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§ 14-204. Enforcement and foreclosure of liens

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2014

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 14. Miscellaneous Rules (Refs & Annos)
Subtitle 2. Maryland Contract Lien Act (Refs & Annos)
Effective: October 1, 2014
MD Code, Real Property, § 14-204
§ 14-204. Enforcement and foreclosure of liens
In general
(a) Except as provided in subsection (d) of this section, a lien may be enforced and foreclosed by the party who obtained the lien in the same manner, and subject to the same requirements, as the foreclosure of mortgages or deeds of trust on property in this State containing a power of sale or an assent to a decree.
Suits for deficiencies or monetary judgment for unpaid damages
(b) If the owner of property subject to a lien is personally liable for alleged damages, suit for any deficiency following foreclosure may be maintained in the same proceeding, and suit for a monetary judgment for unpaid damages may be maintained without waiving any lien securing the same.
Limitations
(c) Any action to foreclose a lien shall be brought within 12 years following recordation of the statement of lien.
Common ownership communities
(d)(1)(i) In this subsection the following words have the meanings indicated.
(ii) “Common ownership community” means:
1. A condominium as defined in § 11-101 of this article; or
2. A homeowners association as defined in § 11B-101 of this article.
(iii) “Governing body” means a person who has authority to enforce the declaration, articles of incorporation, bylaws, rules, or regulations of a common ownership community.
(2) Notwithstanding the declaration, articles of incorporation, bylaws, rules, or regulations of a common ownership community, a governing body may foreclose on a lien against a unit owner or lot owner only if the damages secured by the lien:
(i) Consist of:
1. Delinquent periodic assessments or special assessments and any interest; and
2. Reasonable costs and attorney's fees directly related to the filing of the lien that do not exceed the amount of the delinquent assessments, excluding any interest; and
(ii) Do not include fines imposed by the governing body or attorney's fees or costs related to recovering the fines.
(3) This subsection does not preclude a governing body from using any other means to enforce a lien against a unit owner or lot owner.

Credits

Added by Acts 1985, c. 736, § 1, eff. July 1, 1985. Amended by Acts 2008, c. 286, § 1, eff. Oct. 1, 2008; Acts 2013, c. 448, § 1, eff. Oct. 1, 2013; Acts 2013, c. 449, § 1, eff. Oct. 1, 2013; Acts 2014, c. 603, § 1, eff. Oct. 1, 2014.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2014 Legislation
Acts 2014, c. 603, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any lien for delinquent periodic assessments or special assessments that is filed by the governing body of a common ownership community against a unit owner or lot owner before the effective date of this Act.”
MD Code, Real Property, § 14-204, MD REAL PROP § 14-204
Current through legislation effective July 1, 2019, from the 2019 Regular Session of the General Assembly.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.