§ 8.1-3. HCD may initiate action; Applicable properties.

(a) In general.

In accordance with this subtitle, the Department, on behalf of the Mayor and City Council, may file an action in the Circuit Court for Baltimore City for the in rem foreclosure of real property.

(b) Applicable properties.

Except as provided in subsection (c) of this section, in order to be subject to an action for foreclosure under this subtitle:

(1) the real property must be:

(i) a vacant lot; or

(ii) an improved property cited as vacant and unsafe or unfit for habitation or other authorized use on a housing or building violation notice, provided that:

(A) the time for appeal of the violation notice has expired without an appeal having been filed; or

(B) an administrative review of a filed appeal has been decided in favor of the Building Official, as defined in the City Building, Fire, and Related Codes Article;

(2) the real property must be at least 6 months in arrears on taxes and liens; and

(3) the total amount of liens for unpaid taxes on the property must exceed the lesser of the total value of the property as last determined by :

(i) the Maryland Department of Assessments and Taxation; or

(ii) an appraisal report prepared not more than 6 months before the filing of a complaint under this section by a real estate appraiser who is licensed under Title 16 of the State Business Occupations and Professions Article.

(1) In general.

The Department may not file an action for foreclosure against a property under this subtitle if the property is subject to an active lien certificate held by a third party.

(2) Exception.

Provided that the property otherwise meets the requirements set forth in subsection (b) of this section, the Department may file an action for foreclosure against real property under this subtitle if:

(i) the real property is subject to an active tax certificate held by the Mayor and City Council; and

(ii) the Mayor and City Council has not previously filed an action to foreclose the right of redemption.