Maryland Code, CRIMINAL PROCEDURE 13-403
Terms Used In Maryland Code, CRIMINAL PROCEDURE 13-403
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(b) (1) Except as provided in paragraph (2) of this subsection, property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the property was convicted of a violation of the Mortgage Fraud law.
(2) Without a conviction, a court may order a forfeiture of property used as the principal family residence if the owner of the family residence:
(i) fails to appear for a required court appearance; and
(ii) fails to surrender to the jurisdiction of the court within 180 days after the required court appearance.
(c) Property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:
(1) the property was used in connection with:
(i) a violation of the Mortgage Fraud law; or
(ii) an attempt or conspiracy to violate the Mortgage Fraud law; and
(2) both the husband and wife are convicted of:
(i) a violation of the Mortgage Fraud law; or
(ii) an attempt or conspiracy to violate the Mortgage Fraud law.