Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions

This article discusses the characteristics of maritime liens, the priority of these liens in relation to the desired first-priority secured position of a lender or lessor, and prudent practices for assessing and mitigating the risks posed by such liens.

19 minute read December 01, 2017 at 12:03 AM
By
Robert J. Stefani
Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions

Due to their increasing size, specialization and technological sophistication, today's vessels present attractive “big-ticket” financing opportunities. However, commercial vessels, regardless of type, will inevitably incur maritime liens, which are priority claims that arise by operation of law, and are enforceable against the vessel in rem.

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