46 U.S.C. § 31305

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 31305 - Waiver of lien rights

This chapter does not prevent a mortgagee or other lien holder from waiving or subordinating at any time by agreement or otherwise the lien holder's right to a lien, the priority or, if a preferred mortgage lien, the preferred status of the lien.

46 U.S.C. § 31305

Pub. L. 100-710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4741.

HISTORICAL AND REVISION NOTES
Revised section	Source section (U.S. Code)
31305	46:974

Section 31305 provides for the waiver of lien rights by the mortgagee or a person performing or supplying necessaries. This section makes no substantive change to law and is included only because of a like provision in current law. Without this provision the Committee believes these waivers would be permissible as a matter of law as they do not violate any public policy and on their face reflect an arms length transaction between the parties. The inclusion of this provision should not raise the implication that a similar provision is required for other matters that may be waivable as a matter of law.

HOUSE FLOOR STATEMENTSection 31305 has been changed to clarify that the chapter does not prevent a mortgagee or other lien holder from waiving by contract the right to a lien, or the priority of that lien.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100-710 set out as a note under section 31301 of this title.

mortgagee: "mortgagee" means-(A) a person to whom property is mortgaged; or(B) when a mortgage on a vessel involves a trust, the trustee that is designated in the trust agreement;
necessaries: "necessaries" includes repairs, supplies, towage, and the use of a dry dock or marine railway;