Section 13-534 – Proceeds From Sale
(a) Any part of the proceeds from a sale of property that has been seized under this subtitle 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 13-535 – Duties of Lienholder on Redemption of Property
(a) If the interest of the owner in property that has been seized under this subtitle 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 subtitle has been repossessed or otherwise lawfully taken by the lienholder, […]
Section 13-536 – Rights of Lienholders
This subtitle does not prohibit a lienholder from exercising rights under applicable law, including the right to sell property that has been seized under this subtitle, if a default occurs in the obligation giving rise to the lien.
Section 13-525 – Presumption That Property Subject to Forfeiture
(a) (1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that: (i) the person was convicted of violating § 3–1102 or § […]
Section 13-526 – Forfeiture of Other Property for Act or Omission of Owner or Return of Property
(a) The court may order the forfeiture of other property of the owner up to the value of any property seized under this subtitle, with the exception of real property, if as a result of an act or omission of the owner the property to be forfeited: (1) cannot be located after the exercise of due diligence; […]
Section 13-527 – Powers of Court
In a proceeding under this subtitle, a court: (1) may grant requests for mitigation or remission of forfeiture or take other action that protects the rights of innocent persons, is consistent with this subtitle, and is in the interest of justice; (2) may resolve claims arising under this subtitle; and (3) may take appropriate measures to safeguard and […]
Section 13-528 – 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 § 13–529 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 13-529 – Rights of Governing Body Where Property Seized
If property is forfeited under this subtitle, the governing body where the property was seized may: (1) keep the property for official use; (2) require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or (3) sell the property if: (i) the law does not require the property to be destroyed; and […]
Section 13-530 – Proceeds From Sale or Retention of Property
(a) The proceeds from a sale or the retention of property declared to be forfeited and any interest accrued shall be applied, first, to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of seizing and maintaining custody of the property and advertising. (b) Any balance remaining after the distribution required under […]
Section 13-531 – Sale for Cash; Transfer of Title
A sale of property ordered under this subtitle shall be made for cash and gives the purchaser clear and absolute title.