Md. Code Ann., Crim. Proc. § 13-528
Determination by court
Effective Oct 1, 2019Added by Acts 2013, c. 636, § 1, eff. Oct. 1, 2013. Amended by Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019.State of Maryland
- (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.
(c)
- (1) If the court determines that the forfeited property is subject to a valid lien created without actual knowledge of the lienholder that the property was being or was to be used in violation of § 3-1102 or § 3-1103 of the Criminal Law Article, the court shall order that the property be released within 5 days to the first priority lienholder.
- (2) The lienholder shall sell the property in a commercially reasonable manner.
(3) The proceeds of the sale shall be applied as follows:
- (i) to the court costs of the forfeiture proceeding;
- (ii) to the balance due the lienholder, including all reasonable costs incident to the sale;
- (iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure or maintenance of custody; and
- (iv) to the General Fund of the State or of the political subdivision that seized the property.
Added by Acts 2013, c. 636, § 1, eff. Oct. 1, 2013. Amended by Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019.