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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
Currentness
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 April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document