(a) Scope. This Rule applies to an action filed in a circuit court or in the United States District Court for the District of Maryland that affects title to or a leasehold interest in real property located in this State.

(b) Creation--Constructive Notice. In an action to which the doctrine of lis pendens applies, the filing in the land records of a county in which real property that is the subject of the action is located of either (1) a certified copy of the complaint giving rise to the lis pendens or (2) a Notice of Lis Pendens, substantially in the form approved by the State Court Administrator and posted on the Judiciary website, is constructive notice of the pending action as to the subject real property located in that county.

Committee Note: The amendments to Rule 12-102 (b) adopted by the Court of Appeals by Rules Order dated 02/09/2022, effective 04/01/2022, changed the procedure for providing notice of a lis pendens by requiring that either a notice substantially in the form approved by the State Court Administrator or a certified copy of the complaint giving rise to the lis pendens be recorded in the land records of each county in which the affected real property is located. Prior to these amendments, notice of a lis pendens was effected either by the filing of the complaint in the county in which the affected real property was located, or, if the property was located in another county, by filing a certified copy of the complaint or a notice with the clerk in that county. Since the amendments are prospective, practitioners and title searchers should continue to review filings of a complaint for notice of lis pendens as to actions filed before 04/01/2022 using the procedure that was followed before 04/01/2022.

(d) Duty of Plaintiff to File Notice of Termination of Lis Pendens. Upon termination of a lis pendens pursuant to section (c) of this Rule, the plaintiff shall record a notice of termination of lis pendens in the land records of each county in which the lis pendens was recorded pursuant to section (b) of this Rule. The notice shall be substantially in the form approved by the State Court Administrator and posted on the Judiciary website.

(e) Failure to File Termination Notice. Within 10 days after termination of the lis pendens, if the plaintiff fails to comply with section (d) of this Rule, the court with jurisdiction over the action, on motion of any person in interest and upon such notice as the court deems appropriate in the circumstances, may authorize any interested person to file the notice of termination. In the order, the court shall direct the plaintiff to pay the costs and expenses incurred by the person obtaining the order, including reasonable attorney's fees, unless the court finds that the plaintiff had a good reason justifying the failure to comply.

Source: This Rule is derived in part from former Rules BD1, BD2, and BD3 and is in part new.