Maryland Code, REAL PROPERTY 8-118.1
Terms Used In Maryland Code, REAL PROPERTY 8-118.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The order shall require the amount determined by the court to be paid within 5 days of the date of the order.
(b) The District Court shall order that the amount determined by the court be paid:
(1) Into the registry of an escrow account of the clerk of the circuit court; or
(2) To the plaintiff if both the defendant and the plaintiff agree or at the discretion of the District Court.
(c) (1) If the person or entity fails to pay under the terms of the order, the circuit court, on motion of the person or entity claiming possession and certification of the clerk or the plaintiff, if the payment is made to the plaintiff, of the status of the account, shall conduct a hearing within 30 days.
(2) The District Court’s escrow order and the clerk’s certification are presumed to be valid.
(3) The person or entity in possession may dispute the validity or terms of the District Court’s escrow order or raise any other defense to the person’s alleged noncompliance with the order.
(d) (1) If the circuit court determines that the failure to pay is without legal justification, the court may treat the person or entity in possession’s demand for jury trial as waived, and can immediately conduct a nonjury trial or set the matter for a future nonjury trial on the merits of the claim of the person or entity claiming possession.
(2) If the circuit court, on motion, determines that either party is entitled to possession as a matter of law, the court shall enter a judgment in favor of that party for possession of the property and for any other appropriate relief.
(e) (1) Upon final disposition of the action, the circuit court shall order distribution of the escrow account in accordance with the judgment.
(2) If no judgment is entered, the circuit court shall order distribution to the party entitled to the escrow account after hearing.