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Sample Overdue Ground Rent Lien Warning Notice

Sample Overdue Ground Rent Lien Warning Notice

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Published by Vold
Sample overdue ground rent notice for Maryland ground rents. The applicable section of Maryland law that spells out the procedure for delivering a lien warning notice can be found on pages 4 to 5 of this document.

This document has not been reviewed by an attorney and is provided without warranty. It may be used freely with or without attribution to the author.
Sample overdue ground rent notice for Maryland ground rents. The applicable section of Maryland law that spells out the procedure for delivering a lien warning notice can be found on pages 4 to 5 of this document.

This document has not been reviewed by an attorney and is provided without warranty. It may be used freely with or without attribution to the author.

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Published by: Vold on Jun 18, 2011
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06/20/2011

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Page of 91
NOTICE OF INTENTION TO CREATE A LIEN FOR NONPAYMENTOF GROUND RENT
Attention: <name of homeowner>
Sent by Certified Mail, Return Receipt Requested, <date>.This is a notice of intention to create a lien for nonpayment of ground rent on your propertylocated at
<address>, <city>, Maryland.
Unless the past due ground rent is paid or a complaint is filed under subsection (f) of the
Maryland Real Property Code,
§
8-402.3, Lien for nonpayment of ground rent 
within 45days after this notice is served, a lien will be imposed on your property located at<property address>, <city>, Maryland.The party seeking to create this lien is:<name of ground rent owner><address of ground rent owner><city, state, zip of ground rent owner>The current ground lease deed is recorded in the Land Records of <county name or Baltimore City>, Book <xxxx>, Page <xxx>, recorded on or about <date>.The annual payment on the ground lease ("ground rent") is <$annual amount of groundrent>, payable in half-yearly installments on <month and day> and <month and day> .The amount of ground rent due as of <date> is <$amount due>.You have the right to object to the establishment of a lien by filing a complaint in thecircuit court and you have the right to a hearing.To file a complaint and request a hearing, use the procedure in
Maryland Real PropertyCode,
§
8-402.3, Lien for nonpayment of ground rent,
which is attached to this notice.
You may avoid establishment of the lien by making immediate payment of $< > tothe ground lease holder.
 
Page of 92
Maryland Real Property Code
§ 8-402.3. Lien for nonpayment of ground rent.
 (a)
 Definitions.-
(1) In this section the following words have the meanings indicated.(2) "Ground lease" means a residential lease or sublease for a term of years renewableforever subject to the payment of a periodic ground rent.(3) (i) "Ground lease holder" means the holder of the reversionary interest under aground lease.(ii) "Ground lease holder" includes an agent of the ground lease holder.(4) "Ground rent" means a rent issuing out of, or collectible in connection with, thereversionary interest under a ground lease.(5) "Leasehold interest" means the tenancy in real property created under a groundlease.(6) "Leasehold tenant" means the holder of the leasehold interest under a ground lease.(7) "Property" means property subject to a ground lease against which a lien is intendedto be imposed under this section.
 
Page of 93(b)
 Applicability.-
(1) This section applies to residential property that is or was used, intended to be used, or authorized to be used for four or fewer dwelling units.(2) This section does not apply to property:(i) Leased for business, commercial, manufacturing, mercantile, or industrial purposes,or any other purpose that is not primarily residential;(ii) Improved or to be improved by any apartment, condominium, cooperative, or other  building for multifamily use of greater than four dwelling units; or (iii) Leased for dwellings or mobile homes that are erected or placed in a mobile homedevelopment or mobile home park.(c)
 Remedies.-
(1) Notwithstanding any provision of a ground lease giving the ground lease holder theright to reenter, the establishment of a lien under this section is the remedy for nonpayment of a ground rent.(2) This section does not affect the right of a ground lease holder to bring a civil actionagainst the leasehold tenant seeking a money judgment for the amount of the past dueground rent.(d)
When lien may be obtained.-
Subject to§§ 8-111 and 8-111.1 of thistitle, if aground rent is unpaid 6 months after its due date, the ground lease holder may obtain alien under this section in the amount of the ground rent due.

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