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§ 7-105.13. Certificates of vacancy or unfitness for human habitation

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2019

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 7. Mortgages, Deeds of Trust, and Vendor's Liens (Refs & Annos)
Subtitle 1. Mortgages and Deeds of Trust (Refs & Annos)
Effective: October 1, 2019
MD Code, Real Property, § 7-105.13
Formerly cited as MD REAL PROP § 7-105.11
§ 7-105.13. Certificates of vacancy or unfitness for human habitation
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Certificate of property unfit for human habitation” means:
(i) In Baltimore City, a certificate of substantial repair; or
(ii) A certificate for residential property issued by a unit of a county or municipal corporation indicating that the county or municipal corporation has determined that the residential property is unfit for human habitation.
(3) “Certificate of vacancy” means a certificate for a residential property issued by a unit of a county or municipal corporation indicating that the residential property is vacant.
Application of section
(b) This section applies only to a county or municipal corporation that issues a certificate of vacancy or a certificate of property unfit for human habitation.
Request for certificates of vacancy or unfitness for human habitation
(c) If a mortgage or deed of trust on residential property is in default, a person with a secured interest in the residential property may request that a county or municipal corporation issue a certificate of vacancy or a certificate of property unfit for human habitation.
Determination of vacancy or unfitness for habitation
(d)(1) The county or municipal corporation shall issue to a secured party a certificate of vacancy for a residential property if the county or municipal corporation determines that the residential property is vacant.
(2) The county or municipal corporation shall issue to a secured party a certificate of property unfit for human habitation for a residential property if the county or municipal corporation determines in accordance with requirements of local, county, or State housing codes, that the residential property is unfit for human habitation.
(3) A certificate of vacancy or certificate of property unfit for human habitation issued under this subsection is valid for 60 days after the date the certificate is issued.
(4) A county or municipal corporation may charge a fee not exceeding $100 to a secured party to issue a certificate of vacancy or a certificate of property unfit for human habitation.
Certificates valid at time of filing order or complaint
(e) Except as provided in subsection (f) of this section, if a certificate of vacancy or certificate of property unfit for human habitation is valid at the time of filing an order to docket or complaint to foreclose, § 7-105.1 of this subtitle does not apply to an action to foreclose a mortgage or deed of trust on the property for which the certificate was issued.
Challenges to certificates by owners or occupants of property
(f)(1) The record owner or occupant of a property may challenge the certificate of vacancy or certificate of property unfit for human habitation under this section by notifying the circuit court of the challenge.
(2) A secured party filing an order to docket or complaint to foreclose based on a certificate of vacancy or a certificate of property unfit for human habitation under this section shall serve the foreclosure documents in accordance with § 7-105.1(h)(1) of this subtitle along with a description of the procedure to challenge the certificate and the form to be used to make the challenge.
(3) If a challenge under paragraph (1) of this subsection is upheld, the secured party shall comply with the requirements of § 7-105.1 of this subtitle.
Procedures governing certificates of vacancy or unfitness for human habitation
(g) A county or municipal corporation may establish procedures governing the issuance of a certificate of vacancy or certificate of property unfit for human habitation under this section.

Credits

Added as Real Property § 7-105.11 by Acts 2012, c. 156, § 1, eff. Oct. 1, 2012. Renumbered as Real Property § 7-105.13 by Acts 2019, c. 93, § 1, eff. Oct. 1, 2019.
MD Code, Real Property, § 7-105.13, MD REAL PROP § 7-105.13
Current through legislation effective through May 16, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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