Guide · Maritime

Maritime Liens and Arrest: A Comprehensive Guide to Lien Priority, Arrest, Attachment, Custodia Legis, and Judicial Sale

46 U.S.C. § 31301

Type
Guide
Jurisdiction
National
Date
2024-10-22
Topic
Maritime

This guide covers maritime liens and their enforcement from the creation of the lien through judicial sale and distribution. It begins with the in rem action and the personification that makes a vessel suable in its own name, then works through which claims generate liens, the presumption of authority that lets a charterer's order bind an owner's ship, and the prohibition-of-lien clause that sometimes defeats it. Priority chapters set out the full ranking, the inverse order rule within the necessaries class, and where a preferred mortgage sits. Procedure chapters distinguish arrest from attachment, cover the verified complaint and judicial review requirements, the post-seizure hearing, custodia legis costs, and the security mechanisms that obtain release. Later chapters address judicial sale and the clean title it produces, limitation of liability and the concursus, vessel status, jurisdictional limits, the bunker supply chain problem, and bankruptcy interaction.

Maritime Liens and Arrest: A Comprehensive Guide to Lien Priority, Arrest, Attachment, Custodia Legis, and Judicial Sale

Maritime > Maritime Liens, Vessel Arrest, and Attachment | Published 22 October 2024 - Updated 19 April 2026 | UpLaw - uplaw.us

How to use this guide

Four questions decide every arrest, and they must be answered before the marshal is called:

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