§ 13-407

Maryland § 13-407

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 13

Text

(a) Except as provided in this section, disposition of property after forfeiture under this subtitle shall be subject to §§ 12–401, 12–402, and 12–404 of this article.

(b) The court determination under § 12–402(c) of this article shall include that the property was being used or was to be used in violation of the Mortgage Fraud law rather than the Controlled Dangerous Substances law.

(c) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Identifiable losses” include:

1. expenses necessary to:

A. discover the extent of a violation of the Mortgage Fraud law;

B. repair damages resulting from a violation of the Mortgage Fraud law, including repairing credit ratings and correcting errors in consumer reports; and

C. prevent further damages resulting from a violation of the Mortgage Fraud law; and

2. lost wages resulting from time away from work in order to rectify any fraud caused by a violation of the Mortgage Fraud law.

(iii) “Victim” includes a business that loses any thing of value as a result of a violation of the Mortgage Fraud law.

(2) Disposition of forfeited property under this subtitle shall follow the procedures in this subsection.

(3) Whenever property is forfeited under this subtitle, the governing body where the property was seized shall sell the property at public auction.

(4) The proceeds of a sale under this subsection shall be distributed as follows:

(i) first, to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs;

(ii) second, for restitution as ordered by the court to victims to pay for identifiable losses resulting from the violation of the Mortgage Fraud law; and

(iii) finally, to the General Fund of the State.