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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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REAL PROPERTY |
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TITLE 7. MORTGAGES, DEEDS OF TRUST, AND VENDOR'S LIENS |
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SUBTITLE 1. MORTGAGES AND DEEDS OF TRUST |
§ 7-105.11. Certificate of vacancy or certificate of property unfit for human habitation.
Latest version.
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(a) Definitions. --
(1) In this section the following words have the meanings indicated.
(2) "Certificate of property unfit for human habitation" means:
(i) In Baltimore City, a certificate of substantial repair; or
(ii) A certificate for residential property issued by a unit of a county or municipal corporation indicating that the county or municipal corporation has determined that the residential property is unfit for human habitation.
(3) "Certificate of vacancy" means a certificate for a residential property issued by a unit of a county or municipal corporation indicating that the residential property is vacant.
(b) Scope. -- This section applies only to a county or municipal corporation that issues a certificate of vacancy or a certificate of property unfit for human habitation.
(c) Request for certificate of vacancy or certificate of property unfit for human habitation. -- If a mortgage or deed of trust on residential property is in default, a person with a secured interest in the residential property may request that a county or municipal corporation issue a certificate of vacancy or a certificate of property unfit for human habitation.
(d) Issuance and scope of certificate; fee. --
(1) The county or municipal corporation shall issue to a secured party a certificate of vacancy for a residential property if the county or municipal corporation determines that the residential property is vacant.
(2) The county or municipal corporation shall issue to a secured party a certificate of property unfit for human habitation for a residential property if the county or municipal corporation determines in accordance with requirements of local, county, or State housing codes, that the residential property is unfit for human habitation.
(3) A certificate of vacancy or certificate of property unfit for human habitation issued under this subsection is valid for 60 days after the date the certificate is issued.
(4) A county or municipal corporation may charge a fee not exceeding $ 100 to a secured party to issue a certificate of vacancy or a certificate of property unfit for human habitation.
(e) Section 7-105.1 of this subtitle inapplicable to property with valid certificate. -- Except as provided in subsection (f) of this section, if a certificate of vacancy or certificate of property unfit for human habitation is valid at the time of filing an order to docket or complaint to foreclose, § 7-105.1 of this subtitle does not apply to an action to foreclose a mortgage or deed of trust on the property for which the certificate was issued.
(f) Challenge to certificate. --
(1) The record owner or occupant of a property may challenge the certificate of vacancy or certificate of property unfit for human habitation under this section by notifying the circuit court of the challenge.
(2) A secured party filing an order to docket or complaint to foreclose based on a certificate of vacancy or a certificate of property unfit for human habitation under this section shall serve the foreclosure documents in accordance with § 7-105.1(h)(1) of this subtitle along with a description of the procedure to challenge the certificate and the form to be used to make the challenge.
(3) If a challenge under paragraph (1) of this subsection is upheld, the secured party shall comply with the requirements of § 7-105.1 of this subtitle.
(g) Governmental entity may establish procedures for issuance of certificate. -- A county or municipal corporation may establish procedures governing the issuance of a certificate of vacancy or certificate of property unfit for human habitation under this section.