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e-CFR data is current as of September 17, 2020

Title 46Chapter ISubchapter GPart 67 → Subpart R


Title 46: Shipping
PART 67—DOCUMENTATION OF VESSELS


Subpart R—Filing and Recording of Instruments—Notices of Claim of Lien and Supplemental Instruments


Contents
§67.250   General requirements.
§67.253   Requirements for notices of claim of lien.
§67.255   Restrictions on filing and recording.
§67.257   Requirements for assignments of notices of claim of lien.
§67.259   Requirements for amendments to notice of claim of lien.

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§67.250   General requirements.

(a) A notice of claim of lien or supplemental instrument thereto submitted for filing and recording must meet all of the requirements of subpart O of this part.

(b) An instrument assigning or amending a notice of claim of lien must recite information which clearly identifies the notice of claim of lien being assigned or amended. Such information will normally consist of the book and page where the notice of claim is recorded and the date and time of filing. If the submission of the assignment or amendment is contemporaneous with submission of the notice of claim of lien, the information should include the name of each original claimant, the date of the notice of claim, and the amount of the claim and other information to adequately identify the notice of claim of lien being assigned or amended.

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§67.253   Requirements for notices of claim of lien.

A notice of claim of lien must:

(a) Be signed by or on behalf of each claimant; and

(b) Recite the following:

(1) The name and address of each claimant;

(2) The nature of the lien claimed;

(3) The date on which the lien was established; and

(4) The amount of the lien claimed.

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§67.255   Restrictions on filing and recording.

A notice of claim of lien is not entitled to filing and recording unless the vessel against which the lien is claimed is covered by a preferred mortgage filed or recorded in accordance with subpart Q of this part or predecessor regulations thereto and which is outstanding at the time the lien is filed and recorded.

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§67.257   Requirements for assignments of notices of claim of lien.

An assignment of a notice of claim of lien must:

(a) Be signed by or on behalf of each original claimant or last assignee of record; and

(b) Recite the following:

(1) The name and address of each claimant; and

(2) The name and address of each assignee and the interest in the claim being assigned.

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§67.259   Requirements for amendments to notice of claim of lien.

An amendment to notice of claim of lien presented for filing and recording must:

(a) Be signed by or on behalf of each original claimant or last assignee of record; and

(b) Recite the nature of the change being effected by the instrument.

[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2014-0688, 79 FR 58281, Sept. 29, 2014; USCG-2014-0688, 79 FR 61262, Oct. 10, 2014]

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