46 CFR 67.233 - Restrictions on recording mortgages, preferred mortgages, and related instruments.

§ 67.233 Restrictions on recording mortgages, preferred mortgages, and related instruments.

(a) A mortgage or assumption of mortgage which otherwise meets the requirements of this subpart is nonetheless not eligible for filing and recording if:

(1) The mortgagor or assuming party(ies) did not actually hold legal title to the interest in the vessel being mortgaged or covered by the assumption at the time of filing of the mortgage or assumption; or

(2) If the vessel(s) which the mortgage cover(s) is (are) not documented or not the subject of an application for documentation.

(b) A mortgage of a vessel 100 feet or greater in length applying for a fishery endorsement is eligible for filing and recording as a preferred mortgage only if it meets the requirements of this part and the requirements of 46 CFR 356.19.

(c) The requirements of paragraph (b) of this section do not apply to the mortgagee of a vessel identified in § 67.11(b) or to any other vessel to which the Maritime Administration has given approval for unrestricted transfer pursuant to regulations in 46 CFR part 221.

[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1003, as amended by USCG-1999-6095, 65 FR 76576, Dec. 7, 2000]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code

Title 46 published on 09-May-2017 04:27

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR Part 67 after this date.

  • 2015-03-03; vol. 80 # 41 - Tuesday, March 3, 2015
    1. 80 FR 11361 - Vessel Documentation Renewal Fees
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      Comments and related material must either be submitted to the online docket via http://www.regulations.gov on or before June 1, 2015 or reach the Docket Management Facility by that date.
      46 CFR Part 67
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