Section 12-402 – Posthearing Orders
(a) After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released. (b) Subject to § 12-403(b) of this subtitle, if the court determines that the property should be forfeited, the court shall order that the property be forfeited to the appropriate governing body. […]
Section 12-403 – Disposition of Forfeited Property
(a) (1) Whenever property is forfeited under this title, the governing body where the property was seized may: (i) keep the property for official use; (ii) require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or (iii) sell the property if: 1. the law does not require the property to be destroyed; and […]
Section 12-404 – Terms of Sale of Forfeited Property
A sale of property ordered under this title shall be made for cash and gives the purchaser clear and absolute title.
Section 12-405 – Appropriation of Percentage of Proceeds for Drug Treatment and Education Programs
Notwithstanding any other provision of law, the Governor shall include in the annual budget bill an appropriation equal to 100% of the proceeds deposited in the General Fund of the State under this subtitle to the Maryland Department of Health for the purpose of funding drug treatment and education programs.
Section 12-501 – Lienholder Sale of Seized Property
(a) Before exercising the right to sell property that has been seized under this title, a lienholder shall give to the forfeiting authority: (1) written notice of the intention to sell; (2) copies of documents giving rise to the lien; (3) an affidavit under oath by the lienholder: (i) stating that the underlying obligation is in default; and (ii) stating the […]
Section 12-502 – Governing Law
(a) Except as provided in subsection (b) of this section, the law governing the sale of collateral securing an obligation in default governs a lienholder’s repossession and sale of property that has been seized under this title. (b) A lienholder may not be required to take possession of the property before the sale of the property.
Section 12-503 – Proceeds of Sale
(a) Any part of the proceeds from a sale of property that has been seized under this title that would be paid to an owner of the property under the applicable law relating to distribution of proceeds: (1) shall be paid to the seizing authority; and (2) shall be property subject to forfeiture. (b) If an order of forfeiture […]
Section 12-504 – Redemption of Interest or Repossession of Property
(a) If the interest of the owner in property that has been seized under this title is redeemed, the lienholder shall mail a notice of the redemption to the forfeiting authority within 10 days after the redemption. (b) (1) If property that has been seized under this title has been repossessed or otherwise lawfully taken by the lienholder, […]
Section 12-505 – Effect of Title
This title does not prohibit a lienholder from exercising rights under applicable law, including the right to sell property that has been seized under this title, if a default occurs in the obligation giving rise to the lien.
Section 12-602 – Reporting Expenditure of Forfeited Funds
(a) On an annual basis, each seizing authority in consultation with the corresponding forfeiting authority shall report how any funds appropriated to the authority as a result of forfeiture were spent in the preceding fiscal year and the following information about each individual seizure and forfeiture completed by the agency under this title: (1) the date that […]