Maryland 2025 Regular Session

Maryland House Bill HB59 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *hb0059*
109
1110 HOUSE BILL 59
12-Q1 (5lr0140)
13-ENROLLED BILL
14-— Ways and Means/Budget and Taxation —
15-Introduced by Chair, Ways and Means Committee (By Request – Departmental –
16-Housing and Community Development)
17-
18-Read and Examined by Proofreaders:
19-
20-_______________________________________________
21-Proofreader.
22-_______________________________________________
23-Proofreader.
24-
25-Sealed with the Great Seal and presented to the Governor, for his a pproval this
26-
27-_______ day of _______________ at ________________________ o’clock, ________M.
28-
29-______________________________________________
30-Speaker.
11+Q1 5lr0140
12+ (PRE–FILED) CF SB 192
13+By: Chair, Ways and Means Committee (By Request – Departmental – Housing and
14+Community Development)
15+Requested: October 6, 2024
16+Introduced and read first time: January 8, 2025
17+Assigned to: Ways and Means
18+Committee Report: Favorable with amendments
19+House action: Adopted
20+Read second time: February 27, 2025
3121
3222 CHAPTER ______
3323
3424 AN ACT concerning 1
3525
3626 Property Tax – Tax Sales – Revisions 2
3727
38-FOR the purpose of authorizing a tax collector to withhold from tax sale certain property 3
39-occupied by an heir of a deceased owner of the property; requiring that certain 4
40-owner–occupied property and certain property occupied by an heir of a deceased 5
41-owner of the property be withheld from tax sale; requiring each county to establish a 6
42-registry for interested parties or the Tax Sale Ombudsman to designate property to be 7
43-withheld from tax sale under certain provisions of law; requiring the State 8
44-Department of Assessments and Taxation to assist each county in creating and 9
45-maintaining the registry on request; requiring a county or municipal corporation to 10
46-withhold from tax sale certain property when the taxes consist only of a lien for 11
47-unpaid water and sewer service; authorizing a county or a municipal corporation to 12
48-withhold from tax sale certain property designated for redevelopment purposes; 13
49-altering the contents of certain statements required to be sent to an owner of 14 2 HOUSE BILL 59
28+FOR the purpose of requiring that certain owner–occupied property be withheld from tax 3
29+sale; requiring a county or municipal corporation to withhold from tax sale certain 4
30+property when the taxes consist only of a lien for unpaid water and sewer service; 5
31+authorizing a county or a municipal corporation to withhold from tax sale certain 6
32+property designated for redevelopment purposes; altering the contents of certain 7
33+statements required to be sent to an owner of property subject to tax sale; altering 8
34+certain provisions of law concerning abandoned property that is sold for less than 9
35+the lien amount; establishing a maximum rate of redemption for owner–occupied 10
36+property sold at tax sale; prohibiting taxes, interest, and penalties accruing after the 11
37+date of a tax sale from being included in the payment required to redeem 12
38+owner–occupied residential property; extending the period of time during which a 13
39+holder of a certificate of sale is prohibited from filing a complaint to foreclose the 14
40+right of redemption for owner–occupied residential property after the date of sale; 15
41+altering the contents of certain notices required to be sent to certain persons with an 16
42+interest in property sold at tax sale; extending the period of time after a tax sale 17
43+during which a certain notice may not be sent to certain persons with an interest in 18
44+owner–occupied residential property sold at the tax sale; requiring the plaintiff in an 19
45+action to foreclose the right of redemption for an owner–occupied property subject to 20
46+tax sale to send written notice of the proceeding to the State Tax Sale Ombudsman; 21
47+extending the period of time after issuance of a judgment foreclosing the right of 22
48+redemption before a plaintiff may take possession of a property that has tenants; 23 2 HOUSE BILL 59
5049
5150
52-property subject to tax sale; altering certain provisions of law concerning abandoned 1
53-property that is sold for less than the lien amount; establishing a maximum rate of 2
54-redemption for owner–occupied property sold at tax sale; prohibiting taxes, interest, 3
55-and penalties accruing after the date of a tax sale from being included in the payment 4
56-required to redeem owner–occupied residential property; extending the period of 5
57-time during which a holder of a certificate of sale is prohibited from filing a complaint 6
58-to foreclose the right of redemption for owner–occupied residential property after the 7
59-date of sale; altering the contents of certain notices required to be sent to certain 8
60-persons with an interest in property sold at tax sale; extending the period of time 9
61-after a tax sale during which a certain notice may not be sent to certain persons with 10
62-an interest in owner–occupied residential property sold at the tax sale; requiring the 11
63-plaintiff in an action to foreclose the right of redemption for an owner–occupied 12
64-property subject to tax sale to send written notice of the proceeding to the State Tax 13
65-Sale Ombudsman; extending the period of time after issuance of a judgment 14
66-foreclosing the right of redemption before a plaintiff may take possession of a 15
67-property that has tenants; altering certain notice requirements that apply before a 16
68-plaintiff may take possession of a property that has tenants; extending the amount 17
69-of time that has to pass after a tax sale before the plaintiff or the holder of a 18
70-certificate of sale for owner–occupied residential property may be reimbursed for 19
71-certain expenses when the property is redeemed; prohibiting the sale of property to 20
72-enforce a lien for unpaid charges for water and sewer service except under certain 21
73-circumstances; requiring a county to maintain a record of the information the county 22
74-provides for the Annual Tax Sale Survey for a certain minimum number of years; 23
75-altering certain requirements concerning eligibility for participation in the 24
76-Homeowner Protection Program; and generally relating to tax sales. 25
51+altering certain notice requirements that apply before a plaintiff may take 1
52+possession of a property that has tenants; extending the amount of time that has to 2
53+pass after a tax sale before the plaintiff or the holder of a certificate of sale for 3
54+owner–occupied residential property may be reimbursed for certain expenses when 4
55+the property is redeemed; prohibiting the sale of property to enforce a lien for unpaid 5
56+charges for water and sewer service except under certain circumstances; requiring a 6
57+county to maintain a record of the information the county provides for the Annual 7
58+Tax Sale Survey for a certain minimum number of years; altering certain 8
59+requirements concerning eligibility for participation in the Homeowner Protection 9
60+Program; and generally relating to tax sales. 10
7761
78-BY repealing and reenacting, with amendments, 26
62+BY repealing and reenacting, with amendments, 11
63+ Article – Tax – Property 12
64+Section 14–811(b) and (e), 14–817.1(a), 14–820, 14–828(a), 14–833(a)(2), (a–1)(3)(v)3. 13
65+14–833(a–1)(3)(v)3. and (vi)3. and (4)(i)2., (c)(2), and (d)(2), 14–836(b)(4)(i) and 14
66+(7), 14–843(a)(4)(ii) and (b)(1)(ii), 14–844(e), 14–845(c), 14–849.1, 14–879(a), 15
67+and 14–883(d) 16
68+ Annotated Code of Maryland 17
69+ (2019 Replacement Volume and 2024 Supplement) 18
70+
71+BY repealing and reenacting, without amendments, 19
72+ Article – Tax – Property 20
73+Section 14–811(a)(2), 14–817(c), 14–833(a)(2) and (a–14)(4)(i)2., 14–843(a)(4)(ii) and 21
74+(b)(1)(ii), 14–849.1, 14–883(a), and 14–884 22
75+ Annotated Code of Maryland 23
76+ (2019 Replacement Volume and 2024 Supplement) 24
77+
78+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
79+That the Laws of Maryland read as follows: 26
80+
7981 Article – Tax – Property 27
80-Section 14–811(b) and (e) 14–811(a)(2), (b), (e), and (h), 14–817.1(a), 14–820, 28
81-14–828(a), 14–833(a)(2), (a–1)(3)(v)3. 14–833(a–1)(3)(v)3. and (vi)3. and 29
82-(4)(i)2., (c)(2), and (d)(2), 14–836(b)(4)(i) and (7), 14–843(a)(4)(ii) and (b)(1)(ii), 30
83-14–844(e), 14–845(c), 14–849.1, 14–879(a), and 14–883(d) 31
84- Annotated Code of Maryland 32
85- (2019 Replacement Volume and 2024 Supplement) 33
8682
87-BY adding to 34
88- Article – Tax – Property 35
89- Section 14–811(j) 36
90- Annotated Code of Maryland 37
91- (2019 Replacement Volume and 2024 Supplement) 38
83+14–811. 28
9284
93-BY repealing and reenacting, without amendments, 39
94- Article – Tax – Property 40
95-Section 14–811(a)(2), 14–817(c), 14–833(a)(2) and (a–14)(4)(i)2., (a–1)(4)(i)2., 41
96-14–843(a)(4)(ii) and (b)(1)(ii), 14–849.1, 14–883(a), and 14–884 42
97- Annotated Code of Maryland 43
98- (2019 Replacement Volume and 2024 Supplement) 44 HOUSE BILL 59 3
85+ (a) (2) The governing body of a county or municipal corporation may withhold 29
86+from sale owner–occupied residential property that meets objective criteria established by 30
87+the governing body of the county or municipal corporation. 31
88+
89+ (b) (1) The collector may withhold from sale any NON–OWNER–OCCUPIED 32
90+residential property, when the total taxes on the property, including interest and penalties, 33
91+amount to less than $750. 34
92+
93+ (2) [In Baltimore City, the] THE collector shall withhold from sale 35
94+owner–occupied residential property, when the total taxes on the property, including 36
95+interest and penalties, amount to less than [$750] $1,000. 37
96+ HOUSE BILL 59 3
97+
98+
99+ (3) [In Baltimore City, the] THE collector shall withhold from sale 1
100+residential property or property that is exempt from taxation under § 7–204(1) or (2) of this 2
101+article, if the taxes on the property consist only of a lien for unpaid charges for water and 3
102+sewer service. 4
103+
104+ (e) [Baltimore City] THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY 5
105+OR THE GOVERNING BOD Y OF A COUNTY OR MUN ICIPAL CORPORATION may withhold 6
106+from sale property that has been designated for redevelopment purposes if the property 7
107+meets objective criteria established by the Mayor and City Council of Baltimore City OR 8
108+THE GOVERNING BODY . 9
109+
110+14–817. 10
111+
112+ (c) (1) Abandoned property consisting of either a vacant lot or improved 11
113+property cited as vacant and unfit for habitation on a housing or building violation notice 12
114+may be sold for a sum less than the total amount of: 13
115+
116+ (i) all taxes on the property that are certified to the collector under 14
117+§ 14–810 of this subtitle; 15
118+
119+ (ii) interest and penalties on the taxes; and 16
120+
121+ (iii) expenses incurred in making the sale. 17
122+
123+ (2) The collector shall establish a minimum bid for abandoned property 18
124+sold under this subsection. 19
125+
126+ (3) The person responsible for the taxes prior to the sale shall remain liable 20
127+to the collector for the difference between the amount received in the tax sale under this 21
128+section and the taxes, interest, penalties, and expenses remaining after the sale. 22
129+
130+ (4) The balance remaining after the tax sale shall be included in the 23
131+amount necessary to redeem the property under § 14–828 of this subtitle. 24
132+
133+ (5) In a proceeding brought by the governing body of a county or municipal 25
134+corporation to foreclose the right of redemption under this subtitle, the complaint may 26
135+request a judgment for the county or municipal corporation in the amount of the balance. 27
136+
137+ (6) The balance remaining after the tax sale is no longer a lien on the 28
138+property when: 29
139+
140+ (i) a judgment is entered foreclosing the owner’s right of 30
141+redemption; 31
142+
143+ (ii) the deed is recorded; and 32
144+
145+ (iii) all liens accruing subsequent to the date of sale are paid in full. 33 4 HOUSE BILL 59
99146
100147
101148
102- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
103-That the Laws of Maryland read as follows: 2
149+ (7) The governing body of a county or municipal corporation may institute 1
150+a separate action to collect the balance at any time within 7 years after the tax sale if the 2
151+plaintiff is a private purchaser. 3
104152
105-Article – Tax – Property 3
153+14–817.1. 4
106154
107-14–811. 4
155+ (a) Within 60 days after a property is sold at a tax sale, the collector shall send to 5
156+the person who last appears as owner of the property on the collector’s tax roll, at the last 6
157+address shown on the tax roll, a notice that includes: 7
108158
109- (a) (2) The governing body of a county or municipal corporation may withhold 5
110-from sale owner–occupied residential property OR RESIDENTIAL PROPE RTY OCCUPIED 6
111-BY AN HEIR OF A DECE ASED OWNER that meets objective criteria established by the 7
112-governing body of the county or municipal corporation. 8
159+ (1) a statement that the property has been sold to satisfy unpaid taxes; 8
113160
114- (b) (1) The collector may withhold from sale any NON–OWNER–OCCUPIED 9
115-residential property, when the total taxes on the property, including interest and penalties, 10
116-amount to less than $750. 11
161+ (2) the date of the tax sale; 9
117162
118- (2) [In Baltimore City, the] THE collector shall withhold from sale 12
119-owner–occupied residential property, when WHEN the total taxes on the property, 13
120-including interest and penalties, amount to less than [$750] $1,000, THE COLLECTOR 14
121-SHALL WITHHOLD FROM SALE: 15
163+ (3) the amount of the highest bid; 10
122164
123- (I) OWNER–OCCUPIED RESIDEN TIAL PROPERTY; AND 16
165+ (4) the lien amount on the property at the time of sale; 11
124166
125- (II) RESIDENTIAL PROPERTY OCCUPIED BY AN HEIR OF A 17
126-DECEASED OWNER . 18
167+ (5) a statement that the owner has the right to redeem the property until 12
168+a court forecloses that right; 13
127169
128- (3) [In Baltimore City, the] THE collector shall withhold from sale 19
129-residential property or property that is exempt from taxation under § 7–204(1) or (2) of this 20
130-article, if the taxes on the property consist only of a lien for unpaid charges for water and 21
131-sewer service. 22
170+ (6) a statement that the purchaser of the property may institute an action 14
171+to foreclose the property: 15
132172
133- (e) [Baltimore City] THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY 23
134-OR THE GOVERNING BOD Y OF A COUNTY OR MUN ICIPAL CORPORATION may withhold 24
135-from sale property that has been designated for redevelopment purposes if the property 25
136-meets objective criteria established by the Mayor and City Council of Baltimore City OR 26
137-THE GOVERNING BODY . 27
173+ (i) as early as 6 months from the date of the sale; or 16
138174
139- (h) (1) In this subsection, “dwelling” and “homeowner” have the meanings 28
140-stated in § 9–105 of this article. 29
175+ (ii) if a government agency certifies that the property requires, or 17
176+shall require, substantial repair to comply with applicable business codes, as early as 60 18
177+days from the date of the sale; 19
141178
142- (2) The MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 30
143-governing body of a county or municipal corporation may withhold from sale a dwelling 31
144-owned by a homeowner OR OCCUPIED BY AN HE IR OF A DECEASED HOM EOWNER who is 32 4 HOUSE BILL 59
179+ (7) a statement that if the property is redeemed before an action to 20
180+foreclose the right of redemption is filed, the amount that shall be paid to redeem the 21
181+property is: 22
145182
183+ (i) the total lien amount on the property at the time of sale, with 23
184+interest; 24
146185
147-low–income, at least 65 years old, or disabled if the homeowner OR HEIR meets eligibility 1
148-criteria established by the county or municipal corporation. 2
186+ (ii) any taxes, interest, and penalties paid by the holder of the 25
187+certificate of sale; and 26
149188
150- (J) (1) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 3
151-GOVERNING BODY OF A COUNTY SHALL ESTABLI SH A REGISTRY FOR IN TERESTED 4
152-PARTIES OR THE TAX SALE OMBUDSMAN TO DESIGNAT E A PROPERTY TO BE 5
153-WITHHELD FROM TAX SALE IN ACCORDANCE WITH THIS SECTION. 6
154-
155- (2) ON REQUEST OF THE MAYOR AND CITY COUNCIL OF BALTIMORE 7
156-CITY OR THE GOVERNING BODY OF A COUNTY , THE DEPARTMENT SHALL PROV IDE 8
157-ASSISTANCE IN CREATI NG AND MAINTAINING T HE REGISTRY REQUIRED UNDER 9
158-PARAGRAP H (1) OF THIS SUBSECTION . 10
159-
160-14–817. 11
161-
162- (c) (1) Abandoned property consisting of either a vacant lot or improved 12
163-property cited as vacant and unfit for habitation on a housing or building violation notice 13
164-may be sold for a sum less than the total amount of: 14
165-
166- (i) all taxes on the property that are certified to the collector under 15
167-§ 14–810 of this subtitle; 16
168-
169- (ii) interest and penalties on the taxes; and 17
170-
171- (iii) expenses incurred in making the sale. 18
172-
173- (2) The collector shall establish a minimum bid for abandoned property 19
174-sold under this subsection. 20
175-
176- (3) The person responsible for the taxes prior to the sale shall remain liable 21
177-to the collector for the difference between the amount received in the tax sale under this 22
178-section and the taxes, interest, penalties, and expenses remaining after the sale. 23
179-
180- (4) The balance remaining after the tax sale shall be included in the 24
181-amount necessary to redeem the property under § 14–828 of this subtitle. 25
182-
183- (5) In a proceeding brought by the governing body of a county or municipal 26
184-corporation to foreclose the right of redemption under this subtitle, the complaint may 27
185-request a judgment for the county or municipal corporation in the amount of the balance. 28
186-
187- (6) The balance remaining after the tax sale is no longer a lien on the 29
188-property when: 30
189-
190- (i) a judgment is entered foreclosing the owner’s right of 31
191-redemption; 32
189+ (iii) FOR PROPERTY THAT IS NOT OWNER –OCCUPIED 27
190+RESIDENTIAL PROPERTY , any DELINQUENT taxes, interest, and penalties accruing after 28
191+the date of the tax sale; 29
192192 HOUSE BILL 59 5
193-
194-
195- (ii) the deed is recorded; and 1
196-
197- (iii) all liens accruing subsequent to the date of sale are paid in full. 2
198-
199- (7) The governing body of a county or municipal corporation may institute 3
200-a separate action to collect the balance at any time within 7 years after the tax sale if the 4
201-plaintiff is a private purchaser. 5
202-
203-14–817.1. 6
204-
205- (a) Within 60 days after a property is sold at a tax sale, the collector shall send to 7
206-the person who last appears as owner of the property on the collector’s tax roll, at the last 8
207-address shown on the tax roll, a notice that includes: 9
208-
209- (1) a statement that the property has been sold to satisfy unpaid taxes; 10
210-
211- (2) the date of the tax sale; 11
212-
213- (3) the amount of the highest bid; 12
214-
215- (4) the lien amount on the property at the time of sale; 13
216-
217- (5) a statement that the owner has the right to redeem the property until 14
218-a court forecloses that right; 15
219-
220- (6) a statement that the purchaser of the property may institute an action 16
221-to foreclose the property: 17
222-
223- (i) as early as 6 months from the date of the sale; or 18
224-
225- (ii) if a government agency certifies that the property requires, or 19
226-shall require, substantial repair to comply with applicable business codes, as early as 60 20
227-days from the date of the sale; 21
228-
229- (7) a statement that if the property is redeemed before an action to 22
230-foreclose the right of redemption is filed, the amount that shall be paid to redeem the 23
231-property is: 24
232-
233- (i) the total lien amount on the property at the time of sale, with 25
234-interest; 26
235-
236- (ii) any taxes, interest, and penalties paid by the holder of the 27
237-certificate of sale; and 28
238-
239- (iii) FOR PROPERTY THAT IS NOT OWNER –OCCUPIED 29
240-RESIDENTIAL PROPERTY , any DELINQUENT taxes, interest, and penalties accruing after 30
241-the date of the tax sale; 31 6 HOUSE BILL 59
242-
243193
244194
245195 (8) a statement that, if the property is redeemed more than 4 months after 1
246196 the date of the tax sale, and before an action to foreclose the right of redemption is filed, 2
247197 the holder of the certificate of sale may be reimbursed for: 3
248198
249199 (i) attorney’s fees for recording the certificate of sale; 4
250200
251201 (ii) a title search fee, not to exceed $250; and 5
252202
253203 (iii) reasonable attorney’s fees, not to exceed $500; 6
254204
255205 (9) a statement that, if the property is redeemed after an action to foreclose 7
256206 the right of redemption has been filed, the amount that shall be paid to redeem the property 8
257207 is the sum of: 9
258208
259209 (i) the total lien amount on the property at the time of sale, with 10
260210 interest; 11
261211
262212 (ii) any taxes, interest, and penalties paid by the holder of the 12
263213 certificate of sale; 13
264214
265215 (iii) FOR PROPERTY THAT IS NOT OWNE R–OCCUPIED 14
266216 RESIDENTIAL PROPERTY , any DELINQUENT taxes, interest, and penalties accruing after 15
267217 the date of the tax sale; and 16
268218
269219 (iv) attorney’s fees and expenses to which the holder of the certificate 17
270220 of sale may be entitled under § 14–843(a)(4) and (5) of this subtitle; and 18
271221
272222 (10) the provisions of § 14–843(a) of this subtitle, reproduced as they appear 19
273223 in the Code. 20
274224
275225 14–820. 21
276226
277227 (a) The collector shall deliver to the purchaser a certificate of sale under the 22
278228 collector’s hand and seal, or by the collector’s authorized facsimile signature, acknowledged 23
279229 by the collector as a conveyance of land, which certificate shall set forth: 24
280230
281231 (1) that the property described in it was sold by the collector to the 25
282232 purchaser; 26
283233
284234 (2) the date of the sale; 27
285235
286236 (3) the amount for which the property was sold; 28
287237
288238 (4) the total amount of taxes due on the property at the time of sale 29
289239 together with interest, penalties and expenses incurred in making the sale; 30
290- HOUSE BILL 59 7
240+ 6 HOUSE BILL 59
291241
292242
293243 (5) a description of the property in substantially the same form as the 1
294244 description appearing on the collector’s tax roll. If the property is unimproved or has no 2
295245 street number, and the collector has procured a description of the property from the county 3
296246 or municipal corporation surveyor, this description shall be included in the certificate of 4
297247 sale. In Garrett County a copy of the description as required by § 14–813(f) of this subtitle, 5
298248 as that section relates specifically to Garrett County, shall be included in the certificate of 6
299249 sale; 7
300250
301251 (6) a statement that the rate of redemption is 6% a year, except as provided 8
302252 in subsection (b) of this section; 9
303253
304254 (7) the time when an action to foreclose the right of redemption may be 10
305255 instituted; and 11
306256
307257 (8) (i) that the certificate will be void unless foreclosure proceedings are 12
308258 brought within 2 years from the date of the certificate; or 13
309259
310260 (ii) that, unless foreclosure proceedings are brought within 3 months 14
311261 from the date of the certificate to any abandoned property [in Baltimore City] sold under § 15
312262 14–817(c)(1) of this subtitle with a minimum bid less than the lien amount, the certificate: 16
313263
314264 1. is void as to a private purchaser; and 17
315265
316266 2. reverts to the Mayor and City Council OF BALTIMORE 18
317267 CITY OR THE GOVERNING BODY OF A COUNTY , OR IF THE PROPERTY I S LOCATED IN 19
318268 A MUNICIPAL CORPORAT ION, THE GOVERNING BODY O F THE MUNICIPAL 20
319269 CORPORATION for a period of 2 years from the date of the tax sale. 21
320270
321271 (b) [The] SUBJECT TO SUBSECTION (C) OF THIS SECTION , THE rate of 22
322272 redemption is 6% a year except: 23
323273
324274 (1) in Allegany County the rate is 6% a year or as fixed by the County 24
325275 Commissioners; 25
326276
327277 (2) in Anne Arundel County the rate is 6% a year or as fixed by a law of the 26
328278 County Council; 27
329279
330280 (3) in Baltimore City the rate is 6% a year or as fixed by a law of the City 28
331281 Council; 29
332282
333283 (4) in Baltimore County the rate is 6% a year or as fixed by a law of the 30
334284 County Council; 31
335285
336286 (5) in Cecil County the rate is 6% a year or as fixed by the County 32
337287 Commissioners; 33
338- 8 HOUSE BILL 59
288+ HOUSE BILL 59 7
339289
340290
341291 (6) in Calvert County the rate is 10% a year or as fixed by the County 1
342292 Commissioners; 2
343293
344294 (7) in Caroline County the rate is 10% a year or as fixed by the County 3
345295 Commissioners; 4
346296
347297 (8) in Carroll County the rate is 14% a year or as fixed by the County 5
348298 Commissioners; 6
349299
350300 (9) in Dorchester County the rate is 10% a year or as fixed by the County 7
351301 Commissioners; 8
352302
353303 (10) in Frederick County the rate is 6% a year or as fixed by the governing 9
354304 body of Frederick County; 10
355305
356306 (11) in Garrett County the rate is 10% a year or as fixed by the County 11
357307 Commissioners; 12
358308
359309 (12) in Harford County the rate is 6% a year or as fixed by a law of the 13
360310 County Council; 14
361311
362312 (13) in Howard County the rate is 6% a year or as fixed by a law of the 15
363313 County Council; 16
364314
365315 (14) in Kent County the rate is 6% a year or as fixed by the County 17
366316 Commissioners; 18
367317
368318 (15) in Montgomery County the rate is 6% a year or as fixed by a law of the 19
369319 County Council; 20
370320
371321 (16) in Prince George’s County the rate is 6% a year or as fixed by a law of 21
372322 the County Council; 22
373323
374324 (17) in Queen Anne’s County the rate is 6% a year or as fixed by the County 23
375325 Commissioners; 24
376326
377327 (18) in Somerset County, Charles County, Wicomico County, and Worcester 25
378328 County the rate is 6% a year or as fixed by the County Commissioners or by a law of the 26
379329 County Council; 27
380330
381331 (19) in Talbot County the rate is 6% a year or as fixed by a law of the County 28
382332 Council; and 29
383333
384334 (20) in Washington County the rate is 6% a year or as fixed by the County 30
385335 Commissioners. 31
386- HOUSE BILL 59 9
336+ 8 HOUSE BILL 59
387337
388338
389339 (C) FOR OWNER –OCCUPIED RESIDENTIAL PROPERTY, THE RATE OF 1
390340 REDEMPTION MAY NOT E XCEED 10% A YEAR. 2
391341
392342 [(c)] (D) The certificate of sale shall be in substantially the following form: 3
393343
394344 “I, .........., Collector of Taxes for the State of Maryland and the .......... of ........, certify that 4
395345 on ......., 20...., I sold to ........, at public auction for the sum of .......... Dollars and ......... Cents, 5
396346 of which ...... Dollars has been paid, the property in ......... described as ........ and assessed 6
397347 to ......... The property described in this certificate is subject to redemption. On redemption 7
398348 the holder of the certificate will be refunded the sums paid on account of the purchase price 8
399349 together with interest at the rate of 6% a year from the date of payment to the date of 9
400350 redemption (except as stated in [subsection (b) of] § 14–820 of the Tax – Property Article 10
401351 of the Annotated Code of Maryland), together with all other amounts specified by Chapter 11
402352 761 of the Acts of 1943, and acts that amend that chapter. The balance due on account of 12
403353 the purchase price and all taxes, together with interest and penalties on the taxes, accruing 13
404354 after the date of sale, must be paid to the Collector before a deed can be delivered to the 14
405355 purchaser. After .........., 20...., a proceeding can be brought to foreclose all rights of 15
406356 redemption in the property. This certificate will be void unless such a proceeding is brought 16
407357 within 2 years from the date of this certificate, except that [in Baltimore City,] with respect 17
408358 to any abandoned property sold under § 14–817(c) of the Tax – Property Article of the 18
409359 Annotated Code of Maryland with a minimum bid less than the lien amount, the certificate 19
410360 will revert to the Mayor and City Council OF BALTIMORE CITY OR THE GOVERNING 20
411361 BODY OF THE COUNTY , OR IF THE PROPERTY I S LOCATED IN A MUNIC IPAL 21
412362 CORPORATION , THE GOVERNING BODY O F THE MUNICIPAL CORP ORATION, and will 22
413363 be void as to the private purchaser at tax sale unless such a proceeding is brought within 3 23
414364 months from the date of the certificate. 24
415365
416366 Witness my hand and seal, this ....... day of ......, 20............... 25
417367 ............................... 26
418368 Collector” 27
419369
420370 (To be followed by acknowledgment). 28
421371
422372 14–828. 29
423373
424374 (a) (1) If the property is redeemed, the person redeeming shall pay the 30
425375 collector: 31
426376
427377 (i) the total lien amount paid at the tax sale for the property 32
428378 together with interest; 33
429379
430380 (ii) any taxes, interest, and penalties paid by any holder of the 34
431381 certificate of sale; 35
432382
433383 (iii) except as provided under paragraph (2) of this subsection, any 36
434-delinquent taxes, interest, and penalties accruing after the date of the tax sale; 37 10 HOUSE BILL 59
384+delinquent taxes, interest, and penalties accruing after the date of the tax sale; 37 HOUSE BILL 59 9
435385
436386
437387
438388 (iv) in the manner and by the terms required by the collector, any 1
439389 expenses or fees for which the plaintiff or the holder of a certificate of sale is entitled to 2
440390 reimbursement under § 14–843 of this subtitle; and 3
441391
442392 (v) for vacant and abandoned property sold under § 14–817 of this 4
443393 subtitle for a sum less than the amount due, the difference between the price paid and the 5
444394 unpaid taxes, interest, penalties, and expenses. 6
445395
446396 (2) For owner–occupied residential property [in Baltimore City], any taxes, 7
447397 interest, and penalties accruing after the date of the tax sale may not be included in the 8
448398 redemption payment required under paragraph (1) of this subsection. 9
449399
450400 14–833. 10
451401
452402 (a) (2) Except as provided in subsections (a–1), (e), (f), and (g) of this section, 11
453403 at any time after [9] 12 months from the date of sale of owner–occupied residential 12
454404 property, a holder of any certificate of sale may file a complaint to foreclose all rights of 13
455405 redemption of the property to which the certificate relates. 14
456406
457407 (a–1) (3) The notices required under this subsection shall include at least the 15
458408 following: 16
459409
460410 (v) a statement that if the property is redeemed before an action to 17
461411 foreclose the right of redemption is filed, the amount that shall be paid to redeem the 18
462412 property is: 19
463413
464414 3. FOR PROPERTY THAT IS NOT OWNER –OCCUPIED 20
465415 RESIDENTIAL PROPERTY , any delinquent taxes, interest, and penalties accruing after the 21
466416 date of the tax sale; and 22
467417
468418 (vi) a statement that if the property is redeemed after an action to 23
469419 foreclose the right of redemption has been filed, the amount that shall be paid to redeem 24
470420 the property is the sum of: 25
471421
472422 3. FOR PROPERTY THAT IS NOT OWNER –OCCUPIED 26
473423 RESIDENTIAL PROPERTY , any delinquent taxes, interest, and penalties accruing after the 27
474424 date of the tax sale; and 28
475425
476426 (4) (i) 2. For owner–occupied residential property, the first of the 29
477427 two notices required under this subsection may not be sent until [7] 10 months after the 30
478428 date of sale. 31
479429
480430 (c) (2) A certificate for abandoned property sold under § 14–817(c) of this 32
481431 subtitle with a minimum bid less than the lien amount reverts to the MAYOR AND CITY 33
482-COUNCIL OF BALTIMORE CITY OR THE GOVERNING BODY OF THE county or, IF THE 34 HOUSE BILL 59 11
432+COUNCIL OF BALTIMORE CITY OR THE GOVERNING BODY OF THE county or, IF THE 34 10 HOUSE BILL 59
483433
484434
485435 PROPERTY IS LOCATED IN A MUNICIPAL CORPO RATION, THE GOVERNING BODY O F 1
486436 THE municipal corporation and is void as to the private purchaser at tax sale unless: 2
487437
488438 (i) a proceeding to foreclose the right of redemption is filed within 3 3
489439 months of the date of the certificate of sale; and 4
490440
491441 (ii) unless the holder is granted an extension by the court due to a 5
492442 showing of extraordinary circumstances beyond the certificate holder’s control, the holder 6
493443 secures a decree from the circuit court in which the foreclosure proceeding was filed within 7
494444 18 months from the date of the filing of the foreclosure proceeding. 8
495445
496446 (d) (2) If a certificate for abandoned property reverts to the Mayor and City 9
497447 Council of Baltimore City OR THE GOVERNING BOD Y OF A COUNTY OR , IF THE 10
498448 PROPERTY IS LOCATED IN A MUNICIPAL CORPO RATION, THE GOVERNING BODY O F 11
499449 THE MUNICIPAL CORPOR ATION under this section, the Mayor and City Council OR THE 12
500450 GOVERNING BODY may: 13
501451
502452 (i) file a foreclosure proceeding in its own name; or 14
503453
504454 (ii) 1. resell the certificate; and 15
505455
506456 2. apply all money received on account of the sale to any 16
507457 outstanding balance remaining after the sale on the tax debt owed by the previous owner 17
508458 of the abandoned property. 18
509459
510460 14–836. 19
511461
512462 (b) (4) (i) Notwithstanding the provision of paragraph (3) of this 20
513463 subsection, the plaintiff shall send written notice of the proceeding to: 21
514464
515465 1. all persons having a recorded interest, claim, or lien, 22
516466 including a judgment, who have not been made a defendant in the proceeding, and, if the 23
517467 subject property is part of a homeowners association or condominium association, to the 24
518468 homeowners association or condominium association governing the property, at the last 25
519469 reasonably ascertainable address; [and] 26
520470
521471 2. each tenant of the subject property whose identity is 27
522472 known to the plaintiff, at the tenant’s last reasonably ascertainable address; AND 28
523473
524474 3. IF THE SUBJECT PROPE RTY IS OWNER –OCCUPIED, 29
525475 THE STATE TAX SALE OMBUDSMAN . 30
526476
527477 (7) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, after 31
528478 issuance of the judgment foreclosing right of redemption and at least [30] 90 days before 32
529-taking possession of the property, the plaintiff shall give any tenant of the property written 33 12 HOUSE BILL 59
479+taking possession of the property, the plaintiff shall give any tenant of the property written 33 HOUSE BILL 59 11
530480
531481
532482 notice of the plaintiff’s intention to obtain possession of the property and that the tenant 1
533483 must vacate the property within [30] 90 days after the notice. 2
534484
535485 (ii) During the [30–day] 90–DAY period immediately following 3
536486 issuance of the judgment foreclosing the right of redemption, the plaintiff may apply for, 4
537487 process, and obtain, but not execute upon, a writ for possession of the property. 5
538488
539489 (iii) The notice shall be sent: 6
540490
541491 1. by first–class mail, postage prepaid, CERTIFICATE OF 7
542492 MAILING, bearing a postmark from the United States Postal Service addressed to the 8
543493 tenant by name if the identity of the tenant is known to the plaintiff, and addressed to 9
544494 “occupant” if the identity of the tenant is not known; 10
545495
546496 2. to each separately leased area of the property that the 11
547497 plaintiff can reasonably ascertain is occupied; and 12
548498
549499 3. in an envelope prominently marked on the outside with 13
550500 the following phrase “Notice of Taking Possession of Property”. 14
551501
552502 (IV) THE NOTICE REQUIRED U NDER THIS PARAGRAPH SHALL 15
553-ALSO BE POSTED ON TH E PROPERTY WITHIN 1 DAY 10 5 DAYS OF FIRST BEING SENT 16
503+ALSO BE POSTED ON TH E PROPERTY WITHIN 1 DAY 10 DAYS OF FIRST BEING SENT 16
554504 UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH . 17
555505
556506 14–843. 18
557507
558508 (a) (4) (ii) For owner–occupied residential property, if an action to foreclose 19
559509 the right of redemption has not been filed, and the property is redeemed more than [7] 10 20
560510 months after the date of the tax sale, the holder of a certificate of sale may be reimbursed 21
561511 for the following expenses actually incurred: 22
562512
563513 1. costs for recording the certificate of sale; 23
564514
565515 2. a title search fee, not to exceed $250; 24
566516
567517 3. the postage and certified mailing costs for the notices 25
568518 required under § 14–833(a–1) of this subtitle; and 26
569519
570520 4. reasonable attorney’s fees, not to exceed $500. 27
571521
572522 (b) (1) (ii) For owner–occupied residential property, the plaintiff or holder 28
573523 of a certificate of sale may not be reimbursed for expenses incurred within [7] 10 months 29
574524 after the date of sale. 30
575525
576526 14–844. 31
577- HOUSE BILL 59 13
527+ 12 HOUSE BILL 59
578528
579529
580530 (e) [In Baltimore City where] WHERE abandoned property has been sold for a 1
581531 sum less than the amount due under § 14–817 of this subtitle, in a foreclosure proceeding 2
582532 brought by the Mayor and City Council OF BALTIMORE CITY OR THE GOVERNING BODY 3
583533 OF A COUNTY OR MUNICIPAL COR PORATION, the final order may include a judgment in 4
584534 favor of the city, COUNTY, OR MUNICIPAL CORPORA TION and against the person liable 5
585535 for taxes prior to the sale, in the amount of the unpaid taxes, interest, penalties, and 6
586536 expenses otherwise due in a tax sale. 7
587537
588538 14–845. 8
589539
590540 (c) [In Baltimore City, with] WITH respect to abandoned property that is subject 9
591541 to § 14–817(c) of this subtitle: 10
592542
593543 (1) a defendant or any person described in § 14–836(b)(1) or (4)(i) of this 11
594544 subtitle may file an action to recover damages on the ground of inadequate notice within 3 12
595545 years after the date of judgment foreclosing rights of redemption; 13
596546
597547 (2) damages in an action under item (1) of this subsection may not exceed 14
598548 the fair market value of that person’s interest in the property at the time of the sale; and 15
599549
600550 (3) a person may not file to reopen a judgment foreclosing rights of 16
601551 redemption based on inadequate notice. 17
602552
603553 14–849.1. 18
604554
605555 (a) [In Baltimore City, the Mayor and City Council] THE MAYOR AND CITY 19
606556 COUNCIL OF BALTIMORE CITY OR THE GOVERNING BODY OF A COUNTY OR 20
607557 MUNICIPAL CORPORATIO N may not sell a property to enforce a lien for unpaid charges 21
608558 for water and sewer service unless: 22
609559
610560 (1) the lien is for at least $350; 23
611561
612562 (2) the property is not: 24
613563
614564 (i) a residential property; or 25
615565
616566 (ii) real property that is exempt from taxation under § 7–204(1) or 26
617567 (2) of this article; and 27
618568
619569 (3) the unpaid charges for water and sewer service are at least 3 quarters 28
620570 in arrears. 29
621571
622572 (b) Notwithstanding subsection (a) of this section, the Mayor and City Council OF 30
623573 BALTIMORE CITY OR THE GOVERNING BODY OF A COUNTY OR MUNICIPAL 31
624-CORPORATION may enforce a lien on a property other than residential property or real 32 14 HOUSE BILL 59
574+CORPORATION may enforce a lien on a property other than residential property or real 32 HOUSE BILL 59 13
625575
626576
627577 property that is exempt from taxation under § 7–204(1) or (2) of this article for unpaid water 1
628578 and sewer service that is less than $350 if the property is being sold to enforce another lien. 2
629579
630580 (c) This section does not affect any other right or remedy of Baltimore City, A 3
631581 COUNTY, OR A MUNICIPAL CORPO RATION for the collection of a water and sewer service 4
632582 charge. 5
633583
634584 14–879. 6
635585
636586 (a) (1) The Department shall conduct an annual survey of each county that 7
637587 conducts a tax sale under Part III of this subtitle to obtain the information specified in this 8
638588 section. 9
639589
640590 (2) Each county shall provide the Department all the information specified 10
641591 in this section on the form that the Department provides. 11
642592
643593 (3) The Department may not disburse or authorize the disbursement of any 12
644594 funds to a county under this article if the county has not provided all the information 13
645595 specified in this section. 14
646596
647597 (4) EACH COUNTY SHALL MAI NTAIN A RECORD OF TH E INFORMATION 15
648598 SPECIFIED IN THIS SE CTION FOR AT LEAST 3 YEARS AFTER THE DATE OF A TAX SALE. 16
649599
650600 14–883. 17
651601
652602 (a) In this part the following words have the meanings indicated. 18
653603
654604 (d) “Homeowner” [has the meaning stated] MEANS: 19
655605
656606 (1) A HOMEOWNER AS DEFIN ED in § 9–105 of this article; OR 20
657607
658608 (2) IF A HOMEOWNER AS DE FINED IN § 9–105 OF THIS ARTICLE IS 21
659609 DECEASED: 22
660610
661611 (I) THE ESTATE OF THE HO MEOWNER; 23
662612
663613 (II) THE PERSONAL REPRESE NTATIVE OF THE HOMEOWNER ; OR 24
664614
665615 (III) AN HEIR OR LEGATEE O F THE HOMEOWNER WHO IS 25
666616 ENTITLED TO INHERIT THE HOMEOWNER ’S DWELLING. 26
667617
668618 14–884. 27
669619
670620 (a) There is a Homeowner Protection Program administered by the Ombudsman 28
671621 in the Department. 29
672- HOUSE BILL 59 15
622+ 14 HOUSE BILL 59
673623
674624
675625 (b) The purpose of the Program is to divert vulnerable homeowners from the 1
676626 private tax lien sale process under Part III of this subtitle into an alternative program with 2
677627 the primary purpose of: 3
678628
679629 (1) minimizing tax collection costs to homeowners; 4
680630
681631 (2) assisting homeowners to pay their taxes; and 5
682632
683633 (3) allowing homeowners to remain in their homes. 6
684634
685635 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 7
686636 apply only prospectively and may not be applied or interpreted to have any effect on or 8
687637 application to any tax sale certificate issued before the effective date of this Act. 9
688638
689639 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
690640 January 1, 2026. 11
691641
692642
693643
694644
645+
646+
695647 Approved:
696648 ________________________________________________________________________________
697649 Governor.
698650 ________________________________________________________________________________
699651 Speaker of the House of Delegates.
700652 ________________________________________________________________________________
701653 President of the Senate.