46 CFR 67.233
§ 67.233 Restrictions on recording mortgages, preferred mortgages, and related instruments.
United States · 46 CFR — Shipping · Status: effective
Cite this
- Citation
- 46 CFR 67.233, § 67.233 Restrictions on recording mortgages, preferred mortgages, and related instruments, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/225571
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.