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<section article="gtp" article_name="Tax - Property" number="14-890" title_number="14" title_name="Procedure" subtitle_number="8" subtitle_name="Collection">
  <level label="a">
    <text>In this section, “interested party” means:</text>
    <level label="1">
      <text>the person who last appears as owner of the dwelling on the collector’s tax roll;</text>
    </level>
    <level label="2">
      <text>a mortgagee of the dwelling or assignee of a mortgage of record;</text>
    </level>
    <level label="3">
      <text>a holder of a beneficial interest in a deed of trust recorded against the dwelling;</text>
    </level>
    <level label="4">
      <text>a taxing agency that has the authority to collect tax on the dwelling; or</text>
    </level>
    <level label="5">
      <text>any person having an interest in the dwelling whose identity and address are:</text>
      <level label="i">
        <text>reasonably ascertainable from the county land records; or</text>
      </level>
      <level label="ii">
        <text>revealed by a full title search consisting of at least 50 years.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>The Department may conduct an in rem foreclosure and sale of a dwelling of a homeowner formerly enrolled in the Program in accordance with this section.</text>
  </level>
  <level label="c">
    <text>The Department may foreclose on and sell a dwelling of a homeowner formerly enrolled in the Program only if:</text>
    <level label="1">
      <text>at least 3 years have elapsed since the homeowner first enrolled in the Program; and</text>
    </level>
    <level label="2">
      <text>all reasonable efforts to assist the homeowner to pay the taxes owed to the Department have failed.</text>
    </level>
  </level>
  <level label="d">
    <text>To initiate an in rem foreclosure action the Department shall:</text>
    <level label="1">
      <text>file a complaint for an in rem foreclosure in the circuit court of the county where the dwelling is located; and</text>
    </level>
    <level label="2">
      <text>within 5 days after filing the complaint, send notice and a copy of the complaint to each interested party by first–class mail and certified mail, postage prepaid, return receipt requested, bearing a postmark from the United States Postal Service.</text>
    </level>
  </level>
  <level label="e">
    <text>All taxes shall:</text>
    <level label="1">
      <text>be included in the foreclosure action; and</text>
    </level>
    <level label="2">
      <text>cease to be a lien against the dwelling if a judgment is entered foreclosing the existing interests of all interested parties in the dwelling.</text>
    </level>
  </level>
  <level label="f">
    <text>The complaint for an in rem foreclosure shall include:</text>
    <level label="1">
      <text>the name and address of the Department;</text>
    </level>
    <level label="2">
      <text>a description of the dwelling as it appears in the county land records;</text>
    </level>
    <level label="3">
      <text>the tax identification number of the dwelling;</text>
    </level>
    <level label="4">
      <text>a statement that the taxes are delinquent at the time of the filing;</text>
    </level>
    <level label="5">
      <text>the amount of taxes that are delinquent as of the date of the filing;</text>
    </level>
    <level label="6">
      <text>the names and last known addresses of all interested parties in the dwelling and, if applicable, a statement that the address of a particular interested party in the dwelling is unknown; and</text>
    </level>
    <level label="7">
      <text>a request that the circuit court enter a judgment that forecloses the existing interests of all interested parties in the dwelling and orders the dwelling to be sold at public auction.</text>
    </level>
  </level>
  <level label="g">
    <text>A complaint for an in rem foreclosure may be amended to include all taxes that become delinquent after the commencement of the in rem foreclosure action.</text>
  </level>
  <level label="h">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, an interested party has the right to cure the delinquent taxes on the dwelling by paying all past due taxes at any time before the entry of the foreclosure judgment.</text>
    </level>
    <level label="2">
      <text>The right to cure the delinquent taxes on the dwelling is extinguished once the foreclosure judgment is entered.</text>
    </level>
  </level>
  <level label="i">
    <text>A circuit court may not set a hearing for an in rem foreclosure until 30 days after the complaint for an in rem foreclosure is filed.</text>
  </level>
  <level label="j">
    <text>At the hearing, any interested party shall have the right to be heard and to contest the delinquency of the taxes and the adequacy of the proceedings.</text>
  </level>
  <level label="k">
    <text>If the circuit court finds that the Department sent notice and a copy of the complaint to each interested party and that the information set forth in the complaint is accurate, the court shall:</text>
    <level label="1">
      <text>enter a judgment that proper notice has been provided to all interested parties; and</text>
    </level>
    <level label="2">
      <text>order that the dwelling be sold at public auction.</text>
    </level>
  </level>
  <level label="l">
    <level label="1">
      <text>After entry of judgment under subsection (k) of this section, the Department shall sell the dwelling at public auction in accordance with the Maryland Rules.</text>
    </level>
    <level label="2">
      <text>The dwelling may not be sold until at least 45 days after the entry of judgment.</text>
    </level>
  </level>
  <level label="m">
    <text>The minimum bid for the sale of the dwelling shall be based on the fair market value of the dwelling, as determined by the Department.</text>
  </level>
  <level label="n">
    <level label="1">
      <text>The dwelling shall be sold to the person making the highest bid.</text>
    </level>
    <level label="2">
      <text>The person making the highest bid shall pay the full bid amount to the Department.</text>
    </level>
    <level label="3">
      <text>If the minimum bid is not made or exceeded, the Department may bid the minimum bid price and purchase the real property.</text>
    </level>
  </level>
  <level label="o">
    <level label="1">
      <text>The Department shall deposit any amount by which the highest bid exceeds the amount of taxes due on the dwelling in an escrow account.</text>
    </level>
    <level label="2">
      <text>The circuit court shall distribute the funds deposited into the escrow account to the interested parties in the order of priority of the interests of the interested parties.</text>
    </level>
  </level>
  <level label="p">
    <text>After a sale, the Department shall file a notice informing the circuit court of the sale and stating the date of the sale, the sale price, and the identity of the purchaser.</text>
  </level>
  <level label="q">
    <text>A sale of a dwelling under this section is final and binding on the maker of the highest bid.</text>
  </level>
  <level label="r">
    <level label="1">
      <text>The title acquired in an in rem foreclosure proceeding shall be an absolute or fee simple title including the right, title, and interest of each of the defendants in the proceeding whose property has been foreclosed unless a different title is specified in the judgment entered.</text>
    </level>
    <level label="2">
      <text>A judgment in an action under this section is binding and conclusive, regardless of legal disability, on:</text>
      <level label="i">
        <text>all persons, known and unknown, who were parties to the action and who had a claim to the property, whether present or future, vested or contingent, legal or equitable, or several or undivided; and</text>
      </level>
      <level label="ii">
        <text>all persons who were not parties to the action and had a claim to the property that was not recorded at the time that the action was commenced.</text>
      </level>
    </level>
  </level>
  <level label="s">
    <text>A homeowner or any interested party in a homeowner’s dwelling may not:</text>
    <level label="1">
      <text>raise as a defense to a foreclosure action under this section that the Department failed to make sufficient efforts to assist the homeowner under § 14–888(a) and (b) of this subtitle or subsection (c) of this section; or</text>
    </level>
    <level label="2">
      <text>take any legal action against the Department on the basis that the Department failed to make sufficient efforts to assist the homeowner under § 14–888(a) and (b) of this subtitle or subsection (c) of this section.</text>
    </level>
  </level>
  <level label="t">
    <text>The Department is not liable for any environmental or other violation related to the dwelling of a homeowner enrolled or formerly enrolled in the Program unless the Department purchases the dwelling under subsection (n)(3) of this section.</text>
  </level>
</section>
