46 C.F.R. § 67.83
Passage of title by extra-judicial repossession and sale
When title to a documented vessel has passed by reason of an extra-judicial repossession and sale, such passage must be established by:
(a) A copy of the instrument under which foreclosure was made;
(b) An affidavit from the foreclosing party setting forth the reasons for foreclosure, the chronology of foreclosure, the statute(s) under which foreclosure was made, and the steps taken to comply with the relevant instrument and statute(s);
(c) Evidence of substantial compliance with the relevant instrument and statute(s); and
(d) A bill of sale which meets the criteria for filing and recording set forth in subpart P of this part from the foreclosing party as agent for the defaulting owner(s).
Notes of Decisions
Cited in 2
cases, 1996–1996 · leading case: Dietrich v. Key Bank, N. A., 72 F.3d 1509 (11th Cir. 1996).
Dietrich v. Key Bank, N. A., 72 F.3d 1509 (11th Cir. 1996). “46 C.F.R. § 67.83 (1994). 10 . The statute provides for enforcement in a civil action in rem and also in a civil action in person-am.”
Dietrich v. Key Bank, N. A., 72 F.3d 1509 (11th Cir. 1996). “46 C.F.R. §67.83 (1994). 12 emption and implied private cause of action analyses are distinct modes of divining Congressional intent.”
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