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§ 13-403. Forfeiture of property upon violation of Mortgage Fraud law

West's Annotated Code of MarylandCriminal ProcedureEffective: April 3, 2008

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 13. Other Forfeitures (Refs & Annos)
Subtitle 4. Violations of the Maryland Mortgage Fraud Protection Act (Refs & Annos)
Effective: April 3, 2008
MD Code, Criminal Procedure, § 13-403
§ 13-403. Forfeiture of property upon violation of Mortgage Fraud law
Property owner knowledge of Mortgage Fraud law violations
(a) Property or an interest in property may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the Mortgage Fraud law was committed without the owner's actual knowledge.
Principal family residence with one owner convicted of Mortgage Fraud law violation
(b)(1) Except as provided in paragraph (2) of this subsection, property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the property was convicted of a violation of the Mortgage Fraud law.
(2) Without a conviction, a court may order a forfeiture of property used as the principal family residence if the owner of the family residence:
(i) fails to appear for a required court appearance; and
(ii) fails to surrender to the jurisdiction of the court within 180 days after the required court appearance.
Principal family residence with husband and wife owners convicted of Mortgage Fraud law violations
(c) Property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:
(1) the property was used in connection with:
(i) a violation of the Mortgage Fraud law; or
(ii) an attempt or conspiracy to violate the Mortgage Fraud law; and
(2) both the husband and wife are convicted of:
(i) a violation of the Mortgage Fraud law; or
(ii) an attempt or conspiracy to violate the Mortgage Fraud law.

Credits

Added by Acts 2008, c. 3, § 1, eff. April 3, 2008; Acts 2008, c. 4, § 1, eff. April 3, 2008.
MD Code, Criminal Procedure, § 13-403, MD CRIM PROC § 13-403
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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