§ 2-112

§2–112. IN EFFECT

(a) (1) In this section the following words have the meanings indicated.

(2) “Homeowner” has the meaning stated in § 9–105 of this article.

(3) “Tax” has the meaning stated in § 14–801 of this article.

(b) There is a State Tax Sale Ombudsman in the Department.

(c) The Ombudsman:

(1) shall be appointed by the Director;

(2) shall be in the management service of the State Personnel Management System; and

(3) may be removed from office only after a hearing before the Department and a finding of incompetency or other good cause.

(d) The Ombudsman shall:

(1) assist homeowners to understand the process for collection of delinquent taxes;

(2) actively assist homeowners to apply for tax credits, discount programs, and other public benefits that may assist the homeowners to pay delinquent taxes and improve their financial situation;

(3) refer homeowners to legal services, housing counseling, and other social services that may assist homeowners to pay delinquent taxes and improve their financial situation;

(4) maintain a website that functions as a clearinghouse for information concerning:

(i) the process for collection of delinquent taxes; and

(ii) services and programs that are available to assist homeowners to pay delinquent taxes and improve their financial situation; and

(5) maintain a toll–free telephone number that a homeowner may call to obtain individualized personal assistance with delinquent taxes.

(e) A county may, by law, establish a County Tax Sale Ombudsman to fulfill all the responsibilities of the State Tax Sale Ombudsman under subsection (d) of this section with respect to homeowners within the county.

(f) (1) The Ombudsman shall contract with a vendor to operate an installment payment program for the payment of taxes in which any homeowner may enroll.

(2) The installment payment program shall allow a homeowner to:

(i) make advance payments of taxes;

(ii) make payments of taxes currently due; or

(iii) make payments of taxes in arrears.

(3) (i) A homeowner whose dwelling is subject to a deed of trust, a mortgage, or any other encumbrance that includes the escrowing of tax payments may not enroll in the installment payment program for the advance payment of taxes.

(ii) An advance payment of taxes is calculated by applying the current property tax rate to the assessment of the homeowner’s property for the prior year.

(iii) If the advance payment is different than the taxes due as finally determined, the vendor shall:

1. bill the homeowner for the unpaid balance; or

2. refund any excess tax paid.

(iv) The failure by a homeowner to make an advance payment under the installment payment program may not be considered to be a failure to pay the property tax when due except as provided under Title 10, Subtitle 1 of this article.

(4) The Ombudsman shall notify the collector to whom the taxes are owed when a homeowner enters into an installment payment plan under this subsection.

(5) If a homeowner is in compliance with the terms of an installment payment plan, the collector may not take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that are included in the installment payment plan.

(6) A homeowner is not in compliance with the terms of an installment payment plan if the homeowner fails to make a payment for a period of 90 days after the date the payment is due, or a longer period determined by the Ombudsman.

(7) If a homeowner is not in compliance with the terms of an installment payment plan:

(i) the Ombudsman:

1. may terminate the installment payment plan; and

2. shall notify the collector to whom the taxes are owed; and

(ii) the collector may take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that were included in the installment payment plan.

(8) The cost of the contract with the vendor to operate the installment payment program shall be paid entirely by reasonable fees imposed on homeowners enrolled in the program.

§2–112. ** TAKES EFFECT MAY 1, 2027 PER CHAPTER 108 OF 2025 **

(a) (1) In this section the following words have the meanings indicated.

(2) “Homeowner” has the meaning stated in § 9–105 of this article.

(3) “Tax” has the meaning stated in § 14–801 of this article.

(b) There is a State Tax Sale Ombudsman in the Department.

(c) The Ombudsman:

(1) shall be appointed by the Director;

(2) shall be in the management service of the State Personnel Management System; and

(3) may be removed from office only after a hearing before the Department and a finding of incompetency or other good cause.

(d) The Ombudsman shall:

(1) assist homeowners to understand the process for collection of delinquent taxes;

(2) actively assist homeowners to apply for tax credits, discount programs, and other public benefits that may assist the homeowners to pay delinquent taxes and improve their financial situation;

(3) refer homeowners to legal services, housing counseling, and other social services that may assist homeowners to pay delinquent taxes and improve their financial situation;

(4) maintain a website that:

(i) functions as a clearinghouse for information concerning:

1. the process for collection of delinquent taxes; and

2. services and programs that are available to assist homeowners to pay delinquent taxes and improve their financial situation; and

(ii) includes:

1. the statement “If you would like to pay your property taxes in monthly installments, you may be eligible to enroll in an installment payment plan.”;

2. a complete description of the installment payment program under subsection (f) of this section; and

3. detailed instructions on how to enroll in the installment payment program under subsection (f) of this section; and

(5) maintain a toll–free telephone number that a homeowner may call to obtain individualized personal assistance with delinquent taxes.

(e) A county may, by law, establish a County Tax Sale Ombudsman to fulfill all the responsibilities of the State Tax Sale Ombudsman under subsection (d) of this section with respect to homeowners within the county.

(f) (1) The Ombudsman shall contract with a vendor to operate an installment payment program for the payment of taxes in which any homeowner may enroll.

(2) The installment payment program shall allow a homeowner to:

(i) make advance payments of taxes;

(ii) make payments of taxes currently due; or

(iii) make payments of taxes in arrears.

(3) (i) A homeowner whose dwelling is subject to a deed of trust, a mortgage, or any other encumbrance that includes the escrowing of tax payments may not enroll in the installment payment program for the advance payment of taxes.

(ii) An advance payment of taxes is calculated by applying the current property tax rate to the assessment of the homeowner’s property for the prior year.

(iii) If the advance payment is different than the taxes due as finally determined, the vendor shall:

1. bill the homeowner for the unpaid balance; or

2. refund any excess tax paid.

(iv) The failure by a homeowner to make an advance payment under the installment payment program may not be considered to be a failure to pay the property tax when due except as provided under Title 10, Subtitle 1 of this article.

(4) The Ombudsman shall notify the collector to whom the taxes are owed when a homeowner enters into an installment payment plan under this subsection.

(5) If a homeowner is in compliance with the terms of an installment payment plan, the collector may not take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that are included in the installment payment plan.

(6) A homeowner is not in compliance with the terms of an installment payment plan if the homeowner fails to make a payment for a period of 90 days after the date the payment is due, or a longer period determined by the Ombudsman.

(7) If a homeowner is not in compliance with the terms of an installment payment plan:

(i) the Ombudsman:

1. may terminate the installment payment plan; and

2. shall notify the collector to whom the taxes are owed; and

(ii) the collector may take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that were included in the installment payment plan.

(8) The cost of the contract with the vendor to operate the installment payment program shall be paid entirely by reasonable fees imposed on homeowners enrolled in the program.