MD
Maryland Senate Bill SB855

Maryland 2023 Regular Session

Maryland Senate Bill SB855 Compare Versions

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1- WES MOORE, Governor Ch. 408
21
3-– 1 –
4-Chapter 408
5-(Senate Bill 855)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0855*
89
9-Baltimore City – Property Tax – In Rem Foreclosure of Vacant or Nuisance
10-Property
10+SENATE BILL 855
11+Q2, Q1 3lr1424
12+ CF HB 921
13+By: Senator McCray
14+Introduced and read first time: February 6, 2023
15+Assigned to: Budget and Taxation
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 9, 2023
1119
12-FOR the purpose of authorizing certain vacant property and or nuisance property located
13-in Baltimore City to be subject to a certain in rem foreclosure process; requiring
14-service of a complaint for in rem foreclosure to be served in accordance with the
15-Maryland Rules; providing for the distribution of surplus proceeds from the sale of
16-property subject to an in rem foreclosure; authorizing an in rem foreclosure order to
17-be set aside under certain circumstances; providing for the redemption amounts
18-required to be paid when an in rem foreclosure is set aside; requiring certain
19-procedures for an in rem foreclosure; requiring Baltimore City to take certain actions
20-to compensate the interested parties in property that has value and is acquired
21-through an in rem foreclosure; specifying the title acquired in an in rem foreclosure;
22-specifying the circumstances under which an in rem foreclosure judgment may be
23-reopened; and generally relating to in rem foreclosure of vacant or nuisance property
24-in Baltimore City.
20+CHAPTER ______
2521
26-BY repealing and reenacting, with amendments,
27- Article – Tax – Property
28-Section 14–874 through 14–876
29- Annotated Code of Maryland
30- (2019 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
3123
32-BY adding to
33- Article – Tax – Property
34-Section 14–877 and 14–878 14–894 to be under the new part “Part VIII. Baltimore
35-City Judicial In Rem Foreclosure for Vacant or Nuisance Property”
36- Annotated Code of Maryland
37- (2019 Replacement Volume and 2022 Supplement)
24+Baltimore City – Property Tax – In Rem Foreclosure of Vacant or Nuisance 2
25+Property 3
3826
39- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAN D,
40-That the Laws of Maryland read as follows:
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
4140
42-Article – Tax – Property
41+BY repealing and reenacting, with amendments, 17
42+ Article – Tax – Property 18
43+Section 14–874 through 14–876 19
44+ Annotated Code of Maryland 20
45+ (2019 Replacement Volume and 2022 Supplement) 21
4346
44-14–874.
47+BY adding to 22
48+ Article – Tax – Property 23 2 SENATE BILL 855
4549
46- (a) (1) [Real] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
47-SUBSECTION, REAL property may be subject to foreclosure and sale under this part only
48-if: Ch. 408 2023 LAWS OF MARYLAND
4950
50-– 2 –
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
5155
52- [(1)] (I) the property consists of a vacant lot or improved property cited
53-as vacant and unsafe or unfit for habitation or other authorized use on a housing or building
54-violation notice; and
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57+That the Laws of Maryland read as follows: 6
5558
56- [(2)] (II) the total amount of liens for unpaid taxes on the property exceeds
57-the lesser of the total value of the property as last determined by the Department or as
58-determined by an appraisal report prepared not more than 6 months before the filing of a
59-complaint under this section by a real estate appraiser who is licensed under Title 16 of the
60-Business Occupations and Professions Article.
59+Article – Tax – Property 7
6160
62- (2) REAL PROPERTY LOCATED IN BALTIMORE CITY MAY BE SUBJECT
63-TO FORECLOSURE AND S ALE UNDER THIS PART IF THE PROPERTY IS A VACANT
64-PROPERTY OR A NUISAN CE PROPERTY , AS DETERMINED UNDER THE BALTIMORE
65-CITY BUILDING CODE.
61+14–874. 8
6662
67- (b) (1) A county or municipal corporation may authorize by law an in rem
68-foreclosure in accordance with this part.
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
6966
70- (2) A law that authorizes an in rem foreclosure shall:
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
7170
72- (i) state the date after which real property may be subject to in rem
73-foreclosure under this part;
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
7476
75- (ii) establish criteria for designating real property to be foreclosed
76-under this part;
77+ (2) REAL PROPERTY LOCATED IN BALTIMORE CITY MAY BE SUBJECT 20
78+TO FORECLOSURE AND S ALE UNDER THIS PART IF THE PROPERTY IS A VACANT 21
79+PROPERTY OR A NUISAN CE PROPERTY , AS DETERMINED UNDER THE BALTIMORE 22
80+CITY BUILDING CODE. 23
7781
78- (iii) authorize the county or municipal corporation to file a complaint
79-for an in rem foreclosure under this part; and
82+ (b) (1) A county or municipal corporation may authorize by law an in rem 24
83+foreclosure in accordance with this part. 25
8084
81- (iv) include administrative rules and procedures necessary to carry
82-out an in rem foreclosure under this part.
85+ (2) A law that authorizes an in rem foreclosure shall: 26
8386
84- (c) (1) Subject to subsection (d) of this section, a county or municipal
85-corporation may authorize, by law, the sale of real property after an in rem foreclosure and
86-designate real property to be sold under this part.
87+ (i) state the date after which real property may be subject to in rem 27
88+foreclosure under this part; 28
8789
88- (2) A law that authorizes a sale of real property after an in rem foreclosure
89-shall:
90+ (ii) establish criteria for designating real property to be foreclosed 29
91+under this part; 30
9092
91- (i) state the date after which the real property may be subject to sale
92-after an in rem foreclosure under this part;
93+ (iii) authorize the county or municipal corporation to file a complaint 31
94+for an in rem foreclosure under this part; and 32
95+ SENATE BILL 855 3
9396
94- (ii) establish criteria for designating real property to be sold under
95-this part; and
96- WES MOORE, Governor Ch. 408
9797
98-– 3 –
99- (iii) include administrative rules and procedures necessary to carry
100-out a sale under this part.
98+ (iv) include administrative rules and procedures necessary to carry 1
99+out an in rem foreclosure under this part. 2
101100
102- (d) [Only] EXCEPT AS PROV IDED IN SUBSECTION (A)(2) OF THIS SECTION ,
103-ONLY real property that consists of a vacant lot or improved property cited as vacant and
104-unsafe or unfit for habitation or other authorized use on a housing or building violation
105-notice may be sold under this part.
101+ (c) (1) Subject to subsection (d) of this section, a county or municipal 3
102+corporation may authorize, by law, the sale of real property after an in rem foreclosure and 4
103+designate real property to be sold under this part. 5
106104
107-14–875.
105+ (2) A law that authorizes a sale of real property after an in rem foreclosure 6
106+shall: 7
108107
109- (a) A county or municipal corporation may file a complaint for an in rem
110-foreclosure action in accordance with this part.
108+ (i) state the date after which the real property may be subject to sale 8
109+after an in rem foreclosure under this part; 9
111110
112- (b) The county or municipal corporation may not file a complaint for an in rem
113-foreclosure action unless:
111+ (ii) establish criteria for designating real property to be sold under 10
112+this part; and 11
114113
115- (1) the tax on the real property has been delinquent for at least 6 months;
116-and
114+ (iii) include administrative rules and procedures necessary to carry 12
115+out a sale under this part. 13
117116
118- (2) (I) the right to appeal the notice of the property as vacant and
119-unsafe or unfit has tolled; OR
117+ (d) [Only] EXCEPT AS PROVIDED IN SUBSECTION (A)(2) OF THIS SECTION , 14
118+ONLY real property that consists of a vacant lot or improved property cited as vacant and 15
119+unsafe or unfit for habitation or other authorized use on a housing or building violation 16
120+notice may be sold under this part. 17
120121
121- (II) THE RIGHT TO APPEAL THE NOTICE OF THE PR OPERTY AS
122-VACANT PROPERTY OR A NUISANCE PROPERTY , AS DETERMINED UNDER THE
123-BALTIMORE CITY BUILDING CODE, HAS TOLLED.
122+14–875. 18
124123
125- (c) All taxes shall:
124+ (a) A county or municipal corporation may file a complaint for an in rem 19
125+foreclosure action in accordance with this part. 20
126126
127- (1) be included in the foreclosure action; and
127+ (b) The county or municipal corporation may not file a complaint for an in rem 21
128+foreclosure action unless: 22
128129
129- (2) cease to be a lien against the real property if a judgment is entered
130-foreclosing the existing interests of all interested parties in the real property.
130+ (1) the tax on the real property has been delinquent for at least 6 months; 23
131+and 24
131132
132- (d) The county or municipal corporation shall:
133+ (2) (I) the right to appeal the notice of the property as vacant and 25
134+unsafe or unfit has tolled; OR 26
133135
134- (1) file the complaint for an in rem foreclosure in the circuit court of the
135-county where the real property is located; and
136+ (II) THE RIGHT TO APPEAL THE NOTICE OF THE PR OPERTY AS 27
137+VACANT PROPERTY OR A NUISANCE PROPERTY , AS DETERMINED UNDER THE 28
138+BALTIMORE CITY BUILDING CODE, HAS TOLLED. 29
136139
137- (2) [within 5 days after filing the complaint, send notice and a copy of]
138-SERVE the complaint to each interested party [by first–class mail and certified mail,
139-postage prepaid, return receipt requested, bearing a postmark from the United States
140-Postal Service] IN ACCORDANCE WITH T HE MARYLAND RULES.
140+ (c) All taxes shall: 30
141141
142- (e) The complaint for an in rem foreclosure shall include:
143- Ch. 408 2023 LAWS OF MARYLAND
142+ (1) be included in the foreclosure action; and 31
143+ 4 SENATE BILL 855
144144
145-– 4 –
146- (1) the identity of the county or municipal corporation on behalf of which
147-the complaint is filed;
148145
149- (2) the name and address of the county or municipal corporation;
146+ (2) cease to be a lien against the real property if a judgment is entered 1
147+foreclosing the existing interests of all interested parties in the real property. 2
150148
151- (3) a description of the real property as it appears in the county land
152-records;
149+ (d) The county or municipal corporation shall: 3
153150
154- (4) the tax identification number of the real property;
151+ (1) file the complaint for an in rem foreclosure in the circuit court of the 4
152+county where the real property is located; and 5
155153
156- (5) a statement that the taxes are delinquent at the time of the filing;
154+ (2) [within 5 days after filing the complaint, send notice and a copy of] 6
155+SERVE the complaint to each interested party [by first–class mail and certified mail, 7
156+postage prepaid, return receipt requested, bearing a postmark from the United States 8
157+Postal Service] IN ACCORDANCE WITH T HE MARYLAND RULES. 9
157158
158- (6) the amount of taxes that are delinquent as of the date of filing;
159+ (e) The complaint for an in rem foreclosure shall include: 10
159160
160- (7) the names and last known addresses of all interested parties in the real
161-property and, if applicable, a statement that the address of a particular interested party in
162-the real property is unknown;
161+ (1) the identity of the county or municipal corporation on behalf of which 11
162+the complaint is filed; 12
163163
164- (8) a statement that the real property is:
164+ (2) the name and address of the county or municipal corporation; 13
165165
166- (I) a vacant lot or improved property cited as vacant and unsafe or
167-unfit for habitation or other authorized use on a housing or building violation notice; OR
166+ (3) a description of the real property as it appears in the county land 14
167+records; 15
168168
169- (II) A VACANT PROPERTY OR A NUISANCE PROPERTY , AS
170-DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE;
169+ (4) the tax identification number of the real property; 16
171170
172- (9) copies of any violation notice cited under paragraph (8) of this
173-subsection;
171+ (5) a statement that the taxes are delinquent at the time of the filing; 17
174172
175- (10) a request that the circuit court not schedule a hearing on the complaint
176-until 30 days after the date that the complaint is filed; and
173+ (6) the amount of taxes that are delinquent as of the date of filing; 18
177174
178- (11) a request that the circuit court enter a judgment that forecloses the
179-existing interests of all interested parties in the real property and orders ownership of the
180-real property to be transferred to the county or municipal corporation.
175+ (7) the names and last known addresses of all interested parties in the real 19
176+property and, if applicable, a statement that the address of a particular interested party in 20
177+the real property is unknown; 21
181178
182- (f) A complaint for an in rem foreclosure may be amended to include all taxes
183-that become delinquent after the commencement of the in rem foreclosure action.
179+ (8) a statement that the real property is: 22
184180
185- (g) (1) Subject to paragraph (2) of this subsection, an interested party has the
186-right to cure the delinquent taxes and liens on the real property by paying all past due fees,
187-payments, and penalties at any time before the entry of the foreclosure judgment.
181+ (I) a vacant lot or improved property cited as vacant and unsafe or 23
182+unfit for habitation or other authorized use on a housing or building violation notice; OR 24
188183
189- (2) The right to cure the delinquent taxes and liens on the real property
190-extinguishes once the foreclosure judgment is entered.
191- WES MOORE, Governor Ch. 408
184+ (II) A VACANT PROPERTY OR A NUISANCE PROPERTY , AS 25
185+DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE; 26
192186
193-– 5 –
194-14–876.
187+ (9) copies of any violation notice cited under paragraph (8) of this 27
188+subsection; 28
195189
196- (a) A circuit court may not set a hearing for an in rem foreclosure until 30 days
197-after the complaint for an in rem foreclosure is filed.
190+ (10) a request that the circuit court not schedule a hearing on the complaint 29
191+until 30 days after the date that the complaint is filed; and 30 SENATE BILL 855 5
198192
199- (b) At the hearing, any interested party shall have the right to be heard and to
200-contest the delinquency of the taxes and the adequacy of the proceedings.
201193
202- (c) If the circuit court finds that the county or municipal corporation sent notice
203-and a copy of the complaint to each interested party in accordance with § 14–875(d) of this
204-subtitle and that the information set forth in the complaint is accurate, the court shall:
205194
206- (1) enter a judgment that:
195+ (11) a request that the circuit court enter a judgment that forecloses the 1
196+existing interests of all interested parties in the real property and orders ownership of the 2
197+real property to be transferred to the county or municipal corporation. 3
207198
208- (i) proper notice has been provided to all interested parties; and
199+ (f) A complaint for an in rem foreclosure may be amended to include all taxes 4
200+that become delinquent after the commencement of the in rem foreclosure action. 5
209201
210- (ii) the real property is:
202+ (g) (1) Subject to paragraph (2) of this subsection, an interested party has the 6
203+right to cure the delinquent taxes and liens on the real property by paying all past due fees, 7
204+payments, and penalties at any time before the entry of the foreclosure judgment. 8
211205
212- 1. a vacant lot or an improved property cited as vacant and
213-unsafe or unfit for habitation or other authorized use on a housing or building violation
214-notice; OR
206+ (2) The right to cure the delinquent taxes and liens on the real property 9
207+extinguishes once the foreclosure judgment is entered. 10
215208
216- 2. A VACANT PROPERTY OR A NUISANCE PROPERTY , AS
217-DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE; and
209+14–876. 11
218210
219- (2) order that ownership of the real property be transferred to the county
220-or municipal corporation on behalf of which the complaint was filed.
211+ (a) A circuit court may not set a hearing for an in rem foreclosure until 30 days 12
212+after the complaint for an in rem foreclosure is filed. 13
221213
222- (d) (1) The county or municipal corporation shall record a judgment under
223-subsection (c) of this section in the land records of the county.
214+ (b) At the hearing, any interested party shall have the right to be heard and to 14
215+contest the delinquency of the taxes and the adequacy of the proceedings. 15
224216
225- (2) The title acquired in an in rem foreclosure proceeding shall be an
226-absolute or fee simple title including the right, title, and interest of each of the defendants
227-in the proceeding whose property has been foreclosed unless a different title is specified in
228-the judgment entered.
217+ (c) If the circuit court finds that the county or municipal corporation sent notice 16
218+and a copy of the complaint to each interested party in accordance with § 14–875(d) of this 17
219+subtitle and that the information set forth in the complaint is accurate, the court shall: 18
229220
230- (3) A judgment in an action under this part is binding and conclusive,
231-regardless of legal disability, on:
221+ (1) enter a judgment that: 19
232222
233- (i) all persons, known and unknown, who were parties to the action
234-and who had a claim to the property, whether present or future, vested or contingent, legal
235-or equitable, or several or undivided; and
223+ (i) proper notice has been provided to all interested parties; and 20
236224
237- (ii) all persons who were not parties to the action and had a claim to
238-the property that was not recorded at the time that the action was commenced.
239- Ch. 408 2023 LAWS OF MARYLAND
225+ (ii) the real property is: 21
240226
241-– 6 –
242-14–877.
227+ 1. a vacant lot or an improved property cited as vacant and 22
228+unsafe or unfit for habitation or other authorized use on a housing or building violation 23
229+notice; OR 24
243230
244- (A) IN THIS SECTION, “SURPLUS PROCEEDS ” MEANS THE PROCEEDS F ROM
245-THE SALE OF PROPERTY SOLD WITHIN 1 YEAR FROM WHEN THE P ROPERTY WAS
246-OBTAINED BY A COUNTY OR MUNICIPAL CORPORA TION THROUGH AN IN R EM
247-FORECLOSURE , THAT EXCEED THE SUM OF:
231+ 2. A VACANT PROPERTY OR A NUISANCE PROPERTY , AS 25
232+DETERMINED UNDER THE BALTIMORE CITY BUILDING CODE; and 26
248233
249- (1) THE DELINQUENT TAXES , FEES, AND PENALTIES ON THE
250-PROPERTY; AND
234+ (2) order that ownership of the real property be transferred to the county 27
235+or municipal corporation on behalf of which the complaint was filed. 28
251236
252- (2) THE VALUE OF ALL IMP ROVEMENTS MADE ON TH E PROPERTY AND
253-ALL COSTS INCURRED W ITH RESPECT TO DEVEL OPMENT OF THE PROPER TY PRIOR
254-TO THE SALE BY THE C OUNTY OR MUNICIPAL C ORPORATION .
237+ (d) (1) The county or municipal corporation shall record a judgment under 29
238+subsection (c) of this section in the land records of the county. 30
239+ 6 SENATE BILL 855
255240
256- (B) (1) SURPLUS PROCEEDS SHAL L BE HELD BY A COUNTY OR
257-MUNICIPALITY FOR A P ERIOD OF 12 MONTHS.
258241
259- (2) AFTER 12 MONTHS, SURPLUS PROCEEDS SHA LL BE DISTRIBUTED
260-TO ANY PERSON WITH A N OUTSTANDING CLAIM ON THE PROPERTY , IN ORDER OF
261-PRIORITY.
242+ (2) The title acquired in an in rem foreclosure proceeding shall be an 1
243+absolute or fee simple title including the right, title, and interest of each of the defendants 2
244+in the proceeding whose property has been foreclosed unless a different title is specified in 3
245+the judgment entered. 4
262246
263- (C) EACH COUNTY AND MUNIC IPALITY SHALL MAINTA IN A LIST OF
264-PROPERTIES OBTAINED THROUGH IN REM FOREC LOSURE THAT HAVE BEE N SOLD
265-WITHIN 1 YEAR FROM WHEN THE P ROPERTY WAS OBTAINED AND FOR WHICH THE
266-SALE HAS RESULTED IN SURPLUS PROCEEDS .
247+ (3) A judgment in an action under this part is binding and conclusive, 5
248+regardless of legal disability, on: 6
267249
268-14–878.
250+ (i) all persons, known and unknown, who were parties to the action 7
251+and who had a claim to the property, whether present or future, vested or contingent, legal 8
252+or equitable, or several or undivided; and 9
269253
270- (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTIO N, A
271-COURT MAY NOT REOPEN A JUDGMENT RENDERED IN AN IN REM FORECLO SURE
272-PROCEEDING IN ACCORD ANCE WITH THIS PART EXCEPT ON THE GROUND OF LACK
273-OF JURISDICTION OR F RAUD IN THE CONDUCT OF THE PROCEEDINGS T O
274-FORECLOSE.
254+ (ii) all persons who were not parties to the action and had a claim to 10
255+the property that was not recorded at the time that the action was commenced. 11
275256
276- (2) A COURT MAY NOT REOPEN ANY JUDGMENT UNDER PARAGRAPH
277-(1) OF THIS SUBSECTION O N THE GROUND OF CONS TRUCTIVE FRAUD IN TH E
278-CONDUCT OF THE PROCE EDINGS TO FORECLOSE UNLESS AN APPLICATIO N TO
279-REOPEN A JUDGMENT RE NDERED IS FILED WITH IN 1 YEAR FROM THE DATE O F THE
280-JUDGMENT.
257+14–877. 12
281258
282- (B) A PLAINTIFF IN AN ACT ION TO REOPEN AN IN REM FORECLOSURE
283-JUDGMENT SHALL :
284- WES MOORE, Governor Ch. 408
259+ (A) IN THIS SECTION, “SURPLUS PROCEEDS ” MEANS THE PROCEEDS F ROM 13
260+THE SALE OF PROPERTY SOLD WITHIN 1 YEAR FROM WHEN THE P ROPERTY WAS 14
261+OBTAINED BY A COUNTY OR MUNICIPAL CORPORA TION THROUGH AN IN R EM 15
262+FORECLOSURE , THAT EXCEED THE SUM OF : 16
285263
286-– 7 –
287- (1) EXCEPT AS PROVIDED I N SUBSECTION (A)(2) OF THIS SECTION ,
288-FILE THE ACTION WITH IN 3 YEARS OF THE ISSUANC E OF THE IN REM FORE CLOSURE
289-JUDGMENT; AND
264+ (1) THE DELINQUENT TAXES , FEES, AND PENALTIES ON THE 17
265+PROPERTY; AND 18
290266
291- (2) WITHIN 30 DAYS OF FILING THE A CTION, SUBMIT EVIDENCE TO
292-THE COURT THAT THE P LAINTIFF HAS OBTAINE D A BOND EQUAL TO TH E
293-REASONABLE VALUE OF THE PROPERTY .
267+ (2) THE VALUE OF ALL IMP ROVEMENTS MADE ON TH E PROPERTY AND 19
268+ALL COSTS INCURRED W ITH RESPECT TO DEVEL OPMENT OF THE PROPER TY PRIOR 20
269+TO THE SALE BY THE C OUNTY OR MUNICIPAL CORPORATION . 21
294270
295- (C) IF AN IN REM FORECLOS URE JUDGMENT OF THE COURT IS SET ASIDE ,
296-THE AMOUNT REQUIRED TO REDEEM IS:
271+ (B) (1) SURPLUS PROCEEDS SHAL L BE HELD BY A COUNT Y OR 22
272+MUNICIPALITY FOR A P ERIOD OF 12 MONTHS. 23
297273
298- (1) THE AMOUNT REQUIRED BY THIS SUBTITLE; AND
274+ (2) AFTER 12 MONTHS, SURPLUS PROCEEDS SHA LL BE DISTRIBUTED 24
275+TO ANY PERSON WITH A N OUTSTANDING CLAIM ON THE PROPERTY , IN ORDER OF 25
276+PRIORITY. 26
299277
300- (2) THE REASONABLE VALUE , AT THE DATE THE JUDG MENT IS SET
301-ASIDE, OF ALL IMPROVEMENTS MADE ON THE PROPERTY AND ALL COSTS INCURR ED
302-WITH RESPECT TO DEVE LOPMENT OF THE PROPE RTY BY THE PURCHASER AND THE
303-PURCHASER ’S SUCCESSORS IN INTE REST.
278+ (C) EACH COUNTY AND MUNIC IPALITY SHALL MAINTA IN A LIST OF 27
279+PROPERTIES OBTAINED THROUGH IN REM FOREC LOSURE THAT HAVE BEE N SOLD 28
280+WITHIN 1 YEAR FROM WHEN THE P ROPERTY WAS OBTAINED AND FOR WHICH THE 29
281+SALE HAS RESULTED IN SURPLUS PROCEEDS . 30
304282
305-14–892. RESERVED.
283+14–878. 31
306284
307-14–893. RESERVED.
285+ (A) (1) EXCEPT AS PROVIDED IN PAR AGRAPH (2) OF THIS SUBSECTION , A 32
286+COURT MAY NOT REOPEN A JUDGMENT RENDERED IN AN IN REM FORECLO SURE 33 SENATE BILL 855 7
308287
309-PART VIII. BALTIMORE CITY JUDICIAL IN REM FORECLOSURE FOR VACANT OR
310-NUISANCE PROPERTY.
311288
312-14–894.
289+PROCEEDING IN ACCORD ANCE WITH THIS PART EXCEPT ON THE GROUND OF LACK 1
290+OF JURISDICTION OR F RAUD IN THE CONDUCT OF THE PROCEEDINGS T O 2
291+FORECLOSE. 3
313292
314- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
315-INDICATED.
293+ (2) A COURT MAY NOT REOPEN ANY JUDGMENT UNDER P ARAGRAPH 4
294+(1) OF THIS SUBSECTION O N THE GROUND OF CONS TRUCTIVE FRAUD IN TH E 5
295+CONDUCT OF THE PROCE EDINGS TO FORECLOSE UNLESS AN APPLICATIO N TO 6
296+REOPEN A JUDGMENT RE NDERED IS FILED WITH IN 1 YEAR FROM THE DATE OF THE 7
297+JUDGMENT. 8
316298
317- (2) “INTERESTED PARTY ” MEANS ANY PERSON HAV ING AN INTEREST
318-IN A VACANT OR NUISA NCE PROPERTY :
299+ (B) A PLAINTIFF IN AN ACTI ON TO REOPEN AN IN R EM FORECLOSURE 9
300+JUDGMENT SHALL : 10
319301
320- (I) WHO LAST APPEARS AS OWNER OF THE PROPERT Y ON THE
321-COLLECTOR’S TAX ROLL;
302+ (1) EXCEPT AS PROVIDED I N SUBSECTION (A)(2) OF THIS SECTION , 11
303+FILE THE ACTION WITH IN 3 YEARS OF THE ISSUANC E OF THE IN REM FORE CLOSURE 12
304+JUDGMENT; AND 13
322305
323- (II) WHO IS A MORTGAGEE O F THE PROPERTY OR AS SIGNEE OF
324-A MORTGAGE OF RECORD ;
306+ (2) WITHIN 30 DAYS OF FILING THE A CTION, SUBMIT EVIDENCE TO 14
307+THE COURT THAT THE P LAINTIFF HAS OBTAINE D A BOND EQUAL TO TH E 15
308+REASONABLE VALUE OF THE PROPERTY . 16
325309
326- (III) WHO IS A HOLDER OF A BENEFICIAL INTE REST IN A DEED OF
327-TRUST RECORDED AGAIN ST THE PROPERTY ;
310+ (C) IF AN IN REM FORECLOS URE JUDGMENT OF THE COURT IS SET ASIDE , 17
311+THE AMOUNT REQUIRED TO REDEEM IS: 18
328312
329- (IV) WHO IS A TAXING AGEN CY THAT HAS THE AUTH ORITY TO
330-COLLECT TAX ON THE P ROPERTY; OR Ch. 408 2023 LAWS OF MARYLAND
313+ (1) THE AMOUNT REQUIRED BY THIS SUBTITLE; AND 19
331314
332-– 8 –
315+ (2) THE REASONABLE VALUE , AT THE DATE THE JUDG MENT IS SET 20
316+ASIDE, OF ALL IMPROVEMENTS MADE ON THE PROPERTY AND ALL COSTS INCURR ED 21
317+WITH RESPECT TO DEVE LOPMENT OF THE PROPE RTY BY THE PURCHASER AND THE 22
318+PURCHASER ’S SUCCESSORS IN INTE REST. 23
333319
334- (V) WHOSE IDENTITY AND A DDRESS ARE:
320+14–892. RESERVED. 24
335321
336- 1. REASONABLY ASCERTAIN ABLE FROM THE COUNTY
337-LAND RECORDS ; OR
322+14–893. RESERVED. 25
338323
339- 2. REVEALED BY A FULL T ITLE SEARCH CONSISTI NG OF
340-AT LEAST 50 YEARS.
324+PART VIII. BALTIMORE CITY JUDICIAL IN REM FORECLOSURE FOR VACANT OR 26
325+NUISANCE PROPERTY. 27
341326
342- (3) “TAX” HAS THE MEANING STAT ED IN § 14–801 OF THIS SUBTITLE .
327+14–894. 28
343328
344- (4) “VACANT OR NUISANCE PR OPERTY” MEANS A VACANT LOT O R
345-IMPROVED PROPERTY DE TERMINED TO BE A VAC ANT PROPERTY OR A NUI SANCE
346-PROPERTY UNDER THE BALTIMORE CITY BUILDING CODE.
329+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
330+INDICATED. 30
331+ 8 SENATE BILL 855
347332
348- (5) “VALUE” MEANS THAT THE TOTAL AMOUNT OF LIENS FOR UNPAID
349-TAXES ON A PROPERTY DOES NOT EXCEED THE LESSER OF THE TOTAL VALUE OF THE
350-PROPERTY AS LAST DET ERMINED BY THE DEPARTMENT OR AS DETE RMINED BY AN
351-APPRAISAL REPORT PRE PARED NOT MORE THAN 6 MONTHS BEFORE THE FI LING OF
352-A COMPLAINT UNDER TH IS SECTION BY A REAL ESTATE APPRAISER WHO IS
353-LICENSED UNDER TITLE 16 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS
354-ARTICLE.
355333
356- (B) (1) IN ACCORDANCE WITH TH IS SECTION, BALTIMORE CITY MAY
357-AUTHORIZE, BY LAW, AN IN REM FORECLOSUR E OF VACANT OR NUISANCE PRO PERTY
358-ON WHICH THE TAXES A RE IN ARREARS.
334+ (2) “INTERESTED PARTY ” MEANS ANY PERSON HAV ING AN INTEREST 1
335+IN A VACANT OR NUISA NCE PROPERTY : 2
359336
360- (2) A LAW THAT AUTHORIZES AN IN REM FORECLOSUR E OF VACANT
361-OR NUISANCE PROPERTY SHALL:
337+ (I) WHO LAST APPEARS AS OWNER OF THE PROPERT Y ON THE 3
338+COLLECTOR’S TAX ROLL; 4
362339
363- (I) STATE THE DATE AFTER WHICH REAL PROPERTY MAY BE
364-SUBJECT TO IN REM FO RECLOSURE;
340+ (II) WHO IS A MORTGAGEE O F THE PROPERTY OR AS SIGNEE OF 5
341+A MORTGAGE OF RECORD ; 6
365342
366- (II) ESTABLISH CRITERIA FOR DESIGNA TING REAL PROPERTY
367-TO BE FORECLOSED UND ER THIS SECTION;
343+ (III) WHO IS A HOLDER OF A BENEFICIAL INTEREST IN A DEED OF 7
344+TRUST RECORDED AGAIN ST THE PROPERTY ; 8
368345
369- (III) AUTHORIZE BALTIMORE CITY TO FILE A COMPLA INT FOR
370-AN IN REM FORECLOSUR E; AND
346+ (IV) WHO IS A TAXING AGEN CY THAT HAS THE AUTH ORITY TO 9
347+COLLECT TAX ON THE P ROPERTY; OR 10
371348
372- (IV) INCLUDE ADMINISTRATI VE RULES AND PROCEDU RES
373-NECESSARY TO CARRY O UT AN IN REM FORECLO SURE OF VACANT OR NUI SANCE
374-PROPERTY.
375- WES MOORE, Governor Ch. 408
349+ (V) WHOSE IDENTITY AND A DDRESS ARE: 11
376350
377-– 9 –
378- (C) BALTIMORE CITY MAY NOT FILE A C OMPLAINT FOR AN IN R EM
379-FORECLOSURE ACTION U NDER THIS SECTION UN LESS:
351+ 1. REASONABLY ASCERTAIN ABLE FROM THE COUNTY 12
352+LAND RECORDS ; OR 13
380353
381- (1) THE TAXES ON THE REA L PROPERTY HAVE BEEN DELINQUENT
382-FOR AT LEAST 6 MONTHS; AND
354+ 2. REVEALED BY A FULL T ITLE SEARCH CONSISTI NG OF 14
355+AT LEAST 50 YEARS. 15
383356
384- (2) THE RIGHT TO APPEAL THE NOTICE OF THE PR OPERTY AS VACANT
385-OR NUISANCE PROPERTY HAS TOLLED.
357+ (3) “TAX” HAS THE MEANING STAT ED IN § 14–801 OF THIS SUBTITLE . 16
386358
387- (D) TO INITIATE AN IN REM FORECLOSURE ACTION , BALTIMORE CITY
388-SHALL:
359+ (4) “VACANT OR NUISANCE PR OPERTY” MEANS A VACANT LOT O R 17
360+IMPROVED PROPERTY DE TERMINED TO BE A VACA NT PROPERTY OR A NUI SANCE 18
361+PROPERTY UNDER THE BALTIMORE CITY BUILDING CODE. 19
389362
390- (1) FILE A COMPLAINT FOR AN IN REM FORECLOSUR E IN THE CIRCUIT
391-COURT FOR BALTIMORE CITY; AND
363+ (5) “VALUE” MEANS THAT THE TOTAL AMOUNT OF LIENS FOR UNPAID 20
364+TAXES ON A PROPERTY DOES NOT EXCEED THE LESSER OF THE TOTAL VALUE OF THE 21
365+PROPERTY AS LAST DET ERMINED BY THE DEPARTMENT OR AS DETE RMINED BY AN 22
366+APPRAISAL REPORT PRE PARED NOT MORE THAN 6 MONTHS BEFORE THE FI LING OF 23
367+A COMPLAINT UNDER TH IS SECTION BY A REAL ESTATE APPRAISER WHO IS 24
368+LICENSED UNDER TITLE 16 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 25
369+ARTICLE. 26
392370
393- (2) SERVE THE COMPLAINT TO EACH IN TERESTED PARTY IN
394-ACCORDANCE WITH THE MARYLAND RULES.
371+ (B) (1) IN ACCORDANCE WITH TH IS SECTION, BALTIMORE CITY MAY 27
372+AUTHORIZE, BY LAW, AN IN REM FORECLOSUR E OF VACANT OR NUISANCE PRO PERTY 28
373+ON WHICH THE TAXES A RE IN ARREARS. 29
395374
396- (E) ALL TAXES SHALL:
375+ (2) A LAW THAT AUTHORIZES AN IN REM FORECLOSUR E OF VACANT 30
376+OR NUISANCE PROPERTY SHALL: 31
377+ SENATE BILL 855 9
397378
398- (1) BE INCLUDED IN THE F ORECLOSURE ACTION ; AND
399379
400- (2) CEASE TO BE A LIEN A GAINST THE PROPERTY IF A JUDGMENT IS
401-ENTERED FORECLOSING THE EXISTING INTERES TS OF ALL INTERESTED PARTI ES IN
402-THE PROPERTY .
380+ (I) STATE THE DATE AFTER WHICH REAL PROPERTY MAY BE 1
381+SUBJECT TO IN REM FO RECLOSURE; 2
403382
404- (F) THE COMPLAINT FOR AN IN REM FORECLOSURE S HALL INCLUDE :
383+ (II) ESTABLISH CRITERIA FOR DESIGNA TING REAL PROPERTY 3
384+TO BE FORECLOSED UND ER THIS SECTION; 4
405385
406- (1) THE NAME AND ADDRESS OF THE APPROPRIATE A GENCY OF
407-BALTIMORE CITY;
386+ (III) AUTHORIZE BALTIMORE CITY TO FILE A COMPLA INT FOR 5
387+AN IN REM FORECLOSUR E; AND 6
408388
409- (2) A DESCRIPTION OF THE PROPERTY AS IT APPEA RS IN THE LAND
410-RECORDS;
389+ (IV) INCLUDE ADMINISTRATI VE RULES AND PROCEDU RES 7
390+NECESSARY TO CARRY O UT AN IN REM FORECLO SURE OF VACANT OR NUI SANCE 8
391+PROPERTY. 9
411392
412- (3) THE TAX IDENTIFICATION NUMBER OF THE PROPER TY;
393+ (C) BALTIMORE CITY MAY NOT FILE A C OMPLAINT FOR AN IN R EM 10
394+FORECLOSURE ACTION U NDER THIS SECTION UN LESS: 11
413395
414- (4) A STATEMENT THAT THE TAXES ARE DELINQUENT AT THE TIME OF
415-THE FILING;
396+ (1) THE TAXES ON THE REA L PROPERTY HAVE BEEN DELINQUENT 12
397+FOR AT LEAST 6 MONTHS; AND 13
416398
417- (5) THE AMOUNT OF TAXES THAT ARE DELINQUENT AS OF THE DATE
418-OF THE FILING;
419- Ch. 408 2023 LAWS OF MARYLAND
399+ (2) THE RIGHT TO APPEAL THE NOTICE OF THE PRO PERTY AS VACANT 14
400+OR NUISANCE PROPERTY HAS TOLLED. 15
420401
421-– 10 –
422- (6) THE NAMES AND LAST K NOWN ADDRESSES OF AL L INTERESTED
423-PARTIES IN THE PROPE RTY AND, IF APPLICABLE, A STATEMENT THAT THE ADDRESS
424-OF A PARTICULAR INTE RESTED PARTY IN THE PROPERTY IS UNKNOWN ;
402+ (D) TO INITIATE AN IN REM FORECLOSURE ACTION , BALTIMORE CITY 16
403+SHALL: 17
425404
426- (7) A STATEMENT THAT THE REAL PROPERTY IS A V ACANT OR
427-NUISANCE PROPERTY;
405+ (1) FILE A COMPLAINT FOR AN IN REM FORECLOSUR E IN THE CIRCUIT 18
406+COURT FOR BALTIMORE CITY; AND 19
428407
429- (8) COPIES OF ANY VIOLAT ION NOTICE CITED UND ER ITEM (7) OF
430-THIS SUBSECTION ; AND
408+ (2) SERVE THE COMPLAINT TO EACH IN TERESTED PARTY IN 20
409+ACCORDANCE WITH THE MARYLAND RULES. 21
431410
432- (9) A REQUEST THAT THE C IRCUIT COURT ENTER A JUDGMENT THAT
433-FORECLOSES THE EXIST ING INTERESTS OF ALL INTERESTED PARTIES I N THE REAL
434-PROPERTY.
411+ (E) ALL TAXES SHALL: 22
435412
436- (G) A COMPLAINT F OR AN IN REM FORECLO SURE MAY BE AMENDED TO
437-INCLUDE ALL TAXES TH AT BECOME DELINQUENT AFTER THE COMMENCEME NT OF
438-THE IN REM FORECLOSU RE ACTION.
413+ (1) BE INCLUDED IN THE F ORECLOSURE ACTION ; AND 23
439414
440- (H) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN
441-INTERESTED PARTY HAS THE RIGHT TO CURE TH E DELINQUENT TAX ES ON THE
442-PROPERTY BY PAYING A LL PAST DUE TAXES AT ANY TIME BEFORE THE ENTRY OF
443-THE FORECLOSURE JUDG MENT.
415+ (2) CEASE TO BE A LIEN A GAINST THE PROPERTY IF A JUDGMENT IS 24
416+ENTERED FORECLOSING THE EXISTING INTERES TS OF ALL INTERESTED PARTI ES IN 25
417+THE PROPERTY . 26
444418
445- (2) THE RIGHT TO CURE THE DELINQUENT TAXES ON THE PROPERTY
446-IS EXTINGUISHED ONCE THE FORECLOSURE JUDG MENT IS ENTERED .
419+ (F) THE COMPLAINT FOR AN IN REM FORECLOSURE S HALL INCLUDE : 27
447420
448- (I) THE CIRCUIT COURT MAY NOT SET A HEARING FOR AN IN REM
449-FORECLOSURE UNTIL 30 DAYS AFTER THE COMPL AINT FOR AN IN REM
450-FORECLOSURE IS FILED .
421+ (1) THE NAME AND ADDRESS OF THE APPROPRIATE A GENCY OF 28
422+BALTIMORE CITY; 29
423+ 10 SENATE BILL 855
451424
452- (J) AT THE HEARING , ANY INTERESTED PARTY SHALL HAVE THE RIGHT TO
453-BE HEARD AND TO CONT EST THE DELINQUENCY OF THE TAXES AND THE ADEQUACY
454-OF THE PROCEEDINGS .
455425
456- (K) IF THE CIRCUIT COURT FINDS THAT THE COMPL AINT WAS SERVED ON
457-EACH INTERESTED PART Y AND THAT THE INFOR MATION SET FORTH IN THE
458-COMPLAINT IS ACCURAT E, THE COURT SHALL :
426+ (2) A DESCRIPTION OF THE PROPERTY AS IT APPEA RS IN THE LAND 1
427+RECORDS; 2
459428
460- (1) ENTER A JUDGMENT THA T:
429+ (3) THE TAX IDENTIFICATION NUMBER OF THE PROPER TY; 3
461430
462- (I) PROPER NOTICE HAS BE EN PROVIDED TO ALL INTERESTED
463-PARTIES;
464- WES MOORE, Governor Ch. 408
431+ (4) A STATEMENT THAT THE TAXES ARE DELINQUENT AT THE TIME OF 4
432+THE FILING; 5
465433
466-– 11 –
467- (II) THE REAL PROPERTY IS A VACANT OR NUISANCE PROPERTY;
468-AND
434+ (5) THE AMOUNT OF TAXES THAT ARE DELINQUENT AS OF THE DATE 6
435+OF THE FILING; 7
469436
470- (III) FORECLOSES THE EXIST ING INTERESTS OF ALL
471-INTERESTED PARTIES I N THE REAL PROPERTY ; AND
437+ (6) THE NAMES AND LAST K NOWN ADDRESSES OF AL L INTERESTE D 8
438+PARTIES IN THE PROPE RTY AND, IF APPLICABLE, A STATEMENT THAT THE ADDRESS 9
439+OF A PARTICULAR INTE RESTED PARTY IN THE PROPERTY IS UNKNOWN ; 10
472440
473- (2) ORDER THAT OWNERSHIP OF THE REAL PROPERTY BE
474-TRANSFERRED TO BALTIMORE CITY.
441+ (7) A STATEMENT THAT THE REAL PROPERTY IS A V ACANT OR 11
442+NUISANCE PROPERTY ; 12
475443
476- (L) BALTIMORE CITY SHALL RECORD A J UDGMENT UNDER SUBSEC TION (K)
477-OF THIS SECTION IN T HE LAND RECORDS .
444+ (8) COPIES OF ANY VIOLAT ION NOTICE CITED UNDER ITEM (7) OF 13
445+THIS SUBSECTION ; AND 14
478446
479- (M) (1) IF PROPERTY SUBJECT T O FORECLOSURE UNDER THIS SECTION
480-HAS VALUE, BALTIMORE CITY SHALL:
447+ (9) A REQUEST THAT THE C IRCUIT COURT ENTER A JUDGMENT THAT 15
448+FORECLOSES THE EXIST ING INTERESTS OF ALL INTERESTED PARTIES I N THE REAL 16
449+PROPERTY. 17
481450
482- (I) SELL THE PROPERTY AT PUBLIC AUCTION IN ACCORDANCE
483-WITH SUBSECTION (N) OF THIS SECTION; OR
451+ (G) A COMPLAINT FOR AN IN REM FORECLOSURE MAY BE AMENDED TO 18
452+INCLUDE AL L TAXES THAT BECOME DELINQUENT AFTER THE COMMENCEMENT OF 19
453+THE IN REM FORECLOSU RE ACTION. 20
484454
485- (II) COMPENSATE THE INTER ESTED PARTIES IN THE PROPERTY
486-IN ACCORDANCE WITH S UBSECTION (O) OF THIS SECTION.
455+ (H) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 21
456+INTERESTED PARTY HAS THE RIGHT TO CURE TH E DELINQUENT TAXES O N THE 22
457+PROPERTY BY PAYING A LL PAST DUE TAXES AT ANY TIME BEFORE THE ENTRY OF 23
458+THE FORECLOSURE JUDG MENT. 24
487459
488- (2) IF PROPERTY SUBJECT T O FORECLOSURE UNDER THIS SECTION
489-DOES NOT HAVE VALUE , BALTIMORE CITY MAY RETAIN TITLE TO THE PROPERTY
490-WITHOUT PROVIDING CO MPENSATION TO THE IN TERESTED PARTIES .
460+ (2) THE RIGHT TO CURE THE DELINQUENT TAXES ON THE PROPERTY 25
461+IS EXTINGUISHED ONCE THE FORECLOSURE JUDG MENT IS ENTERED . 26
491462
492- (N) (1) A SALE OF PROPERTY SUB JECT TO FORECLOSURE UNDER THIS
493-SECTION SHALL BE CON DUCTED AT PUBLIC AUC TION IN ACCORDANCE W ITH THE
494-MARYLAND RULES.
463+ (I) THE CIRCUIT COURT MAY NOT SET A HEARING FO R AN IN REM 27
464+FORECLOSURE UNTIL 30 DAYS AFTER THE COMPL AINT FOR AN IN REM 28
465+FORECLOSURE IS FILED . 29
495466
496- (2) PROPERTY MAY NOT BE S OLD UNTIL AT LEAST 45 DAYS AFTER THE
497-ENTRY OF JUDGMENT OF FORECLOSURE .
467+ (J) AT THE HEARING , ANY INTERESTED PARTY SHALL HAVE THE RIGHT TO 30
468+BE HEARD AND TO CONT EST THE DELINQUENCY OF THE TAXES AND THE ADEQUACY 31
469+OF THE PROCEEDINGS . 32 SENATE BILL 855 11
498470
499- (3) THE MINIMUM BID FOR T HE SALE OF THE PROPE RTY SHALL BE
500-THE TOTAL AMOUNT OF LIENS FOR UNPAID TAX ES ON THE PROPERTY .
501471
502- (4) THE PROPERTY SHALL BE SOLD TO THE PERSON MAKING THE
503-HIGHEST BID.
504472
505- (5) THE PERSON MAKING THE HIGHEST BID SHALL PA Y THE FULL BID
506-AMOUNT TO BALTIMORE CITY.
473+ (K) IF THE CIRCUIT COURT FINDS THAT THE COMPLAINT WAS SE RVED ON 1
474+EACH INTERESTED PART Y AND THAT THE INFOR MATION SET FORTH IN THE 2
475+COMPLAINT IS ACCURAT E, THE COURT SHALL : 3
507476
508- (6) IF THE MINIMUM BID IS NOT MADE OR EXCEEDED , BALTIMORE
509-CITY MAY BID THE MINI MUM BID PRICE AND PU RCHASE THE PROPERTY .
510- Ch. 408 2023 LAWS OF MARYLAND
477+ (1) ENTER A JUDGMENT THA T: 4
511478
512-– 12 –
513- (7) BALTIMORE CITY SHALL DEPOSIT IN AN ESCROW ACCOUNT AN Y
514-AMOUNT BY WHICH THE HIGHEST BID EXCEEDS :
479+ (I) PROPER NOTICE HAS BE EN PROVIDED TO ALL I NTERESTED 5
480+PARTIES; 6
515481
516- (I) THE AMOUNT OF TAXES DUE ON THE PROPERTY ; AND
482+ (II) THE REAL PROPERTY IS A VACANT OR NUISA NCE PROPERTY ; 7
483+AND 8
517484
518- (II) THE VALUE OF ALL IMP ROVEMENTS MADE ON TH E
519-PROPERTY AND ALL COS TS INCURRED WITH RES PECT TO DEVELOPM ENT OF THE
520-PROPERTY BEFORE THE SALE OF THE PROPERTY BY BALTIMORE CITY.
485+ (III) FORECLOSES THE EXIST ING INTERESTS OF ALL 9
486+INTERESTED PARTIES I N THE REAL PROPERTY ; AND 10
521487
522- (8) THE CIRCUIT COURT SHA LL DISTRIBUTE THE FU NDS DEPOSITED
523-INTO THE ESCROW ACCO UNT TO THE INTERESTE D PARTIES IN THE ORD ER OF
524-PRIORITY OF THE INTE RESTS OF THE INTERES TED PARTIES.
488+ (2) ORDER THAT OWNERSHIP OF THE REAL PROPERTY BE 11
489+TRANSFERRED TO BALTIMORE CITY. 12
525490
526- (9) AFTER A SALE , BALTIMORE CITY SHALL FILE A NOT ICE
527-INFORMING THE CIRCUI T COURT OF THE SALE AND STATING THE DATE OF THE SALE,
528-THE SALE PRICE, AND THE IDENTITY OF THE PURCHASER .
491+ (L) BALTIMORE CITY SHALL RECORD A J UDGMENT UNDER SUBSEC TION (K) 13
492+OF THIS SECTION IN T HE LAND RECORDS . 14
529493
530- (10) A SALE OF A PROPERTY U NDER THIS SECTION IS FINAL AND
531-BINDING ON THE MAK ER OF THE HIGHEST BI D.
494+ (M) (1) IF PROPERTY SUBJECT T O FORECLOSURE UNDER THIS SECTION 15
495+HAS VALUE, BALTIMORE CITY SHALL: 16
532496
533- (O) (1) TO COMPENSATE THE INT ERESTED PARTIES IN A PROPERTY THAT
534-HAS VALUE WITHOUT SE LLING THE PROPERTY , BALTIMORE CITY SHALL:
497+ (I) SELL THE PROPERTY AT PUBLIC AUCTION IN AC CORDANCE 17
498+WITH SUBSECTION (N) OF THIS SECTION; OR 18
535499
536- (I) OBTAIN AN APPRAISAL OF THE PROPERTY BY A REAL
537-ESTATE APPRAISER WHO IS LICENSED UNDER TITLE 16 OF THE BUSINESS
538-OCCUPATIONS AND PROFESSIONS ARTICLE; AND
500+ (II) COMPENSATE THE INTER ESTED PARTIES IN THE PROPERTY 19
501+IN ACCORDANCE WITH S UBSECTION (O) OF THIS SECTION. 20
539502
540- (II) DEPOSIT IN AN ESCROW ACCOUNT THE AMOUNT B Y WHICH
541-THE APPRAISAL EXCEED S THE AMOUNT OF TAXE S DUE ON THE PROPERT Y.
503+ (2) IF PROPERTY SUBJECT T O FORECLOSURE UNDER THIS SECTION 21
504+DOES NOT HAVE VALUE , BALTIMORE CITY MAY RETAIN TITLE TO THE PROPERTY 22
505+WITHOUT PROVIDING CO MPENSATION TO THE IN TERESTED PARTIES . 23
542506
543- (2) THE CIRCUIT COURT SHA LL DISTRIBUTE THE FU NDS DEPOSITED
544-INTO THE ESCROW A CCOUNT TO THE INTERE STED PARTIES IN THE ORDER OF
545-PRIORITY OF THE INTE RESTS OF THE INTERES TED PARTIES.
507+ (N) (1) A SALE OF PROPERTY SUB JECT TO FORECLOSURE UNDER THIS 24
508+SECTION SHALL BE CON DUCTED AT PUBLIC AUC TION IN ACCORDANCE W ITH THE 25
509+MARYLAND RULES. 26
546510
547- (P) (1) THE TITLE ACQUIRED IN AN IN REM FORECLOSUR E PROCEEDING
548-SHALL BE AN ABSOLUTE OR FEE SIMPLE TITLE INCLUDING THE RIGHT , TITLE, AND
549-INTEREST OF EACH OF THE DEFENDANTS IN THE PROCEEDING WHOSE PROPERTY
550-HAS BEEN FORECLOSED UNLESS A DIFFERENT T ITLE IS SPECIFIED IN THE
551-JUDGMENT ENTERED .
511+ (2) PROPERTY MAY NO T BE SOLD UNTIL AT L EAST 45 DAYS AFTER THE 27
512+ENTRY OF JUDGMENT OF FORECLOSURE . 28
552513
553- (2) A JUDGMENT IN AN ACTIO N UNDER THIS SECTION IS BINDING AND
554-CONCLUSIVE, REGARDLESS OF LEGAL DISABILITY, ON:
555- WES MOORE, Governor Ch. 408
514+ (3) THE MINIMUM BID FOR T HE SALE OF THE PROPE RTY SHALL BE 29
515+THE TOTAL AMOUNT OF LIENS FOR UNPAID TAX ES ON THE PROPERTY . 30 12 SENATE BILL 855
556516
557-– 13 –
558- (I) ALL PERSONS, KNOWN AND UNKNOWN , WHO WERE PARTIES
559-TO THE ACTION AND WH O HAD A CLAIM TO THE PROPERTY, WHETHER PRESENT OR
560-FUTURE, VESTED OR CONTINGENT , LEGAL OR EQUITABLE , OR SEVERAL OR
561-UNDIVIDED; AND
562517
563- (II) ALL PERSONS WHO WERE NOT PARTIES TO THE A CTION AND
564-HAD A CLAIM TO THE P ROPERTY THAT WAS NOT RECORDED AT THE TIME THAT THE
565-ACTION WAS COMMENCED .
566518
567- (Q) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A
568-COURT MAY NOT REOPEN A JUDGMENT RENDERED IN AN IN REM FORECLO SURE
569-PROCEEDING IN ACCORD ANCE WITH THIS SECTION EX CEPT ON THE GROUND O F
570-LACK OF JURISDICTION OR FRAUD IN THE COND UCT OF THE PROCEEDIN GS TO
571-FORECLOSE.
519+ (4) THE PROPERTY SHALL BE SOLD TO THE PERSON M AKING THE 1
520+HIGHEST BID. 2
572521
573- (2) A COURT MAY NOT REOPEN ANY JUDGMENT UNDER P ARAGRAPH
574-(1) OF THIS SUBSECTION O N THE GROUND OF CONS TRUCTIVE FRAUD IN TH E
575-CONDUCT OF THE PROCEEDINGS TO F ORECLOSE UNLESS AN A PPLICATION TO
576-REOPEN A JUDGMENT RE NDERED IS FILED WITH IN 1 YEAR AFTER THE DATE OF THE
577-JUDGMENT.
522+ (5) THE PERSON MAKING THE HIGHEST BID SHALL PA Y THE FULL BID 3
523+AMOUNT TO BALTIMORE CITY. 4
578524
579- (R) A PLAINTIFF IN AN ACTI ON TO REOPEN AN IN R EM FORECLOSURE
580-JUDGMENT UNDER THIS SECTION SHALL :
525+ (6) IF THE MINIMUM BID IS NOT MADE OR EXCEEDED , BALTIMORE 5
526+CITY MAY BID THE MINI MUM BID PRICE AND PU RCHASE THE PROPERTY . 6
581527
582- (1) EXCEPT AS PROV IDED IN SUBSECTION (Q)(2) OF THIS SECTION ,
583-FILE THE ACTION WITH IN 3 YEARS AFTER THE ISSU ANCE OF THE IN REM
584-FORECLOSURE JUDGMENT ;
528+ (7) BALTIMORE CITY SHALL DEPOSIT IN AN ESCROW ACCOUNT ANY 7
529+AMOUNT BY WHICH THE HIGHEST BID EXCEEDS : 8
585530
586- (2) PAY ALL TAXES DUE ON THE PROPERTY BEFORE FILING THE
587-ACTION; AND
531+ (I) THE AMOUNT OF TAXES DUE ON THE PROPERTY ; AND 9
588532
589- (3) WITHIN 30 DAYS AFTER FILING TH E ACTION, SUBMIT EVIDENCE
590-TO THE COURT THAT TH E PLAINTIFF HAS OBTA INED A BOND EQUAL TO THE
591-REASONABLE VALUE OF THE PROPERTY .
533+ (II) THE VALUE OF ALL IMP ROVEMENTS MADE ON TH E 10
534+PROPERTY AND ALL COS TS INCURRED WITH RES PECT TO DEVELOPMENT OF THE 11
535+PROPERTY B EFORE THE SALE OF TH E PROPERTY BY BALTIMORE CITY. 12
592536
593- (S) IF AN IN REM FORECLOS URE JUDGMENT OF THE COURT IS SET ASIDE ,
594-THE AMOUNT REQUIRED TO REDEEM IS EQUAL T O THE SUM OF:
537+ (8) THE CIRCUIT COURT SHA LL DISTRIBUTE THE FU NDS DEPOSITED 13
538+INTO THE ESCROW ACCO UNT TO THE INTERESTE D PARTIES IN THE ORD ER OF 14
539+PRIORITY OF THE INTE RESTS OF THE INTERES TED PARTIES. 15
595540
596- (1) THE AMOUNT REQUIRED BY THIS SUBTITLE; AND
541+ (9) AFTER A SALE , BALTIMORE CITY SHALL FILE A NOT ICE 16
542+INFORMING THE CIRCUI T COURT OF THE SALE AND STATING THE DATE OF THE SALE, 17
543+THE SALE PRICE, AND THE IDENTITY OF THE PURCHASER . 18
597544
598- (2) THE REASONABLE VALUE , AT THE DATE THE JUDG MENT IS SET
599-ASIDE, OF ALL IMPROVEMENTS MADE ON THE PROPERTY AND ALL COSTS INCURR ED
600-WITH RESPECT TO DEVE LOPMENT OF THE PROPE RTY BY THE PURCHASER AND THE
601-PURCHASER ’S SUCCESSORS IN INTE REST. Ch. 408 2023 LAWS OF MARYLAND
545+ (10) A SALE OF A PROPERTY U NDER THIS SECTION IS FINAL AND 19
546+BINDING ON THE MAKER OF THE HIGHEST BID . 20
602547
603-– 14 –
548+ (O) (1) TO COMPENSATE THE INT ERESTED PARTIES IN A PROPERTY THAT 21
549+HAS VALUE WITHOUT SE LLING THE PROPERTY , BALTIMORE CITY SHALL: 22
604550
605- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
606-October 1, 2023.
551+ (I) OBTAIN AN APPRAISAL OF THE PROPERTY BY A REAL 23
552+ESTATE APPRAISER WHO IS LICENSED UNDER TITLE 16 OF THE BUSINESS 24
553+OCCUPATIONS AND PROFESSIONS ARTICLE; AND 25
607554
608-Approved by the Governor, May 3, 2023.
555+ (II) DEPOSIT IN AN ESCROW ACCOUNT THE AMOUNT B Y WHICH 26
556+THE APPRAISAL EXCEED S THE AMOUNT OF TAXE S DUE ON THE PROPERTY . 27
557+
558+ (2) THE CIRCUIT COURT SHA LL DISTRIBUTE THE FU NDS DEPOSITED 28
559+INTO THE ESCROW ACCO UNT TO THE INTERESTE D PARTIES IN THE ORD ER OF 29
560+PRIORITY OF THE INTE RESTS OF THE INTERES TED PARTIES. 30
561+ SENATE BILL 855 13
562+
563+
564+ (P) (1) THE TITLE ACQUIRED IN AN IN REM FORECLOSUR E PROCEEDING 1
565+SHALL BE AN ABSOLUTE OR FEE SIMPLE TITLE INCLUDING THE RIGHT , TITLE, AND 2
566+INTEREST OF EACH OF THE DEFENDANTS IN TH E PROCEEDING WHOSE P ROPERTY 3
567+HAS BEEN FORECLOSED UNLESS A DIFFERENT T ITLE IS SPECIFIED IN THE 4
568+JUDGMENT ENTERED . 5
569+
570+ (2) A JUDGMENT IN AN ACTION UNDER THIS SE CTION IS BINDING AND 6
571+CONCLUSIVE, REGARDLESS OF LEGAL DISABILITY, ON: 7
572+
573+ (I) ALL PERSONS, KNOWN AND UNKNOWN , WHO WERE PARTIES 8
574+TO THE ACTION AND WH O HAD A CLAIM TO THE PROPERTY, WHETHER PRESENT OR 9
575+FUTURE, VESTED OR CONTINGENT , LEGAL OR E QUITABLE, OR SEVERAL OR 10
576+UNDIVIDED; AND 11
577+
578+ (II) ALL PERSONS WHO WERE NOT PARTIES TO THE A CTION AND 12
579+HAD A CLAIM TO THE P ROPERTY THAT WAS NOT RECORDED AT THE TIME THAT THE 13
580+ACTION WAS COMMENCED . 14
581+
582+ (Q) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 15
583+COURT MAY NOT REOPEN A JUDGMENT RENDERED IN AN IN REM FORECLO SURE 16
584+PROCEEDING IN ACCORD ANCE WITH THIS SECTI ON EXCEPT ON THE GRO UND OF 17
585+LACK OF JURISDICTION OR FRAUD IN THE COND UCT OF THE PROCEEDIN GS TO 18
586+FORECLOSE. 19
587+
588+ (2) A COURT MAY NOT REOPEN ANY JUDGME NT UNDER PARAGRAPH 20
589+(1) OF THIS SUBSECTION O N THE GROUND OF CONS TRUCTIVE FRAUD IN TH E 21
590+CONDUCT OF THE PROCE EDINGS TO FORECLOSE UNLESS AN APPLICATIO N TO 22
591+REOPEN A JUDGMENT RE NDERED IS FILED WITH IN 1 YEAR AFTER THE DATE OF THE 23
592+JUDGMENT. 24
593+
594+ (R) A PLAINTIFF IN AN ACTION TO REOPEN AN IN REM FORECLOSURE 25
595+JUDGMENT UNDER THIS SECTION SHALL : 26
596+
597+ (1) EXCEPT AS PROVIDED I N SUBSECTION (Q)(2) OF THIS SECTION , 27
598+FILE THE ACTION WITH IN 3 YEARS AFTER THE ISSU ANCE OF THE IN REM 28
599+FORECLOSURE JUDGMENT ; 29
600+
601+ (2) PAY ALL TAXES DUE ON THE PROPERTY BEFORE FILI NG THE 30
602+ACTION; AND 31
603+
604+ (3) WITHIN 30 DAYS AFTER FILING TH E ACTION, SUBMIT EVIDENCE 32
605+TO THE COURT THAT TH E PLAINTIFF HAS OBTA INED A BOND EQUAL TO THE 33
606+REASONABLE VALUE OF THE PROPERTY . 34
607+ 14 SENATE BILL 855
608+
609+
610+ (S) IF AN IN REM FORECLOS URE JUDGMENT OF THE COURT IS SET ASIDE, 1
611+THE AMOUNT REQUIRED TO REDEEM IS EQUAL T O THE SUM OF: 2
612+
613+ (1) THE AMOUNT REQUIRED BY THIS SUBTITLE; AND 3
614+
615+ (2) THE REASONABLE VALUE , AT THE DATE THE JUDG MENT IS SET 4
616+ASIDE, OF ALL IMPROVEMENTS MADE ON THE PROPERTY AND ALL COSTS INCURR ED 5
617+WITH RESPECT TO DEVELOPMEN T OF THE PROPERTY BY THE PURCHASER AND TH E 6
618+PURCHASER ’S SUCCESSORS IN INTE REST. 7
619+
620+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
621+October 1, 2023. 9
622+
623+
624+
625+
626+Approved:
627+________________________________________________________________________________
628+ Governor.
629+________________________________________________________________________________
630+ President of the Senate.
631+________________________________________________________________________________
632+ Speaker of the House of Delegates.