 | |
444 | - | OF THE FILING; 13 | |
445 | - | ||
446 | - | (6) THE NAMES AND LAST K NOWN ADDRESSES OF AL L INTERESTED 14 | |
447 | - | PARTIES IN THE PROPE RTY AND, IF APPLICABLE, A STATEMENT THAT THE ADDRESS 15 | |
448 | - | OF A PARTICULAR INTE RESTED PARTY IN THE PROPE RTY IS UNKNOWN ; 16 | |
449 | - | ||
450 | - | (7) A STATEMENT THAT THE REAL PROPERTY IS A V ACANT OR 17 | |
451 | - | NUISANCE PROPERTY ; 18 | |
452 | - | ||
453 | - | (8) COPIES OF ANY VIOLAT ION NOTICE CITED UND ER ITEM (7) OF 19 | |
454 | - | THIS SUBSECTION ; AND 20 | |
455 | - | ||
456 | - | (9) A REQUEST THAT THE C IRCUIT COURT ENTER A JUDGMENT THAT 21 | |
457 | - | FORECLOSES THE EXIST ING INTERESTS OF ALL INTERESTED PARTIES I N THE REAL 22 | |
458 | - | PROPERTY. 23 | |
459 | - | ||
460 | - | (G) A COMPLAINT FOR AN IN REM FORECLOSURE MAY BE AMENDED TO 24 | |
461 | - | INCLUDE ALL TAXES TH AT BECOME DELINQUENT AFTER THE COMMENCEME NT OF 25 | |
462 | - | THE IN REM FORECLOSU RE ACTION. 26 | |
463 | - | ||
464 | - | (H) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 27 | |
465 | - | INTERESTED PARTY HAS THE RIGHT TO CURE TH E DELINQUENT TAXES O N THE 28 | |
466 | - | PROPERTY BY PAYING A LL PAST DUE TAXES AT ANY TIME BEFORE THE ENTRY OF 29 | |
467 | - | THE FORECLOSURE JUDG MENT. 30 | |
468 | - | HOUSE BILL 921 11 | |
469 | - | ||
470 | - | ||
471 | - | (2) THE RIGHT TO CURE THE DELINQUENT TAXE S ON THE PROPERTY 1 | |
472 | - | IS EXTINGUISHED ONCE THE FORECLOSURE JUDG MENT IS ENTERED . 2 | |
473 | - | ||
474 | - | (I) THE CIRCUIT COURT MAY NOT SET A HEARING FO R AN IN REM 3 | |
475 | - | FORECLOSURE UNTIL 30 DAYS AFTER THE COMPL AINT FOR AN IN REM 4 | |
476 | - | FORECLOSURE IS FILED . 5 | |
477 | - | ||
478 | - | (J) AT THE HEARING , ANY INTERESTED P ARTY SHALL HAVE THE RIGHT TO 6 | |
479 | - | BE HEARD AND TO CONT EST THE DELINQUENCY OF THE TAXES AND THE ADEQUACY 7 | |
480 | - | OF THE PROCEEDINGS . 8 | |
481 | - | ||
482 | - | (K) IF THE CIRCUIT COURT FINDS THAT THE COMPL AINT WAS SERVED ON 9 | |
483 | - | EACH INTERESTED PART Y AND THAT THE INFOR MATION SET FORTH IN THE 10 | |
484 | - | COMPLAINT IS ACCURAT E, THE COURT SHALL : 11 | |
485 | - | ||
486 | - | (1) ENTER A JUDGMENT THA T: 12 | |
487 | - | ||
488 | - | (I) PROPER NOTICE HAS BE EN PROVIDED TO ALL I NTERESTED 13 | |
489 | - | PARTIES; 14 | |
490 | - | ||
491 | - | (II) THE REAL PROPERTY IS A VACANT OR NUISANCE PROPERTY; 15 | |
492 | - | AND 16 | |
493 | - | ||
494 | - | (III) FORECLOSES THE EXIST ING INTERESTS OF ALL 17 | |
495 | - | INTERESTED PARTIES IN THE REAL PROPERTY ; AND 18 | |
496 | - | ||
497 | - | (2) ORDER THAT OWNERSHIP OF THE REAL PROPERTY BE 19 | |
498 | - | TRANSFERRED TO BALTIMORE CITY. 20 | |
499 | - | ||
500 | - | (L) BALTIMORE CITY SHALL RECORD A J UDGMENT UNDER SUBSEC TION (K) 21 | |
501 | - | OF THIS SECTION IN T HE LAND RECORDS . 22 | |
502 | - | ||
503 | - | (M) (1) IF PROPERTY SUBJECT T O FORECLOSURE UNDER THIS SECTION 23 | |
504 | - | HAS VALUE, BALTIMORE CITY SHALL: 24 | |
505 | - | ||
506 | - | (I) SELL THE PROPERTY AT PUBLIC AUCTION IN AC CORDANCE 25 | |
507 | - | WITH SUBSECTION (N) OF THIS SECTION; OR 26 | |
508 | - | ||
509 | - | (II) COMPENSATE THE INTER ESTED PARTIES IN THE PROPERTY 27 | |
510 | - | IN ACCORDA NCE WITH SUBSECTION (O) OF THIS SECTION. 28 | |
511 | - | ||
512 | - | (2) IF PROPERTY SUBJECT T O FORECLOSURE UNDER THIS SECTION 29 | |
513 | - | DOES NOT HAVE VALUE , BALTIMORE CITY MAY RETAIN TITLE TO THE PROPERTY 30 | |
514 | - | WITHOUT PROVIDING CO MPENSATION TO THE IN TERESTED PARTIES . 31 12 HOUSE BILL 921 | |
515 | - | ||
516 | - | ||
517 | - | ||
518 | - | (N) (1) A SALE OF PROPERTY SUBJECT TO FORECLOSURE UNDER TH IS 1 | |
519 | - | SECTION SHALL BE CON DUCTED AT PUBLIC AUC TION IN ACCORDANCE W ITH THE 2 | |
520 | - | MARYLAND RULES. 3 | |
521 | - | ||
522 | - | (2) PROPERTY MAY NOT BE S OLD UNTIL AT LEAST 45 DAYS AFTER THE 4 | |
523 | - | ENTRY OF JUDGMENT OF FORECLOSURE . 5 | |
524 | - | ||
525 | - | (3) THE MINIMUM BID FOR T HE SALE OF THE PROPERTY SHALL BE 6 | |
526 | - | THE TOTAL AMOUNT OF LIENS FOR UNPAID TAX ES ON THE PROPERTY . 7 | |
527 | - | ||
528 | - | (4) THE PROPERTY SHALL BE SOLD TO THE PERSON M AKING THE 8 | |
529 | - | HIGHEST BID. 9 | |
530 | - | ||
531 | - | (5) THE PERSON MAKING THE HIGHEST BID SHALL PA Y THE FULL BID 10 | |
532 | - | AMOUNT TO BALTIMORE CITY. 11 | |
533 | - | ||
534 | - | (6) IF THE MINIMUM BID IS NOT MADE OR EXCEEDED , BALTIMORE 12 | |
535 | - | CITY MAY BID THE MINI MUM BID PRICE AND PU RCHASE THE PROPERTY . 13 | |
536 | - | ||
537 | - | (7) BALTIMORE CITY SHALL DEPOSIT IN AN ESCROW ACCOUNT AN Y 14 | |
538 | - | AMOUNT BY WHICH THE HIGHEST BID EXCEEDS : 15 | |
539 | - | ||
540 | - | (I) THE AMOUNT OF TAXES DUE ON THE PROPERTY ; AND 16 | |
541 | - | ||
542 | - | (II) THE VALUE OF ALL IMP ROVEMENTS MADE ON TH E 17 | |
543 | - | PROPERTY AND ALL COS TS INCURRED WITH RES PECT TO DEVELOPMENT OF THE 18 | |
544 | - | PROPERTY BEFORE THE SALE OF THE PROPERTY BY BALTIMORE CITY. 19 | |
545 | - | ||
546 | - | (8) THE CIRCUIT COURT SHA LL DISTRIBUTE THE FU NDS DEPOSITED 20 | |
547 | - | INTO THE ESCROW ACCO UNT TO THE INTERESTE D PARTIES IN THE ORD ER OF 21 | |
548 | - | PRIORITY OF THE INTE RESTS OF THE INTERES TED PARTIES. 22 | |
549 | - | ||
550 | - | (9) AFTER A SALE , BALTIMORE CITY SHALL FILE A NOT ICE 23 | |
551 | - | INFORMING THE CIRCUI T COURT OF THE SALE AND STATING THE DATE OF THE SALE, 24 | |
552 | - | THE SALE PRICE, AND THE IDENTITY OF THE PURCHASER . 25 | |
553 | - | ||
554 | - | (10) A SALE OF A PROPERTY U NDER THIS SECTION IS FINAL AND 26 | |
555 | - | BINDING ON THE MAKER OF THE HIGHEST BID . 27 | |
556 | - | ||
557 | - | (O) (1) TO COMPENSATE THE INT ERESTED PARTIES IN A PROPERTY THAT 28 | |
558 | - | HAS VALUE WITHOUT SE LLING THE PROPERTY , BALTIMORE CITY SHALL: 29 | |
559 | - | HOUSE BILL 921 13 | |
560 | - | ||
561 | - | ||
562 | - | (I) OBTAIN AN APPRAISAL OF THE PROPERTY BY A REAL 1 | |
563 | - | ESTATE APPRAISER WHO IS LICENSED UNDER TITLE 16 OF THE BUSINESS 2 | |
564 | - | OCCUPATIONS AND PROFESSIONS ARTICLE; AND 3 | |
565 | - | ||
566 | - | (II) DEPOSIT IN AN ESCROW ACCOUNT THE AMOUNT B Y WHICH 4 | |
567 | - | THE APPRAISAL EXCEED S THE AMOUNT OF TAXE S DUE ON THE PROPERT Y. 5 | |
568 | - | ||
569 | - | (2) THE CIRCUIT COURT SHA LL DISTRIBUTE THE FU NDS DEPOSITED 6 | |
570 | - | INTO THE ESCROW ACCO UNT TO THE INTERESTE D PARTIES IN THE ORD ER OF 7 | |
571 | - | PRIORITY OF THE INTERESTS OF THE INT ERESTED PARTIES . 8 | |
572 | - | ||
573 | - | (P) (1) THE TITLE ACQUIRED IN AN IN REM FORECLOSUR E PROCEEDING 9 | |
574 | - | SHALL BE AN ABSOLUTE OR FEE SIMPLE TITLE INCLUDING THE RIGHT , TITLE, AND 10 | |
575 | - | INTEREST OF EACH OF THE DEFENDANTS IN TH E PROCEEDING WHOSE P ROPERTY 11 | |
576 | - | HAS BEEN FOR ECLOSED UNLESS A DIF FERENT TITLE IS SPEC IFIED IN THE 12 | |
577 | - | JUDGMENT ENTERED . 13 | |
578 | - | ||
579 | - | (2) A JUDGMENT IN AN ACTIO N UNDER THIS SECTION IS BINDING AND 14 | |
580 | - | CONCLUSIVE, REGARDLESS OF LEGAL DISABILITY, ON: 15 | |
581 | - | ||
582 | - | (I) ALL PERSONS, KNOWN AND UNKNOWN , WHO WERE PARTIES 16 | |
583 | - | TO THE ACTION A ND WHO HAD A CLAIM T O THE PROPERTY , WHETHER PRESENT OR 17 | |
584 | - | FUTURE, VESTED OR CONTINGENT , LEGAL OR EQUITABLE , OR SEVERAL OR 18 | |
585 | - | UNDIVIDED; AND 19 | |
586 | - | ||
587 | - | (II) ALL PERSONS WHO WERE NOT PARTIES TO THE A CTION AND 20 | |
588 | - | HAD A CLAIM TO THE P ROPERTY THAT WAS NOT RECORDED AT THE TIME THAT THE 21 | |
589 | - | ACTION WAS COMMENCED . 22 | |
590 | - | ||
591 | - | (Q) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 23 | |
592 | - | COURT MAY NOT REOPEN A JUDGMENT RENDERED IN AN IN REM FORECLO SURE 24 | |
593 | - | PROCEEDING IN ACCORD ANCE WITH THIS SECTI ON EXCEPT ON THE GRO UND OF 25 | |
594 | - | LACK OF JURISDICTION OR FRAUD IN THE CONDUCT OF THE PROCEEDINGS T O 26 | |
595 | - | FORECLOSE. 27 | |
596 | - | ||
597 | - | (2) A COURT MAY NOT REOPEN ANY JUDGMENT UNDER P ARAGRAPH 28 | |
598 | - | (1) OF THIS SUBSECTION O N THE GROUND OF CONS TRUCTIVE FRAUD IN TH E 29 | |
599 | - | CONDUCT OF THE PROCE EDINGS TO FORECLOSE UNLESS AN APPLICATIO N TO 30 | |
600 | - | REOPEN A JU DGMENT RENDERED IS F ILED WITHIN 1 YEAR AFTER THE DATE OF THE 31 | |
601 | - | JUDGMENT. 32 | |
602 | - | ||
603 | - | (R) A PLAINTIFF IN AN ACTI ON TO REOPEN AN IN R EM FORECLOSURE 33 | |
604 | - | JUDGMENT UNDER THIS SECTION SHALL : 34 | |
605 | - | 14 HOUSE BILL 921 | |
606 | - | ||
607 | - | ||
608 | - | (1) EXCEPT AS PROVIDED I N SUBSECTION (Q)(2) OF THIS SECTION , 1 | |
609 | - | FILE THE ACTION WITH IN 3 YEARS AFTER THE ISSU ANCE OF THE IN REM 2 | |
610 | - | FORECLOSURE JUDGMENT ; 3 | |
611 | - | ||
612 | - | (2) PAY ALL TAXES DUE ON THE PROPERTY BEFORE FILING THE 4 | |
613 | - | ACTION; AND 5 | |
614 | - | ||
615 | - | (3) WITHIN 30 DAYS AFTER FILING TH E ACTION, SUBMIT EVIDENCE 6 | |
616 | - | TO THE COURT THAT TH E PLAINTIFF HAS OBTA INED A BOND EQUAL TO THE 7 | |
617 | - | REASONABLE VALUE OF THE PROPERTY . 8 | |
618 | - | ||
619 | - | (S) IF AN IN REM FORECLOS URE JUDGMENT OF THE COURT IS SET ASIDE , 9 | |
620 | - | THE AMOUNT REQUIRED TO REDEEM IS EQUAL T O THE SUM OF: 10 | |
621 | - | ||
622 | - | (1) THE AMOUNT REQUIRED BY TH IS SUBTITLE; AND 11 | |
623 | - | ||
624 | - | (2) THE REASONABLE VALUE , AT THE DATE THE JUDG MENT IS SET 12 | |
625 | - | ASIDE, OF ALL IMPROVEMENTS MADE ON THE PROPERTY AND ALL COSTS INCURR ED 13 | |
626 | - | WITH RESPECT TO DEVE LOPMENT OF THE PROPE RTY BY THE PURCHASER AND THE 14 | |
627 | - | PURCHASER ’S SUCCESSORS IN INTEREST . 15 | |
628 | - | ||
629 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 | |
630 | - | October 1, 2023. 17 | |
631 | - | ||
632 | - | ||
633 | - | ||
634 | - | ||
635 | - | Approved: | |
636 | - | ________________________________________________________________________________ | |
637 | - | Governor. | |
638 | - | ________________________________________________________________________________ | |
639 | - | Speaker of the House of Delegates. | |
640 | - | ________________________________________________________________________________ | |
641 | - | President of the Senate. |