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<section article="gtp" article_name="Tax - Property" number="2-112" future_version_removed="true" title_number="2" title_name="State Department of Assessments and Taxation" subtitle_number="1" subtitle_name="Administration and Operations">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Homeowner” has the meaning stated in § 9–105 of this article.</text>
    </level>
    <level label="3">
      <text>“Tax” has the meaning stated in § 14–801 of this article.</text>
    </level>
  </level>
  <level label="b">
    <text>There is a State Tax Sale Ombudsman in the Department.</text>
  </level>
  <level label="c">
    <text>The Ombudsman:</text>
    <level label="1">
      <text>shall be appointed by the Director;</text>
    </level>
    <level label="2">
      <text>shall be in the management service of the State Personnel Management System; and</text>
    </level>
    <level label="3">
      <text>may be removed from office only after a hearing before the Department and a finding of incompetency or other good cause.</text>
    </level>
  </level>
  <level label="d">
    <text>The Ombudsman shall:</text>
    <level label="1">
      <text>assist homeowners to understand the process for collection of delinquent taxes;</text>
    </level>
    <level label="2">
      <text>actively assist homeowners to apply for tax credits, discount programs, and other public benefits that may assist the homeowners to pay delinquent taxes and improve their financial situation;</text>
    </level>
    <level label="3">
      <text>refer homeowners to legal services, housing counseling, and other social services that may assist homeowners to pay delinquent taxes and improve their financial situation;</text>
    </level>
    <level label="4">
      <text>maintain a website that functions as a clearinghouse for information concerning:</text>
      <level label="i">
        <text>the process for collection of delinquent taxes; and</text>
      </level>
      <level label="ii">
        <text>services and programs that are available to assist homeowners to pay delinquent taxes and improve their financial situation;</text>
      </level>
    </level>
    <level label="5">
      <text>maintain a toll–free telephone number that a homeowner may call to obtain individualized personal assistance with delinquent taxes; and</text>
    </level>
    <level label="6">
      <text>develop a process to allow a homeowner to designate a family member or another representative of the homeowner to communicate and work with the Ombudsman on the homeowner’s behalf.</text>
    </level>
  </level>
  <level label="e">
    <text>A county may, by law, establish a County Tax Sale Ombudsman to fulfill all the responsibilities of the State Tax Sale Ombudsman under subsection (d) of this section with respect to homeowners within the county.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>The Ombudsman shall contract with a vendor to operate an installment payment program for the payment of taxes in which any homeowner may enroll.</text>
    </level>
    <level label="2">
      <text>The installment payment program shall allow a homeowner to:</text>
      <level label="i">
        <text>make advance payments of taxes;</text>
      </level>
      <level label="ii">
        <text>make payments of taxes currently due; or</text>
      </level>
      <level label="iii">
        <text>make payments of taxes in arrears.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>A homeowner whose dwelling is subject to a deed of trust, a mortgage, or any other encumbrance that includes the escrowing of tax payments may not enroll in the installment payment program for the advance payment of taxes.</text>
      </level>
      <level label="ii">
        <text>An advance payment of taxes is calculated by applying the current property tax rate to the assessment of the homeowner’s property for the prior year.</text>
      </level>
      <level label="iii">
        <text>If the advance payment is different than the taxes due as finally determined, the vendor shall:</text>
        <level label="1">
          <text>bill the homeowner for the unpaid balance; or</text>
        </level>
        <level label="2">
          <text>refund any excess tax paid.</text>
        </level>
      </level>
      <level label="iv">
        <text>The failure by a homeowner to make an advance payment under the installment payment program may not be considered to be a failure to pay the property tax when due except as provided under Title 10, Subtitle 1 of this article.</text>
      </level>
    </level>
    <level label="4">
      <text>The Ombudsman shall notify the collector to whom the taxes are owed when a homeowner enters into an installment payment plan under this subsection.</text>
    </level>
    <level label="5">
      <text>If a homeowner is in compliance with the terms of an installment payment plan, the collector may not take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that are included in the installment payment plan.</text>
    </level>
    <level label="6">
      <text>A homeowner is not in compliance with the terms of an installment payment plan if the homeowner fails to make a payment for a period of 90 days after the date the payment is due, or a longer period determined by the Ombudsman.</text>
    </level>
    <level label="7">
      <text>If a homeowner is not in compliance with the terms of an installment payment plan:</text>
      <level label="i">
        <text>the Ombudsman:</text>
        <level label="1">
          <text>may terminate the installment payment plan; and</text>
        </level>
        <level label="2">
          <text>shall notify the collector to whom the taxes are owed; and</text>
        </level>
      </level>
      <level label="ii">
        <text>the collector may take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that were included in the installment payment plan.</text>
      </level>
    </level>
    <level label="8">
      <text>The cost of the contract with the vendor to operate the installment payment program shall be paid entirely by reasonable fees imposed on homeowners enrolled in the program.</text>
    </level>
  </level>
</section>
