(a) Property or an interest in property may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the Mortgage Fraud law was committed without the owner’s actual knowledge.
(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.
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