§31343 — Title 46 Shipping | U.S. Code

Summary

Someone who claims a lien on a documented vessel may file a notice of that claim with the Secretary of the Coast Guard. The notice must say what kind of lien it is, when it started, how much is owed, the claimant’s name and address, and it must be signed and acknowledged. The claimant must also file a signed declaration saying the notice is true and that copies were sent to the vessel owner, to anyone else who has a recorded, unexpired claim on the vessel, and to any mortgagee of an undischarged mortgage filed under section 31321. If the claimant is a business, an authorized officer must sign the declaration. When the debt is fully paid, the claimant must give the Secretary an acknowledged certificate of discharge for recording. A federal admiralty court can decide that a vessel is not subject to a claimed lien or notice, and the Secretary will record any court order; the court may award costs and fees as allowed. If the vessel has a preferred mortgage under section 31322(d), recording and discharge follow the State law where the vessel is titled. A recorded notice expires 3 years after the lien date shown in the notice, and after the owner asks, the Secretary will note the expiration on the vessel’s abstract of title. Nothing here changes how maritime liens are created, enforced, or defended.

Title 46, §31343

Shipping — Source: USLM XML via OLRC

(a)Except as provided under subsection (d) of this section, a person claiming a lien on a vessel documented, or for which an application for documentation has been filed, under chapter 121 may record with the Secretary a notice of that person’s lien claim on the vessel. To be recordable, the notice must—

(1)state the nature of the lien;

(2)state the date the lien was established;

(3)state the amount of the lien;

(4)state the name and address of the person; and

(5)be signed and acknowledged.

(b)(1)The Secretary shall record a notice complying with subsection (a) of this section if, when the notice is presented to the Secretary for recording, the person having the claim files with the notice a declaration stating the following:

(A)The information in the notice is true and correct to the best of the knowledge, information, and belief of the individual who signed it.

(B)A copy of the notice, as presented for recordation, has been sent to each of the following:

(i)The owner of the vessel.

(ii)Each person that recorded under subsection (a) of this section an unexpired notice of a claim of an undischarged lien on the vessel.

(iii)The mortgagee of each mortgage filed or recorded under section 31321 of this title that is an undischarged mortgage on the vessel.

(2)A declaration under this subsection filed by a person that is not an individual must be signed by the president, member, partner, trustee, or other individual authorized to execute the declaration on behalf of the person.

(c)(1)On full and final discharge of the indebtedness that is the basis for a notice of claim of lien recorded under subsection (b) of this section, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate.

(2)The district courts of the United States shall have jurisdiction over a civil action in Admiralty to declare that a vessel is not subject to a lien claimed under subsection (b) of this section, or that the vessel is not subject to the notice of claim of lien, or both, regardless of the amount in controversy or the citizenship of the parties. Venue in such an action shall be in the district where the vessel is found or where the claimant resides or where the notice of claim of lien is recorded. The court may award costs and attorneys fees to the prevailing party, unless the court finds that the position of the other party was substantially justified or other circumstances make an award of costs and attorneys fees unjust. The Secretary shall record any such declaratory order.

(d)A person claiming a lien on a vessel covered by a preferred mortgage under section 31322(d) of this title must record and discharge the lien as provided by the law of the State in which the vessel is titled.

(e)(1)A notice of claim of lien recorded under subsection (b) of this section shall expire 3 years after the date the lien was established, as such date is stated in the notice under subsection (a) of this section.

(2)On expiration of a notice of claim of lien under paragraph (1), and after a request by the vessel owner, the Secretary shall annotate the abstract of title to reflect the expiration of the lien.

(f)This section does not alter in any respect the law pertaining to the establishment of a maritime lien, the remedy provided by such a lien, or the defenses thereto, including any defense under the doctrine of laches.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 3134346:925 section 31343 provides that any person claiming a lien on a vessel covered by a preferred mortgage may record a notice of lien. This notice must state the nature of the lien, date it was established; the amount; and the name and address of the person claiming a lien, and it must be acknowledged. The Secretary must record a notice of lien if it complies with these requirements. When any part of the indebtedness is discharged, the claimant shall provide the Secretary with a written, acknowledged certificate of discharge of the indebtedness, and the Secretary shall record the certificate. This section makes no substantive change to law. section 31343(c) provides that, on the full and final discharge of an indebtedness that is the basis for a claim, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge on the request of the Secretary or owner of the vessel. This subsection makes a substantive change to law by not requiring partial discharges to be filed, as well as making the filing of discharge certificates only at the request of the Secretary or owner of the vessel. house floor statementSubsection (d) of this section requires a person claiming a lien on a vessel covered by a preferred mortgage under section 31322(d) to record and discharge the lien as provided by the law of the State in which the vessel is titled.

Editorial Notes

Amendments

2021—Subsec. (e). Pub. L. 116–283 designated existing provisions as par. (1) and added par. (2). 2010—Subsec. (a). Pub. L. 111–281 struck out “of Transportation” after “Secretary” in introductory provisions. 2002—Pub. L. 107–295, § 205(a)(1)(A), substituted “notices of claim of maritime lien” for “liens on preferred mortgage vessels” in section catchline. Subsec. (a). Pub. L. 107–295, § 205(a)(1)(B), substituted “documented, or for which an application for documentation has been filed, under chapter 121” for “covered by a preferred mortgage filed or recorded under this chapter” in introductory provisions. Subsec. (b). Pub. L. 107–295, § 205(a)(1)(C), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Secretary shall record a notice complying with subsection (a) of this section.” Subsec. (c). Pub. L. 107–295, § 205(a)(1)(D), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “On full and final discharge of the indebtedness that is the basis for a claim recorded under subsection (b) of this section, on request of the Secretary or owner, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate.” Subsecs. (e), (f). Pub. L. 107–295, § 205(a)(1)(E), added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–295 effective Jan. 1, 2003, see section 205(e) of Pub. L. 107–295, set out as a note under section 31325 of this title.

Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.

§31343 Recording and discharging notices of claim of maritime lien

Summary

Title 46, §31343

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata