Except as provided in §§ 13–503 and 13–524 of this subtitle, an owner’s interest in real property may be forfeited if the owner of the real property is convicted of violating § 3–1102 or § 3–1103 of the Criminal Law Article or attempting or conspiring to violate § 3–1102 or § 3–1103 of the Criminal […]
(a) Forfeiture proceedings for real property may be brought in the jurisdiction where: (1) the criminal charges are pending; (2) the owner resides; or (3) the real property is located. (b) (1) If forfeiture proceedings for real property are brought in a jurisdiction other than where the real property is located, a notice of pending litigation shall be filed in the […]
If an owner of real property used as the principal family residence is convicted under § 3–1102 or § 3–1103 of the Criminal Law Article or is convicted of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article and the owner files an appeal of the conviction, the […]
(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 § […]
(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; […]
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 […]
(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. […]
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 […]
(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 […]
A sale of property ordered under this subtitle shall be made for cash and gives the purchaser clear and absolute title.
(a) Before exercising the right to sell property that has been seized under this subtitle, 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; and (3) an affidavit under oath by the lienholder: (i) stating that the underlying obligation is in default; and (ii) stating […]
(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 subtitle. (b) A lienholder may not be required to take possession of the property before the sale of the property.
(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 […]
(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, […]
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.
