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§ 13-407. Disposition of property after forfeiture

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, § 13-407
§ 13-407. Disposition of property after forfeiture
In general
(a) Except as provided in this section, disposition of property after forfeiture under this subtitle shall be subject to §§ 12-401, 12-402, and 12-404 of this article.
Property used or was to be used in violation of Mortgage Fraud law
(b) The court determination under § 12-402(c) of this article shall include that the property was being used or was to be used in violation of the Mortgage Fraud law rather than the Controlled Dangerous Substances law.
Sale of property at public auction and distribution of proceeds of sale
(c)(1)(i) In this subsection the following words have the meanings indicated.
(ii) “Identifiable losses” include:
1. expenses necessary to:
A. discover the extent of a violation of the Mortgage Fraud law;
B. repair damages resulting from a violation of the Mortgage Fraud law, including repairing credit ratings and correcting errors in consumer reports; and
C. prevent further damages resulting from a violation of the Mortgage Fraud law; and
2. lost wages resulting from time away from work in order to rectify any fraud caused by a violation of the Mortgage Fraud law.
(iii) “Victim” includes a business that loses any thing of value as a result of a violation of the Mortgage Fraud law.
(2) Disposition of forfeited property under this subtitle shall follow the procedures in this subsection.
(3) Whenever property is forfeited under this subtitle, the governing body where the property was seized shall sell the property at public auction.
(4) The proceeds of a sale under this subsection shall be distributed as follows:
(i) first, to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs;
(ii) second, for restitution as ordered by the court to victims to pay for identifiable losses resulting from the violation of the Mortgage Fraud law; and
(iii) finally, to the General Fund of the State.

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, § 13-407, MD CRIM PROC § 13-407
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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