§ 13-406. Forfeiture proceedings involving real property
West's Annotated Code of MarylandCriminal ProcedureEffective: April 3, 2008
Effective: April 3, 2008
MD Code, Criminal Procedure, § 13-406
§ 13-406. Forfeiture proceedings involving 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.
(b) Forfeiture proceedings for real property may be brought in the jurisdiction where:
(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.
(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.
(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:
(f) Real property used as the principal family residence may not be forfeited under subsection (e) of this section unless:
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 legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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