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PARRIS N. GLENDENING, Governor
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Ch. 408
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14-844.
(e) [(1)3 In Baltimore City[, in the event that the person liable for taxes prior
to the tax sale has been personally served with process,] where [vacant and]
abandoned property has been sold for a sum less than the amount due under § 14-817
of this subtitle, IN A FORECLOSURE PROCEEDING BROUGHT BY THE MAYOR AND CITY
COUNCIL, the final order shall include a judgment in favor of the city and against the
person liable for taxes prior to the sale, in the amount of the unpaid taxes, interest,
penalties, and expenses otherwise due in a tax sale.
[(2) A judgment pursuant to this subsection may not be executed against
the primary personal residence of the judgment debtor. This paragraph does not limit
or restrict any other right or remedy available to the City for the collection or
enforcement of taxes or other amounts due from the debtor.]
14-845.
(a) A court in the State may not reopen a judgment rendered in a tax sale
foreclosure proceeding except on the ground of lack of jurisdiction or fraud in the
conduct of the proceedings to foreclose; however, no reopening of any judgment on the
ground of constructive fraud in the conduct of the proceedings to foreclose shall be
entertained by any court unless an application to reopen a judgment rendered is filed
within 1 year from the date of the judgment.
(b) If the judgment of the court foreclosing all rights of redemption is set aside,
the amount required to redeem is the amount required by this subtitle, and in
addition, the reasonable value, at the date the judgment is set aside, of all
improvements made on the property AND ALL COSTS INCURRED WITH RESPECT TO
DEVELOPMENT OF THE PROPERTY by the purchaser and the purchaser's successors
in interest.
(C) (1) IN BALTIMORE CITY, WITH RESPECT TO ABANDONED PROPERTY, A
PETITIONER WHO FILES AN ACTION TO REOPEN A JUDGMENT OR TO RECOVER
DAMAGES ON THE GROUND OF CONSTRUCTIVE FRAUD OR INADEQUATE NOTICE
MUST FILE WITHIN 1 YEAR SHALL BE FILED WITHIN 3 YEARS FROM THE DATE OF
JUDGMENT AND MAY NOT RECOVER MORE THAN THE.
(2) DAMAGES IN AN ACTION UNDER PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT EXCEED THE FAIR MARKET VALUE OF THE PROPERTY AT THE
TIME OF SALE.
[(c)] (D) A court in the State may not reopen a judgment rendered in a
foreclosure proceeding instituted by the Mayor and City Council of Baltimore City
under former Article 81, §§ 117 through 121 of the Code unless an application to
reopen the judgment is filed on or before June 30, 1987. After June 30, 1987, any
judgment rendered under former Article 81, §§ 117 through 121 of the Code shall be
deemed conclusively to have been ratified by all persons who might otherwise have
grounds to object to the judgment.
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- 2239 -
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