Section 15-209 - Rights of creditor whose claim has matured. - Maryland Statutes

§ 15-209. Rights of creditor whose claim has matured.
 

(a)  Setting aside conveyance; levy on or garnishment of property conveyed.- If a conveyance or obligation is fraudulent as to a creditor whose claim has matured, the creditor, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase or one who has derived title immediately or immediately from such a purchaser, may: 

(1) Have the conveyance set aside or obligation annulled to the extent necessary to satisfy the claim; or 

(2) Levy on or garnish the property conveyed as if the conveyance were not made. 

(b)  Prior judgment not required.- In an action to have a conveyance set aside or an obligation annulled, it is not necessary as a condition to the granting of relief that the creditor first obtain judgment on the claim. 

(c)  Retention of property as security.- A purchaser who without actual fraudulent intent has given less than a fair consideration for the conveyance or obligation may retain the property or obligation as security for repayment. 
 

[An. Code 1957, art. 39B, § 9; 1975, ch. 49, § 3; 1987, ch. 623.]