3450

LAWS OF MARYLAND

Ch. 736

(D)  IF A COMPLAINT IS FILED, THE PARTY SEEKING TO ESTABLISH
THE LIEN HAS THE BURDEN OF PROOF.

(E)  THE CLERK OF THE CIRCUIT COURT SHALL DOCKET THE
PROCEEDINGS UNDER THIS SECTION, AND ALL PROCESS SHALL ISSUE OUT
OF AND ALL PLEADINGS SHALL BE FILED IN A SINGLE ACTION.

(F)  BEFORE ANY HEARING HELD UNDER SUBSECTION (C) OF THIS
SECTION, THE PARTY SEEKING TO ESTABLISH A LIEN MAY SUPPLEMENT, BY
MEANS OF AN AFFIDAVIT, ANY INFORMATION CONTAINED IN THE NOTICE
GIVEN UNDER SUBSECTION (A) OF THIS SECTION.

(G) (1) IF A COMPLAINT IS FILED UNDER SUBSECTION (C) OF
THIS SECTION, THE COURT SHALL REVIEW ANY PLEADINGS FILED,
INCLUDING ANY SUPPLEMENTARY AFFIDAVIT FILED UNDER SUBSECTION (F)
OF THIS SECTION, AND SHALL CONDUCT A HEARING IF REQUESTED UNDER
SUBSECTION (C)(3) OF THIS SECTION.

(2)  IF THE COURT DETERMINES THAT PROBABLE CAUSE
EXISTS TO ESTABLISH A LIEN, IT SHALL ORDER THE LIEN IMPOSED.

(3)  THE ORDER TO IMPOSE A LIEN SHALL STATE THAT THE
OWNER OF THE PROPERTY AGAINST WHICH THE LIEN IS IMPOSED MAY FILE
A BOND OF A SPECIFIED AMOUNT TO HAVE THE LIEN AGAINST THE
PROPERTY REMOVED.

(H) (1) IF THE COURT ORDERS A LIEN TO BE IMPOSED UNDER
SUBSECTION (G) OF THIS SECTION, OR IF THE OWNER OF THE PROPERTY
AGAINST WHICH A LIEN IS INTENDED TO BE IMPOSED FAILS TO FILE A
COMPLAINT UNDER SUBSECTION (C) OF THIS SECTION THE PARTY SEEKING
TO CREATE THE LIEN MAY FILE A STATEMENT OF LIEN AMONG THE LAND
RECORDS OF EACH COUNTY IN WHICH ANY PORTION OF THE PROPERTY IS
LOCATED WITHIN THE EARLIER OF:

(I)  THE EXPIRATION OF 30 DAYS OF THE COURT
ORDER; OR

(II)  120 DAYS AFTER NOTICE UNDER SUBSECTION (A)
OF THIS SECTION WAS MAILED TO A PARTY.

(2)  A LIEN IMPOSED UNDER THIS SUBTITLE HAS PRIORITY
FROM THE DATE THE STATEMENT OF LIEN IS FILED.

(3)  UNTIL AN ORDER IMPOSING A LIEN IS ENTERED BY THE
COURT, THE OWNER OF THE PROPERTY AGAINST WHICH THE LIEN IS
IMPOSED MAY HAVE THE LIEN REMOVED AT ANY TIME BY FILING WITH THE
CLERK OF THE CIRCUIT COURT A BOND IN THE AMOUNT SPECIFIED BY THE
COURT UNDER SUBSECTION (G)(3) OF THIS SECTION.

(I) (1) UNTIL AN ORDER IS ENTERED BY THE COURT EITHER
ESTABLISHING OR DENYING A LIEN, THE ACTION SHALL PROCEED TO TRIAL
ON ANY MATTER AT ISSUE.

(2) THE COURT MAY AWARD COSTS AND REASONABLE
ATTORNEY'S FEES TO ANY PARTY UNDER THIS SUBTITLE.