46 U.S.C. § 31326 — Court sales to enforce preferred mortgage liens and maritime liens and priority of claims
submitted 38 years ago by Pub. L. 100-710 to r/title-46-SHIPPING · 188 words · no verdicts yet
A court-ordered vessel sale ends claims against the vessel and transfers them to the sale proceeds. Preferred mortgage and maritime-lien priority is specified.
(a) When a district court sells a vessel* in an in-rem action enforcing a preferred mortgage or maritime lien, every claim existing on the sale date ends, including a possessory common-law lien affected under section 31325(e)(2), and the vessel is sold free of those claims. (b) Each ended claim attaches to the sale proceeds in the same amount and priority, except: (1) a preferred mortgage, including one on a foreign vessel* guaranteed under chapter 537, has priority over all claims except court-approved expenses and fees, court-imposed costs, and preferred maritime liens; and (2) for a foreign vessel whose mortgage is not so guaranteed, the preferred mortgage is below a maritime lien for necessaries supplied in the United States.
When a vessel* is sold by order of a district court in a civil action in rem brought to enforce a preferred mortgage lien or a maritime lien, any claim in the vessel existing on the date of sale is terminated, including a possessory common law lien of which a person is deprived under section 31325(e)(2) of this title, and the vessel is sold free of all those claims.
Each of the claims terminated under subsection (a) of this section attaches, in the same amount and in accordance with their priorities to the proceeds of the sale, except that—
the preferred mortgage lien, including a preferred mortgage lien on a foreign vessel* whose mortgage has been guaranteed under chapter 537 of this title, has priority over all claims against the vessel (except for expenses and fees allowed by the court, costs imposed by the court, and preferred maritime liens); and
for a foreign vessel whose mortgage has not been guaranteed under chapter 537 of this title, the preferred mortgage lien is subordinate to a maritime lien for necessaries provided in the United States.
Source credit: (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4746; Pub. L. 103–160, div. A, title XIII, § 1360, Nov. 30, 1993, 107 Stat. 1816; Pub. L. 109–304, § 15(31), Oct. 6, 2006, 120 Stat. 1704.)
- 1988Enacted · Pub. L. 100-710 · 102 Stat. 4746
- 1993Amended · Pub. L. 103-160 · 107 Stat. 1816
- 2006Amended · Pub. L. 109-304 · 120 Stat. 1704
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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