A First Preferred Ship’s Mortgage is Given Status as a Maritime Lien
Since a Preferred Mortgage is given status as a maritime lien, it has a certain priority should there be a default.
Additionally, without consent of the mortgagee/lender, the Coast Guard cannot make particular changes to the documentation. This includes changing the name of the hailing port, the name of the vessel, changes in vessel ownership, and so forth.
Use this link to apply for a First Preferred Ship’s Mortgage.
Use this link after paying off your mortgage for Mortgage Lien Release.
Apply for a Preferred Ship’s Mortgage and Subsequent Services Here
From renewing your vessel documentation and acquiring your first documentation to replacing lost forms or conducting vessel searches, our platform provides seamless solutions. Additionally, you can request an Abstract of Title for more information about a specific vessel.
The laws outlined below might help you better understand your circumstances.
- 67.145 Restrictions on exchange; requirement and procedure for mortgagee consent.
(a) A Certificate of Documentation issued to a vessel which is the subject of an outstanding mortgage recorded pursuant to subpart Q of this part or predecessor regulations, may not be exchanged for a cause arising under §§ 67.167(b) (1) through (5) or 67.167(c)
(1) through (8) without the consent of the mortgagee, except as provided in paragraph (b) of this section.
(b) The provisions of paragraph (a) of this section do not apply to a vessel which is subject only to a mortgage filed or recorded before January 1, 1989, which had not attained preferred status as of that date.
(c) When the owner of a vessel applies for a Certificate of Documentation and the consent of the mortgagee is required under paragraph (a) of this section, the applicant must submit a properly completed original Application, Consent, and Approval for Withdrawal of Application for Documentation or Exchange of Certificate of Documentation (form CG-4593) signed by or on behalf of the mortgagee to the National Vessel Documentation Center.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 94-008, 59 FR 49847, Sept. 30, 1994; CGD 95-014, 60 FR 31604, June 15, 1995]
- 67.149 Exchange of Certificate of Documentation; vessel at sea.
(a) When exchange of a Certificate of Documentation issued to a vessel is required pursuant to subpart L of this part and the vessel is at sea, the owner may affect the exchange while the vessel is still at sea by:
(1) Complying with the requirements of § 67.141; and
(2) complying with the requirements of § 67.145, if applicable.
Note:
A Certificate of Documentation is issued upon compliance with the applicable requirements, however, the requirement to mark the vessel with its new name or hailing port in accordance with subpart I of this part, if applicable, is waived until the vessel reaches its first port of call, wherever that may be.
(b) The documentation officer prepares a new Certificate of Documentation and forwards it for delivery to the vessel’s next port of call. If the port of call is in the United States, the Certificate is forwarded to the nearest U.S. Coast Guard Sector Office. If the port of call is in a foreign country, the Certificate is forwarded to the nearest American Consulate. The new Certificate is delivered only upon surrender of the old Certificate, which is then forwarded to the National Vessel Documentation Center.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 95-014, 60 FR 31604, June 15, 1995; USCG-2006-25556, 72 FR 36330, July 2, 2007]
- 67.151 Replacement of Certificate of Documentation; special procedure for wrongfully withheld document.
When the owner of a documented vessel alleges that the Certificate of Documentation for that vessel is being wrongfully withheld by any person the owner must:
(a) Submit to the Director, National Vessel Documentation Center, a statement setting forth the reasons for the allegation; and
(b) Upon the determination of the Director, National Vessel Documentation Center that the Certificate is being wrongfully withheld, apply for replacement of the Certificate in accordance with the requirements of § 67.141.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 95-014, 60 FR 31604, June 15, 1995; USCG-1998-4442, 63 FR 52191, Sept. 30, 1998; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017]
Subpart L—Validity of Certificates of Documentation; Renewal of Endorsement; Requirement for Exchange, Replacement, Deletion, Cancellation
- 67.161 Validity of Certificate of Documentation.
(a) Notwithstanding any other provision of this subpart, except as provided in paragraph (b) of this section, a Certificate of Documentation but no trade endorsement thereon, issued to a vessel which is the subject of an outstanding mortgage filed or recorded in accordance with subpart Q of this part or any predecessor regulations, remains valid for purposes of:
(1) 46 U.S.C. chapter 125;
(2) 46 U.S.C. chapter 313 for an instrument filed or recorded before the date of invalidation, and an assignment or a notice of claim of lien filed after that date;
(3) 46 U.S.C. 56101, 56102 and 57109; and
(4) 46 U.S.C. 56301.
(b) The provisions of paragraph (a) of this section do not apply to a vessel which is subject only to a mortgage filed or recorded before January 1, 1989, which had not attained preferred status as of that date.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2016-0531, 82 FR 43864, Sept. 20, 2017]
- 67.163 Renewal of endorsement.
(a) Requirement for renewal of endorsement. Endorsements on Certificates of Documentation are valid for 1 year, except for Recreational Endorsements on Certificates of Documentation, which are valid for 1, 2, 3, 4, or 5 years. However, a Certificate of Documentation with a Recreational Endorsement and a Commercial Endorsement will only be valid for 1 year. Prior to the expiration of an endorsement, the owner of a vessel, which is not exempt from the requirement for documentation under paragraph (c) of § 67.9, must apply for renewal of the endorsement(s) by complying with paragraph (b) of this section. The owner of a vessel exempt from the requirement for documentation under paragraph (c) of § 67.9 must either:
(1) Apply for renewal of the endorsement by complying with paragraph (b) of this section; or
(2) Place the Certificate of Documentation on deposit in accordance with § 67.165.
(b) Renewal application. The owner of a vessel must apply for renewal of each endorsement by executing a Vessel Renewal Notification, Application for Renewal (CG-1280) certifying that the information contained in the Certificate of Documentation and any endorsement(s) thereon remains accurate, and that the Certificate has not been lost, mutilated, or wrongfully withheld. The completed CG-1280 must be sent to the Director, National Vessel Documentation Center.
(c) Requirement for renewal of recreational endorsements. A Certificate of Documentation for a recreational vessel and the renewal of such a certificate will be effective for 1, 2, 3, 4, or 5 years for such a Certificate of Documentation for such vessel or the renewal thereof.
Note:
Renewal of endorsements on a Certificate of Documentation may be denied if the vessel owner is the subject of an outstanding civil penalty assessed by the Coast Guard.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 95-014, 60 FR 31604, June 15, 1995; USCG-1998-4442, 63 FR 52191, Sept. 30, 1998; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017; USCG-2020-0215, 86 FR 5031, Jan. 19, 2021; USCG-2023-0305, 88 FR 77901, Nov. 14, 2023]
- 67.165 Deposit of Certificate of Documentation.
(a) Option for deposit in lieu of renewal of endorsement. In lieu of renewing the endorsement(s) in accordance with § 67.163, the owner of a vessel which is exempt from the requirement for documentation under paragraph (c) of § 67.9 may deposit the vessel’s outstanding Certificate of Documentation with the National Vessel Documentation Center.
(b) Reporting requirement. The owner of a vessel whose Certificate is on deposit in accordance with paragraph (a) of this section must make a written report to the National Vessel Documentation Center when:
(1) Exchange of the Certificate is required upon the occurrence of one or more of the events described in § 67.167 (b), (c), or (d); or
(2) The vessel is subject to deletion from the roll of actively documented vessels upon the occurrence of one or more of the events described in § 67.171(a)(1) through (8).
(c) Validity of document on deposit. A Certificate of Documentation placed on deposit in accordance with paragraph (a) of this section is valid for the purposes of:
(1) 46 U.S.C. chapter 125;
(2) 46 U.S.C. chapter 313;
(3) 46 U.S.C. 56101, 56102 and 57109; and
(4) 46 U.S.C. 56301.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 95-014, 60 FR 31604, June 15, 1995; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017]
- 67.167 Requirement for exchange of Certificate of Documentation.
(a) When application for exchange of the Certificate of Documentation is required upon the occurrence of one or more of the events described in paragraphs (b), (c), or (d) of this section, or the owner of the vessel chooses to apply for exchange of the Certificate pursuant to paragraph (e) of this section, the owner must send or deliver the Certificate to the National Vessel Documentation Center, and apply for an exchange of the Certificate in accordance with subpart K of this part.
(b) A Certificate of Documentation together with any endorsement(s) thereon becomes invalid immediately, except as provided in § 67.161, when:
(1) The ownership of the vessel changes in whole or in part;
(2) The general partners of a partnership change by addition, deletion, or substitution;
(3) The State of incorporation of any corporate owner of the vessel changes;
(4) The name of the vessel changes;
(5) The hailing port of the vessel changes; or
(6) The vessel is placed under the command of a person who is not a citizen of the United States.
(c) A Certificate of Documentation together with any endorsement(s) thereon becomes invalid immediately, except as provided in § 67.161 and in paragraph (f) of this section, if the vessel is not at sea, or upon the vessel’s next arrival in port anywhere in the world if the vessel is at sea, when:
(1) The gross or net tonnages or dimensions of the vessel change;
(2) Any beneficiary with an enforceable interest in a trust arrangement owning a vessel changes by addition or substitution;
(3) The trustee of a trust arrangement owning a vessel changes by addition, substitution, or deletion;
(4) A tenant by the entirety owning any part of the vessel dies;
(5) The restrictions imposed on the vessel change by addition or substitution;
(6) The legal name of any owner of the vessel changes;
(7) A self-propelled vessel becomes non-self-propelled or a non-self-propelled vessel becomes self-propelled;
(8) The endorsements for the vessel change by addition, deletion, or substitution;
(9) A substantive or clerical error made by the issuing documentation officer is discovered; and
(10) For a vessel with a coastwise endorsement under 46 U.S.C. 12119, one of the events in § 68.80 or § 68.111 of this chapter occurs.
(d) Although a Certificate of Documentation and any endorsement(s) thereon remain valid, the owner of a documented vessel must apply for exchange of the Certificate upon an election to designate a new managing owner of the vessel in accordance with § 67.113.
(e) Although a Certificate of Documentation and any endorsement(s) thereon remain valid, the owner may apply for exchange of the Certificate if:
(1) The restrictions imposed on the vessel change by deletion; or
(2) The vessel attains a special entitlement under subpart J of this part.
(f) A Certificate of Documentation which becomes invalid pursuant to paragraph (c) of this section remains valid for the purposes of filing a new mortgage or amendment, assignment, assumption, or subordination agreement for 30 days after the date it would otherwise have become invalid.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 95-014, 60 FR 31604, June 15, 1995; USCG-2001-8825, 69 FR 5401, Feb. 4, 2004; USCG-2005-20258, 71 FR 61418, Oct. 18, 2006; USCG-2016-0531, 82 FR 43864, Sept. 20, 2017]
- 67.169 Requirement for replacement of Certificate of Documentation.
(a) The owner of a documented vessel must make application in accordance with subpart K of this part for replacement of a Certificate of Documentation which is:
(1) Lost;
(2) Mutilated; or
(3) Wrongfully withheld from the vessel owner.
(b) When application for replacement of a Certificate of Documentation is required because the Certificate has been mutilated, the existing Certificate must be physically given up to the National Vessel Documentation Center.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993; 58 FR 65131, Dec. 13, 1993, as amended by CGD 95-014, 60 FR 31605, June 15, 1995]