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      • Circumnavigator Who Eschewed Instruments Dies at 104
      • Maritime Liens: Don't Let Your Boat Get 'Arrested'
      • Gulf Stream Is Slowing Down
      • Attention Cruisers, Perseids Meteor Shower Peaks Next Week
      • Ladies Publish Great Loop Tell-All
      • New NOAA Model Forecasts Another Sahara Dust Cloud Arriving This Week (Animation)
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      • Giant Floating Chain Saw To Rip Up Wrecked Car Carrier off ICW
      • Lock Sked Final: Great Loop Doable, But...
      • Georgia Caves, Defangs Draconian Anchoring Law
      • Heads Up, Boaters: Here Comes the Red Dust from Africa
      • Bahamas Changes It's Mind: Keeps Covid Test Requirement
      • Insurance? Tell All or Risk Claim Denial
      • Gulf 'Dead Zone' Bigger Than Connecticut
      • GPS Spoofing Mystery: AIS Crop Circles & Ghost Ships
      • Yanmar To Install Fuel Cell Propulsion in Boats
      • Bahamas To Boaters: Welcome Back, Wear a Mask
      • Covid Concerns Fuel Coast Guard Retention Drive
      • Birthday Gift for Her 70th, a TT35
      • Above Average Hurricane Season Forecast
      • Foreign Boaters Get Some Relief as Restrictions Eased
      • Catalina Island Reopened for Arriving Boats
      • When a Boat Isn't: Supreme Court Decides
      • Coast Guard Adopting 'i911' for Your Location
      • Makeover: Storm Early Warning System Explained (Video)
      • The Reality of Quarantine in Paradise
      • 92-Footer Sinks Off California
      • New York to Loopers: You May Be Out of Luck
      • Badass Origins of Boating Law
      • Can Cannabis Save Florida Waterways?
      • Tale of a Terrible Boat
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      • Powering Through a Mexican Gale
      • Bahamas Says Stay Away, Get Out
      • Composting Heads Are a Good Option
      • TT35 Ad Campaign: The Un-Tug
      • Coronavirus Song: 'Drone Shot of My Yacht'
      • Smuggler's Run: Florida's Own 'Mini-Loop'
      • Virtual Tours of Old Ironsides
      • BoatUS to Gulfport, Don't Break Law
      • Luperon's Swimming Robber or Maybe Not
      • Georgia Begins Undoing Anchoring Ban
      • Gulfport Joins the War Against Cruisers
      • Video on D.R. Consulting Gig
      • Reward Increased in Hunt for Dolphin Killer
      • Our Favorite Fugitive Arrives in Mexico
      • Humungous Crane To Slice Up Wrecked Car Carrier
      • Avoid Getting Screwed by Georgia; Just Go Around
      • Radar Detects 'Fowl' Weather in Keys
      • Old Abe the Naval Architect
      • $20,000 Reward in Dolphin Killings
      • Great Lakes Search for Sunken Planes
      • Great Harbour Advises D.R. Boatbuilder
      • Despite Sewage Apocalypse, Mayor Blames Boaters
      • Loopers Will Need NY Certificates
      • Dorian Dog Story 'Spiked'
      • $209,000 for 61-Foot Hatteras MY
      • Refloating Effort Progress
      • Free Bahamas Cruising Guide
      • New Florida Anchoring Bans
      • Propane Fire
      • Psychedelic Fibers Advance Knot Theory (Video)
      • Wanted on the Waterways 1/4/2020
    • Ken Fickett's Blogs
    • Cruising in the Time of Covid: Think Outside The Loop
  • Owners
    • Moving Aboard
    • The Odyssey Begins
    • The Search For Adventure
  • Home
  • About
    • A Family Affair >
      • Ken Fickett
      • Becky Fickett
      • Travis Fickett
      • Jessica Fickett
    • Mirage Manufacturing
    • Factory Support
    • Careers
    • Contact
  • Boats
    • TT35 >
      • TT35 Specifications
      • TT35 Key Features
      • TT35 Design Discussions
      • Towing Resources
      • PRESS
    • N37 >
      • N37 Specifications and Layout
      • N37 Photo Gallery
      • N37 Brochure
    • GH37 >
      • GH37 Specifications and Layout
      • GH37 Photo Gallery
      • GH37 Brochure
    • N47 >
      • N47 Specifications and Layout
      • N47 Photo Gallery
      • N47 Brochure
    • GH47 >
      • GH47 Specifications and Layout
      • GH47 Photo Gallery
      • GH47 Brochure
    • GH74
  • Great Design
    • Trawler Truths >
      • Trawler Truth 1
      • Trawler Truth 2
      • Trawler Truth 3
      • Trawler Truth 4
      • Trawler Truth 5
      • Trawler Truth 6
      • Trawler Truth 7
    • Design Discussions >
      • Twins vs Single
      • Shoal vs deep draft
      • Stability vs Ballast
      • Fishtail Rudders
      • Space Age Core
      • Core Materials
      • Unsinkability
    • Economy
    • Our Naval Architect
  • Construction
    • Lamination
    • Interior
    • Rigging
  • Trawler Times
    • News >
      • California Humpbacks Perform Rare 'Triple Breach' (Video)
      • Betrayal in Georgia? Anchoring Rules Appear Worse Than Ever
      • Ga. Wreck Removal Delayed Again: Anchor SNAFU
      • Chesapeake's Tangier Island: Enjoy it While You Can
      • Robert Peek, Beloved Deep Creek Lockmaster, Has Died
      • U.S. Agency Warns of GPS Interference
      • Rudy and Jill's ICW Tips
      • A TT35 Day at the Sausage Factory
      • Cat or Monohull Sailboat Versus a Trawler (Images, Long)
      • Loopers Warned To Linger Post-Sally
      • Coast Guard Shallow Draft Navigation Survey
      • Forget Lithium for a Moment: Why Old-Fashioned Batteries Explode
      • Tracking Hurricane Laura Live (Streaming Video)
      • The Downsides of Cruising (Comprehensive)
      • Circumnavigator Who Eschewed Instruments Dies at 104
      • Maritime Liens: Don't Let Your Boat Get 'Arrested'
      • Gulf Stream Is Slowing Down
      • Attention Cruisers, Perseids Meteor Shower Peaks Next Week
      • Ladies Publish Great Loop Tell-All
      • New NOAA Model Forecasts Another Sahara Dust Cloud Arriving This Week (Animation)
      • TT35 Demonstrations Set for Next Week
      • Prep for a Busy Hurricane Season
      • It's a Marina! It's a Mooring! No, It's a French Design (Video)
      • Giant Floating Chain Saw To Rip Up Wrecked Car Carrier off ICW
      • Lock Sked Final: Great Loop Doable, But...
      • Georgia Caves, Defangs Draconian Anchoring Law
      • Heads Up, Boaters: Here Comes the Red Dust from Africa
      • Bahamas Changes It's Mind: Keeps Covid Test Requirement
      • Insurance? Tell All or Risk Claim Denial
      • Gulf 'Dead Zone' Bigger Than Connecticut
      • GPS Spoofing Mystery: AIS Crop Circles & Ghost Ships
      • Yanmar To Install Fuel Cell Propulsion in Boats
      • Bahamas To Boaters: Welcome Back, Wear a Mask
      • Covid Concerns Fuel Coast Guard Retention Drive
      • Birthday Gift for Her 70th, a TT35
      • Above Average Hurricane Season Forecast
      • Foreign Boaters Get Some Relief as Restrictions Eased
      • Catalina Island Reopened for Arriving Boats
      • When a Boat Isn't: Supreme Court Decides
      • Coast Guard Adopting 'i911' for Your Location
      • Makeover: Storm Early Warning System Explained (Video)
      • The Reality of Quarantine in Paradise
      • 92-Footer Sinks Off California
      • New York to Loopers: You May Be Out of Luck
      • Badass Origins of Boating Law
      • Can Cannabis Save Florida Waterways?
      • Tale of a Terrible Boat
      • Boating and Social Distancing (Video)
      • Powering Through a Mexican Gale
      • Bahamas Says Stay Away, Get Out
      • Composting Heads Are a Good Option
      • TT35 Ad Campaign: The Un-Tug
      • Coronavirus Song: 'Drone Shot of My Yacht'
      • Smuggler's Run: Florida's Own 'Mini-Loop'
      • Virtual Tours of Old Ironsides
      • BoatUS to Gulfport, Don't Break Law
      • Luperon's Swimming Robber or Maybe Not
      • Georgia Begins Undoing Anchoring Ban
      • Gulfport Joins the War Against Cruisers
      • Video on D.R. Consulting Gig
      • Reward Increased in Hunt for Dolphin Killer
      • Our Favorite Fugitive Arrives in Mexico
      • Humungous Crane To Slice Up Wrecked Car Carrier
      • Avoid Getting Screwed by Georgia; Just Go Around
      • Radar Detects 'Fowl' Weather in Keys
      • Old Abe the Naval Architect
      • $20,000 Reward in Dolphin Killings
      • Great Lakes Search for Sunken Planes
      • Great Harbour Advises D.R. Boatbuilder
      • Despite Sewage Apocalypse, Mayor Blames Boaters
      • Loopers Will Need NY Certificates
      • Dorian Dog Story 'Spiked'
      • $209,000 for 61-Foot Hatteras MY
      • Refloating Effort Progress
      • Free Bahamas Cruising Guide
      • New Florida Anchoring Bans
      • Propane Fire
      • Psychedelic Fibers Advance Knot Theory (Video)
      • Wanted on the Waterways 1/4/2020
    • Ken Fickett's Blogs
    • Cruising in the Time of Covid: Think Outside The Loop
  • Owners
    • Moving Aboard
    • The Odyssey Begins
    • The Search For Adventure
Picture
The Sunseeker 74 that was “arrested” following the Fort Lauderdale International Boat Show was released to the company in February after a few months in custody. Read the story at right below. (Photo courtesy Kevin Turner via Soundings Trade Only)
PictureMaritime attorney Todd Lochner of Annapolis, Maryland, has agreed to let us share a series of his articles about various facets of boating law as posted at his website boatinglaw.com. This is the third installment in that series.
Defend Your 'Arrested' Boat With Qualified Representation

From BOATINGLAW.COM

​
A lien is a claim for an amount of money which is secured by a piece of personal or real property. A maritime lien entitles the lien-holder to have a vessel seized and sold to satisfy a debt. Since vessels can move, a maritime lien is enforceable by arresting the vessel and holding it in place until the debt is satisfied or secured with a bond.

​In the United States, this is usually done by U.S. Marshals in an action in the federal courts, although many states have state lien laws.

The law in this area is greatly complicated by the fact that maritime liens can arise without the lienholder filing the lien with any central authority. Only recently has the USCG accepted most liens for filing. Enforcement of maritime liens is also complicated by the fact that it courts engage in the fiction of personifying the boat. Liens are enforceable against the boat itself, even though boats cannot themselves be negligent, boats cannot themselves breach contracts, and boats cannot themselves fail to pay wages.


In the maritime sphere, liens arise in several areas. The one that the casual boat owner knows is that of a bank or mortgagee. This type of lien, if filed appropriately, is called a preferred ship’s mortgage. This type of lien usually appears in an abstract of title available through the USCG and follows the vessel until paid off. Yet there are other, hidden liens, that can burden a vessel.

The highest priority lien is that of a seaman. This class includes virtually any person that is working on a vessel in navigation. A seaman will have a lien against the boat for his or her unpaid wages and this lien will have first rights over any other lien.

Another type of a lien is when a maritime business provides "necessaries" to a vessel. "Necessaries" are those items or services that are necessary to the operation of the boat. For marinas, necessaries include dockage, fuel, electricity, water, hauling, etc. For service companies, liens will arise through repairs to the hull, engine and the like. Other liens may arise out of services requested by the vessel itself, such as equipment ordered specifically for the vessel (e.g. radar, tackle, ropes, etc.) and even insurance premiums. The law is very generous to those who “furnish” these necessary services to the vessel. In order to qualify, the parts or service must be necessary to operation, and they must be provided to the individual vessel. Generally speaking, items sold in a retail store then taken to the vessel will not give rise to a maritime lien against the vessel. Conversely, those same items supplied on the credit of the vessel, may give rise to a lien.

Additional maritime liens can arise in the context of injuries that occur aboard the vessel or from property damage caused by the vessel. A passenger that is injured by the negligence of a crewmember has a lien against the boat. A dock owner whose property is damaged when the vessel comes into contact with it has a lien against the boat. Finally, liens from salvage and other areas can encumber the ship.

Enforcement of lien (for a marina or seaman) or defense of a lien (for the boat owner) can be complicated and costly. Suit must be filed where the boat is physically located, which can be difficult to ascertain. It may be advisable (or inadvisable) to assert a claim against the owner or operator of the vessel as well. Asserting a proper and enforceable claim to arrest a vessel requires significant expertise, and there are fees for having the marshals arrest the boat; fees for storing the boat until it can be sold; and attorneys' fees and costs associated with preparing and trying the case.

Moreover, should the vessel be sold at a judicial sale, all liens, known and unknown will be extinguished. By law, a sale by the U.S. Marshals clears all liens on the vessel. This means that if a person has a valid lien on a boat, but fails to exercise it or fails to intervene in the arrest proceedings, should that vessel be sold at a judicial sale, the lien on the vessel will be cleared. Finally, providing services to a vessel that is arrested, such as fuel or dockage, and not making a claim before the sale is ratified, such person(s) will forfeit any claim against the vessel.

If you have a lien to enforce, or your vessel is seized to satisfy one, find an admiralty attorney, preferably one in the jurisdiction in which the boat lies. Timing is of the essence. If you wait, you may lose your rights to enforce the claim, or lose your rights to contest an arrest that was done improperly.

When Worse Comes to Worst: 'Arrest' the Boat

Soundings Trade Only earlier this year reported on an extreme case that resulted in the "arrest" of a yacht at last year's Fort Lauderdale International Boat Show.

Here's what Trade Only published on Feb. 20: 

"The 74-foot Sunseeker that was placed “under arrest” at the end of last year’s Fort Lauderdale International Boat Show was released by a federal judge to Sunseeker U.S.A.

"Turner, who put down a $4 million deposit for the yacht, told the newspaper he had been caught in a “financial musical chairs” that Sunseeker and Obey had played for years.

"Obey took deposits from buyers and sent the money to Sunseeker, the story noted. The builder then applied those funds to boats it was finishing for earlier buyers. At times, the money was applied toward boats that Sunseeker sold Obey on spec.

"In May 2018, one of the engines blew on a boat Obey had sold to another client, Obey said in the lawsuit, but Sunseeker declined to reimburse Obey for repair costs. This caused Obey to fall behind with payments to Sunseeker, Turner said.
"Sunseeker said in its own legal filings that Obey never paid the full balance for Turner’s boat.

Obey then said he told Sunseeker to apply $4 million he had paid the company to Turner’s boat and release the vessel to him. Tired of the back and forth, Turner sued Obey and Sunseeker last spring in state court."

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