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Anyone can file
a maritime claim of lien under certain circumstances. You
can assert a claim of lien against a maritime property if
you are due with the compensation for having provided labor, goods,
mortgage monies and other services and supplies or have suffered
the loss of or injury to person or property for which you
have not been compensated. A maritime lien remains attached
to a vessel from owner-to-owner—regardless of re-sale—and
whether it has been filed publicly or not. Since a maritime
lien remains in place and follows a vessel everywhere, it
allows the vessel to go on sailing and conducting its business,
with the understanding that the debt will be paid in the future.
Indeed, maritime liens were designed to promote the continuation
of business as usual. However the longer the person waits
to enforce a maritime lien the more likely it is that subsequent
liens will take priority or that the lien will be unenforceable
due to unreasonable delay (laches). At the same time, a claimant
can force settlement of a lien by bringing suit against a
vessel and requiring the courts to sell the vessel to satisfy
the lien. In reality, this rarely happens. Most claims are
resolved out of court according to a settlement plan.
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