WES MOORE, Governor Ch. 762
– 1 –
Chapter 762
(Senate Bill 277)
AN ACT concerning
Real Property – Sheriff’s Sales – Notice, Procedures, and Subordinate Interests
FOR the purpose of requiring a judgment creditor to provide certain notice to certain
persons of the time, place, and terms of the sale of any real property under execution
before the property can be sold and to file a certain affidavit; establishing that a
sheriff’s sale of real property extinguishes subordinate liens on the land being sold
under certain circumstances; authorizing a sheriff at the time of levy for real
property to use the assessment record in lieu of an appraisal of the property;
providing that certain provisions of this Act do not impair certain liens on land;
authorizing the Judiciary to transfer up to a certain amount of a General Fund
appropriation to a certain special fund; and generally relating to the enforcement of
liens and the sale of real property.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 11–502, 11–504(c), and 11–507
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 11–504(a) and (b)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
11–502.
(a) A sheriff shall give notice of the time, place, and terms of the sale of any
property under execution before the property can be sold.
(b) In the case of a sale of an interest in property, the notice shall be posted on
the courthouse door or on a bulletin board in the immediate vicinity of the door of the
courthouse and printed in a newspaper, published in the county where the property is
located at least:
(1) Ten days before the sale of personal property; or Ch. 762 2023 LAWS OF MARYLAND
– 2 –
(2) 20 days before the sale of real property.
(c) If the sheriff gives notice by publication in a newspaper, he may recover the
costs of publication from the defendant. If the defendant is unable to pay the costs, the
sheriff may recover the costs of publication from the plaintiff.
(D) IN ADDITION TO THE NO TICE REQUIREMENT UND ER SUBSECTION (A) OF
THIS SECTION, AT LEAST 20 DAYS BEFORE THE SALE OF REAL PROPERTY UND ER
EXECUTION, THE JUDGMENT CREDITOR SHALL :
(1) SEND NOTICE OF THE TI ME, PLACE, AND TERMS OF THE SAL E BY
CERTIFIED MAIL AND F IRST–CLASS MAIL TO:
(I) THE RECORD OWNER OF T HE PROPERTY ;
(II) THE HOLDER OF ANY SUB ORDINATE MORTGAGE , DEED OF
TRUST, OR OTHER SUBORDINATE INTEREST, INCLUDING A JUDGMENT ; AND
(III) ANY CONDOMINIUM ASSOC IATION OR HOMEOWNERS
ASSOCIATION THAT , AT LEAST 20 DAYS BEFORE THE DATE OF THE PROPOSED SALE ,
HAS RECORDED A STATE MENT OF LIEN AGAINST THE PROPERTY UNDER T HE
MARYLAND CONTRACT LIEN ACT; AND
(2) SEND NOTICE OF THE TI ME, PLACE, AND TERMS OF THE SAL E BY
FIRST–CLASS MAIL TO ALL OC CUPANTS AT THE ADDRE SS OF THE PROPERTY .
(E) (1) THE MAILINGS REQUIRED UNDER SUBSECTION (D) OF THIS
SECTION SHALL BE SEN T TO THE LAST KNOWN ADDRESS OF EACH PERS ON,
INCLUDING TO THE LAST ADDRE SS REASONABLY ASCERT AINABLE FROM A
DOCUMENT RECORDED , INDEXED, AND AVAILABLE FOR PU BLIC INSPECTION AT T HE
TIME OF THE MAILING .
(2) IN THE CASE OF A SUBO RDINATE MORTGAGE OR DEED OF TRUST ,
THE NOTICE SHALL BE SENT TO THE LAST KNO WN HOLDER OF THE MORTGA GE, THE
LAST KNOWN BENEFICIA RY OF A DEED OF TRUS T, OR A TRUSTEE OR BENE FICIARY
OF A DEED OF TRUST R EASONABLY ASCERTAINA BLE ON A REVIEW OF T HE LAND
RECORDS FOR THE APPL ICABLE COUNTY .
(F) THE JUDGMENT CREDITOR SHALL FILE AN AFFIDA VIT WITH THE COURT:
(1) STATING THAT THE INDI VIDUAL HAS COMPLIED WITH THE NOTICE
REQUIREMENTS UNDER S UBSECTION (D) OF THIS SECTION; OR
WES MOORE, Governor Ch. 762
– 3 –
(2) (I) STATING THAT THE IDEN TITY OR ADDRESS OF T HE
BORROWER , RECORD OWNER , OR HOLDER OF A SUBOR DINATE INTEREST IS N OT
REASONABLY ASCERTAIN ABLE; AND
(II) DESCRIBING THE REASON ABLE, GOOD FAITH EFFORTS
THAT THE INDIVIDUAL MADE TO ASCERTAIN TH E IDENTITY OR ADDRES S OF THE
BORROWER , RECORD OWNER , OR HOLDER OF A SUBOR DINATE INTEREST .
(G) IF THE REQUIREMENTS O F THIS SECTIO N ARE SATISFIED AND THE
JUDGMENT CREDITOR HA S COMPLIED WITH ANY APPLICABLE RULES ADO PTED BY
THE SUPREME COURT OF MARYLAND, A A SHERIFF’S SALE OF REAL PROPE RTY
EXTINGUISHES ANY SUB ORDINATE LIEN OR INT EREST ON THE LAND SU BJECT TO
THE SALE.
11–504.
(a) In this section, “value” means fair market value as of the date upon which the
execution or other judicial process becomes effective against the property of the debtor, or
the date of filing the petition under the federal Bankruptcy Code.
(b) The following items are exempt from execution on a judgment:
(1) Wearing apparel, books, tools, instruments, or appliances, in an amount
not to exceed $5,000 in value necessary for the practice of any trade or profession except
those kept for sale, lease, or barter.
(2) Except as provided in subsection (i) of this section, money payable in
the event of sickness, accident, injury, or death of any person, including compensation for
loss of future earnings. This exemption includes but is not limited to money payable on
account of judgments, arbitrations, compromises, insurance, benefits, compensation, and
relief. Disability income benefits are not exempt if the judgment is for necessities contracted
for after the disability is incurred.
(3) Professionally prescribed health aids for the debtor or any dependent of
the debtor.
(4) The debtor’s interest, not to exceed $1,000 in value, in household
furnishings, household goods, wearing apparel, appliances, books, animals kept as pets,
and other items that are held primarily for the personal, family, or household use of the
debtor or any dependent of the debtor.
(5) Cash or property of any kind equivalent in value to $6,000 is exempt, if
within 30 days from the date of the attachment or the levy by the sheriff, the debtor elects
to exempt cash or selected items of property in an amount not to exceed a cumulative value
of $6,000.
Ch. 762 2023 LAWS OF MARYLAND
– 4 –
(6) Money payable or paid in accordance with an agreement or court order
for child support.
(7) Money payable or paid in accordance with an agreement or court order
for alimony to the same extent that wages are exempt from attachment under §
15–601.1(b)(1)(ii) or (2)(i) of the Commercial Law Article.
(8) The debtor’s beneficial interest in any trust property that is immune
from the claims of the debtor’s creditors under § 14.5–511 of the Estates and Trusts Article.
(9) With respect to claims by a separate creditor of a husband or wife, trust
property that is immune from the claims of the separate creditors of the husband or wife
under § 14.5–511 of the Estates and Trusts Article.
(c) (1) (I) [In] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , IN order to determine whether the property listed in subsection (b)(4) and
(5) of this section is subject to execution, the sheriff shall appraise the property at the time
of levy.
(II) IF PROPERTY LISTED IN SUBSECTION (B)(4) AND (5) OF THIS
SECTION IS REAL PROPERTY , THE SHERIFF MAY USE THE ASSESSMENT RECOR D IN
LIEU OF AN APPRAISAL .
(2) The sheriff shall return the appraisal with the writ.
[(2)] (3) An appraisal made by the sheriff under this subsection is subject
to review by the court on motion of the debtor.
[(3)] (4) Procedures will be as prescribed by rules issued by the Supreme
Court of Maryland.
11–507.
[The] NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE
provisions of this subtitle relative to exemptions do not impair a:
(1) Vendor’s purchase money lien on land;
(2) Mechanics’ lien;
(3) Tax lien;
(4) Mortgage; deed of trust; or other security interest; OR
WES MOORE, Governor Ch. 762
– 5 –
(5) LIEN ON LAND AFFECTED BY A JUDGMENT IN FAV OR OF A LOCAL
GOVERNMENT FOR REAL PROPERTY MAINTENANCE VIOLATIONS OR NUISAN CE
CONDITION VIOLATIONS THAT IS INDEXED AND RECORDED IN ACCORDAN CE WITH
THE MARYLAND RULES.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) Notwithstanding any other provision of law, on or before June 30, 2023, the
Judiciary may transfer up to $12,000,000 of the fiscal year 2023 General Fund
appropriation for the Judiciary to the Circuit Court Real Property Records Improvement
Fund established under § 13–602 of the Courts and Judicial Proceedings Article.
(b) Notwithstanding § 7–302 of the State Finance and Procurement Article or any
other provision of law, any amount transferred under subsection (a) of this section may not
revert to the General Fund of the State.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.