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46 U.S.C. § 31323Disclosing 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

in plain englishAI-generated · not legal advice

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.

(a) — If the lender, the mortgagee, asks, the vessel owner, the mortgagor, must, before signing a preferred mortgage, tell the lender in writing about any debt the owner already knows is owed on the vessel. (b) — After signing a preferred mortgage, and before the lender has had a fair chance to file it, the owner cannot take on any new debt that creates a lien on the vessel without the lender's consent — except debts for a stevedore's wages, when hired directly by certain people named in section 31341, wages for the vessel's crew, general average contributions, or salvage costs, including salvage under a contract. (c) — If the owner is convicted under section 31330(a)(1)(A) or (B) for breaking this section, the lender can choose to make the whole mortgage debt due immediately.
the actual law source: uscode.house.gov ↗public domain
(a)

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.

(b)

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—

(1)

wages of a stevedore when employed directly by a person listed in section 31341 of this title;

(2)

wages for the crew of the vessel;

(3)

general average; or

(4)

salvage, including contract salvage.

(c)

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.)

history & why it existsrecord from the source credit
  • 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.

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