46 USC 31323 - Disclosing and incurring obligations before executing preferred mortgages

U.S Code last checked for updates: May 16, 2024

§ 31323.

Disclosing and incurring obligations before executing preferred mortgages

(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.

(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4744.)

cite as: 46 USC 31323