46 U.S.C. § 31323 — Disclosing and incurring obligations before executing preferred mortgages
submitted 38 years ago by Pub. L. 100-710 to r/title-46-SHIPPING · 145 words · no verdicts yet
This law protects a mortgage lender when someone mortgages a vessel. Before signing, the vessel owner must tell the lender about any debts already owed on the vessel. After signing, the owner cannot add most new vessel debts without the lender's OK.
On request of the mortgagee and before executing a preferred mortgage, the mortgagor shall disclose in writing to the mortgagee the existence of any obligation known to the mortgagor on the vessel* to be mortgaged.
After executing a preferred mortgage and before the mortgagee has had a reasonable time to file the mortgage, the mortgagor may not incur, without the consent of the mortgagee, any contractual obligation establishing a lien on the vessel except a lien for—
wages of a stevedore when employed directly by a person listed in section 31341 of this title;
wages for the crew of the vessel;
general average; or
salvage, including contract salvage.
On conviction of a mortgagor under section 31330(a)(1)(A) or (B) of this title for violating this section, the mortgage indebtedness, at the option of the mortgagee, is payable immediately.
Source credit: (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4744.)
- 1988Enacted · Pub. L. 100-710 · 102 Stat. 4744
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-710 on 1988-11-23.
all 0 arguments · sorted by: best
no arguments yet — make the first case