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§ 13-406. Forfeiture proceedings involving real property

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, § 13-406
§ 13-406. Forfeiture proceedings involving real property
Forfeiture of interest in real property
(a) Except as provided in subsections (e) and (f) of this section and § 12-403(c) of this article, an owner's interest in real property may be forfeited if the real property was used in connection with a violation of the Mortgage Fraud law.
Jurisdiction of forfeiture proceedings
(b) Forfeiture proceedings for real property may be brought in the jurisdiction where:
(1) the criminal charges are pending;
(2) the owner resides; or
(3) the real property is located.
Forfeiture proceedings brought in jurisdiction other than where property is located
(c)(1) If forfeiture proceedings for real property are brought in a jurisdiction other than where the real property is located, a notice of pending litigation shall be filed in the jurisdiction where the real property is located.
(2) A notice of pending litigation required under this subsection shall include at least:
(i) the name and address of the owner of the real property;
(ii) a description of the real property; and
(iii) a description of the reasons for the filing of the forfeiture proceedings and notice of pending litigation.
Stay of forfeiture proceedings pending appeal
(d) If an owner of real property used as the principal family residence is convicted under the Mortgage Fraud law and the owner files an appeal of the conviction, the court shall stay forfeiture proceedings under § 12-403(c) of this article or subsection (f) of this section against the real property during the pendency of the appeal.
Presumption that property or part of property is subject to forfeiture
(e)(1) Except as provided in subsection (f) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that:
(i) the person has violated the Mortgage Fraud law;
(ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and
(iii) there was no other likely source for the property.
(2) A claimant of the property has the burden of proof to rebut the presumption established under paragraph (1) of this subsection.
Real property used as principal family residence
(f) Real property used as the principal family residence may not be forfeited under subsection (e) of this section unless:
(1) an owner of the real property was convicted under subsection (e)(1) of this section; or
(2) the real property is covered by § 13-403(b)(2) of this subtitle.

Credits

Added by Acts 2008, c. 3, § 1, eff. April 3, 2008; Acts 2008, c. 4, § 1, eff. April 3, 2008. Amended by Acts 2008, c. 36, § 6, eff. April 8, 2008.
MD Code, Criminal Procedure, § 13-406, MD CRIM PROC § 13-406
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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