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Statutes Text

Article - Tax - Property




§14–843.

    (a)    (1)    Except as provided in subsection (b) of this section, on redemption, the plaintiff or the holder of a certificate of sale may be reimbursed for expenses incurred in any action or in preparation for any action to foreclose the right of redemption as provided in this section.

        (2)    The plaintiff or holder of a certificate of sale is not entitled to be reimbursed for any other expenses or attorney’s fees that are not included in this section.

        (3)    (i)    The collector shall make at least one attempt by phone and e–mail to contact a holder of a certificate of sale after the collector is informed that the plaintiff or the holder of the certificate of sale has failed to respond to a request for the amount of expenses included in the redemption amount authorized under this section that is made by the:

                1.    owner of the property;

                2.    current mortgagee of the property, assignee of a mortgagee of record, or servicer of the current mortgage; or

                3.    current holder of a beneficial interest in a deed of trust recorded against the property.

            (ii)    If the plaintiff or holder of the certificate of sale fails to respond within 5 business days after the collector’s attempts to make contact in accordance with subparagraph (i) of this paragraph, the collector may redeem the property without a satisfaction letter stating that the expenses of the plaintiff or the holder of a certificate of sale have been paid.

        (4)    (i)    Except as provided in subparagraph (ii) of this paragraph, if an action to foreclose the right of redemption has not been filed, and the property is redeemed more than 4 months after the date of the tax sale, the holder of a certificate of sale may be reimbursed for the following expenses actually incurred:

                1.    costs for recording the certificate of sale;

                2.    a title search fee, not to exceed $250;

                3.    the postage and certified mailing costs for the notices required under § 14–833(a–1) of this subtitle; and

                4.    reasonable attorney’s fees, not to exceed $500.

            (ii)    For owner–occupied residential property, if an action to foreclose the right of redemption has not been filed, and the property is redeemed more than 7 months after the date of the tax sale, the holder of a certificate of sale may be reimbursed for the following expenses actually incurred:

                1.    costs for recording the certificate of sale;

                2.    a title search fee, not to exceed $250;

                3.    the postage and certified mailing costs for the notices required under § 14–833(a–1) of this subtitle; and

                4.    reasonable attorney’s fees, not to exceed $500.

        (5)    If an action to foreclose the right of redemption has been filed, the plaintiff or holder of a certificate of sale may be reimbursed for:

            (i)    attorney’s fees in the amount of:

                1.    $1,300 if an affidavit of compliance has not been filed, which amount shall be deemed reasonable for both the preparation and filing of the action to foreclose the right of redemption; or

                2.    $1,500 if an affidavit of compliance has been filed, which amount shall be deemed reasonable for both the preparation and filing of the action to foreclose the right of redemption;

            (ii)    reasonable attorney’s fees, not to exceed $1,200, incurred by the plaintiff or holder of a certificate of sale for opening an estate for purposes of service of process and notice on a defendant’s estate;

            (iii)    in exceptional circumstances, other reasonable attorney’s fees incurred and specifically requested by the plaintiff or holder of a certificate of sale and approved by the court, on a case by case basis; and

            (iv)    if the plaintiff or holder of a certificate of sale provides a signed affidavit attesting to the fact that the expenses were actually incurred, the following expenses actually incurred by the plaintiff or holder of a certificate of sale:

                1.    filing fee charged by the circuit court for the county in which the property is located;

                2.    service of process fee, including fees incurred attempting to serve process;

                3.    a title search fee, not to exceed $250;

                4.    if a second title search is conducted more than 6 months after the initial title search, a title search update fee, not to exceed $75;

                5.    publication fee charged by a newspaper of general circulation in the county in which the property is located;

                6.    posting fee;

                7.    postage and certified mail;

                8.    substantial repair order fee, not to exceed the fee charged by the government agency issuing the certificate of substantial repair;

                9.    expenses and costs incurred for opening an estate of a deceased defendant for purposes of service of process and notice, not to exceed $1,200; and

                10.    any court approved expense for stabilization or conversion of the property under § 14–830 of this subtitle or in accordance with an action taken against the property by the county in which the property is located in accordance with the applicable building, fire, health, or safety codes.

        (6)    In addition to the expenses and attorney’s fees under paragraph (4) or (5) of this subsection, the plaintiff or holder of a certificate of sale may be reimbursed for:

            (i)    taxes paid at the tax sale, together with redemption interest, arising after the date of sale to the date of redemption;

            (ii)    the high bid premium paid at the tax sale, if applicable; and

            (iii)    in Baltimore City only, taxes, interest, and penalties paid in accordance with subsection (c) of this section and interest at the rate of redemption provided in § 14–820 of this subtitle from the date of payment to the date of redemption.

    (b)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph and paragraph (2) of this subsection, in Allegany County, Anne Arundel County, Baltimore City, Baltimore County, Calvert County, Caroline County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick County, Garrett County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, Queen Anne’s County, St. Mary’s County, Somerset County, Washington County, Wicomico County, and Worcester County, the plaintiff or holder of a certificate of sale may not be reimbursed for expenses incurred within 4 months after the date of sale.

            (ii)    For owner–occupied residential property, the plaintiff or holder of a certificate of sale may not be reimbursed for expenses incurred within 7 months after the date of sale.

        (2)    This subsection does not apply to property for which the holder:

            (i)    may file a complaint any time after 60 days from the date of sale, pursuant to § 14–833(e) of this subtitle; or

            (ii)    must file a complaint within 3 months from the date of sale, pursuant to § 14–833(c)(2) of this subtitle.

    (c)    In Baltimore City, on or after October 1 of each year, the plaintiff or holder of a certificate of sale may pay taxes, interest, and penalties that become due after the date of the sale on the property described in the tax sale certificate and that have not been paid by the owner of the property.

    (d)    The Mayor and City Council of Baltimore City may establish, by law, a process by which an owner of owner–occupied residential property sold at tax sale in accordance with this subtitle may redeem the property through an installment payment plan.



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