Notice of Claim of Lien and How to File Uscg by trm13648

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									   NATIONAL VESSEL
DOCUMENTATION CENTER
  AVDA PRESENTATION
      APRIL 2010
             U.S. Department of
 Homeland    Homeland Security
                             y

 Security    United States
             Coast Guard
The National Vessel Documentation Center, located at 792 T J Jackson Drive, Falling
Waters, WV, opened in August 1995 following the centralization of the vessel
documentation function formerly performed in fourteen (14) offices nationwide. Its
mission is to facilitate maritime commerce and vessel financing while protecting the
economic privileges of United States citizens through the enforcement of regulations,
and to provide a register of vessel available in time of war or emergency to defend and
protect the United States of America.
     NATIONAL VESSEL
  DOCUMENTATION CENTER
          MANAGEMENT STAFF

Patricia J. Williams   Director
Vacant                 Deputy Director
Douglas G. Cameron     Staff Attorney
       C
Laura C. Campbell      Data Management and
                       Administration Division
                       Chief
Denise E. Harmon       Commercial Division
                       Chief
Belinda Lewis          Administrative Assistant
    NATIONAL VESSEL
 DOCUMENTATION CENTER
             MANAGEMENT STAFF

Wendy Rhoads       Training Officer
Olivia Bruce       Documentation Branch Chief
Tim Shoemaker      Documentation Branch Chief
Scott Crawford     Information Resource
                   Management Branch Chief
J h Q i
John Quinn         Information Systems &
                   I f     ti   S t
                   Telecommunications Branch
                    Chief
           NATIONAL VESSEL
        DOCUMENTATION CENTER
             STAFF COMPOSITION

• 2 Program Analysts
•   1Program Specialist (Quality Assurance)
•   1Legal Administrative Specialist
•   1FOIA Specialist
•   1Support Service Specialist (Procurement &
     Supplies)
• 45 Paralegal Specialists (Documentation Officers)
       NATIONAL VESSEL
    DOCUMENTATION CENTER
             STAFF COMPOSITION

• 12 Documentation Assistants
• 4 Collection Clerks
• 21 Documentation Clerks

    There are 15 staff vacancies due to a hiring freeze
          NATIONAL VESSEL
       DOCUMENTATION CENTER
  Annually the NVDC:
• Issues 275,000 Certificates
   fD         t ti
  of Documentation



• Records $11 billion in mortgages
      NATIONAL VESSEL
   DOCUMENTATION CENTER
          350,000
• Handles 350 000 telephone inquiries
     NATIONAL VESSEL
  DOCUMENTATION CENTER
• Scans millions of document images into
  the Vessel Documentation System
      NATIONAL VESSEL
   DOCUMENTATION CENTER
• Recreational vessels make up about 67%
  of the 350,000 documented vessels
         NATIONAL VESSEL
      DOCUMENTATION CENTER
                NVDC CUSTOMERS

•   Vessel owners
•   Vessel documentation agents
•   Banks and other lenders
•   Shipbuilders
•   Attorneys
•   Entities with maritime interests
•   Federal, state, and local law enforcement agencies
•   General public
       NATIONAL VESSEL
    DOCUMENTATION CENTER
          PERFORMANCE GOALS
• Improve customer satisfaction by decreasing
  cycle time for all applications
• Refine our processes
• Deploy advanced technology to eliminate paper
  processing
• Enhance the skills of the staff
  Improve employee satisfaction through training
• I             l         ti f ti th  ht i i
  and work flexibilities
   NATIONAL VESSEL
DOCUMENTATION CENTER
            CHALLENGES

Sustaining excellent customer service
We continue to refine our processes and
                       database.
redesign our computer database VDS 2 0 2.0
deployment (June 2010) will play a key role
in this effort
     NATIONAL VESSEL
  DOCUMENTATION CENTER
            MORE CHALLENGES
ECONOMIC FACTORS
    Downturn in national economy yields less work
 GOOD NEWS!
        Vi t ll no b kl
        Virtually     backlog
 BAD NEWS!
        Recreational (reimbursable fees)
        critically low, leading to the hiring freeze
     NATIONAL VESSEL
  DOCUMENTATION CENTER
      PROCESS/POLICY UPDATES

46 CFR 67.209 was amended to eliminate the need to
submit instruments with original signatures
46 CFR 67.219 was amended to eliminate the need to
  b it i i l instruments after fili b f
submit original i t                           i il
                           t ft filing by facsimile
46 CFR 67.218 was added to provide for electronic filing
                             pdf
(Portable Document Filing) "pdf"
Send electronic filings to: NVDC.pdf.filing@uscg.mil

       We are averaging 537 pdf filings per month
         NATIONAL VESSEL
      DOCUMENTATION CENTER
                      Q
         PDF FILING REQUIREMENTS
•   All instruments must be clearly legible
•   Submitted from 8 ½ inch by 11 inch paper
•   Type font may not be less than 10 point
•   Must be attached to an email that includes
     – Name, address, telephone number and email address
        of submitter
     – The number of pages submitted
     – The name, official number or hull identification
        number of the vessel
                  ( )            ( )
     – The name(s) of the owner(s)
       NATIONAL VESSEL
    DOCUMENTATION CENTER
              PDF FILINGS (CONT’D)
    Copies of the following are acceptable:
•   Bills of sale (including the transfer on the reverse of the COD,
    MCO/MSO, state title/registration)
•   Encumbrances and related instruments (including CG-5542)
•   Affidavit from foreclosing party in an extra-judicial repo and sale
•   Affidavit from party in operation of law (67.91(b)
•   Affid i of administrative f f i
    Affidavit f d i i                         i     Declaration of
                             i forfeiture action or D l      i   f
    Forfeiture
•   CG-1258 (Application for …documentation)
•   MarAd approval letters and transfer orders
•   Statement regarding change in general partners/members of LLC
•   Citizenship evidence (including MA-899) for owner and charterer
•   Quasi-build and title
    Q
          NATIONAL VESSEL
       DOCUMENTATION CENTER
                             (      )
                 PDF FILINGS (CONT’D)
    Copies (cont’d)
•   State or foreign registrations or titles
•   Evidence of removal from foreign registry
•   Tonnage certificate
•   Simplified measurement form
•   CG-4593, Mortgagee consent
                     g g
•   Written report when exchange or deletion required
    for Certificates of Documentation (COD) on deposit
•   CG-1280 (renewal notice)
•   Certified copies of court orders
•   Certified copies of death certificates
•   Certified copy of official recognition of corporate merger
•   Owner’s certification under 12119 (lease financing)
     NATIONAL VESSEL
  DOCUMENTATION CENTER
                       (CONT’D)
           PDF FILINGS (CONT D)

The following must be submitted in the original:

CG-1261 (Builder’s Certificate) and other facts of build
(waiver exceptions still apply)
          NATIONAL VESSEL
       DOCUMENTATION CENTER
                  EXTRANEOUS FILINGS
•   When we receive what appears to be the same paperwork by two different
                delivery, i.e. fax, e-mail                                both),
    means of delivery i e fax e mail or mail (including fee payment for both) a
    letter is sent to the submitter stating the following:
•   “It appears that you sent duplicate paperwork for subject vessel. Effective
    October 31, 2007, only one original or one copy of an instrument eligible for
    filing and recording should be submitted (with manual or digital signatures)
    by fax, e-mail with PDF attachments or regular mail. Did you intend to file
    both sets of paperwork? If not, which set did you intend to file? Please fax
    or e-mail a written clarification with a copy of this letter. We have
    suspended review of both sets of paperwork pending your response.”
    The officer may hold the work items for 48 hrs in their working folder waiting
    for a response. After that time, the work items may be routed to deficiency.
              FEES WILL BE CHARGED TWICE WITH NO REFUND!
     NATIONAL VESSEL
  DOCUMENTATION CENTER
        NOTICES OF CLAIM OF LIEN
The statute (46 USC § 31343(e)) provides that “a notice of claim of lien
shall expire three (3) years after the date the lien was established as such
date is stated in the notice…” This provision became effective January 1,
2003 as enacted by Pub.L.107-295.

The NVDC has not changed the procedure for dealing with notices of
claim of lien recorded in accordance with the statute. Any such procedure
would have to be established in a formal rulemaking. The Coast Guard
prioritizes such undertakings and at present projects involving security,
   f t     d drug i t di ti t k precedence.
safety and d      interdiction take    d

        NOTE: The Abstract of Title shows the date the lien was
                                         (                    ,     )
     established as stated in the notice (effective December 5, 2006)
       NATIONAL VESSEL
    DOCUMENTATION CENTER
         NOTICES OF CLAIM OF LIEN
• A Notice of Claim of Lien may not be recorded against a
  vessel with a Certificate of Documentation (COD) status
  of Expired, No Operation PM, or Revoked PM.
                               a
• 46 USC 31343 states that “a person claiming a lien on a
  vessel documented, or for which an application for
  documentation has been filed under chapter 121, may
  record a notice” and deletes reference to “a preferred
  mortgage filed or recorded” as a condition for recording.
   NATIONAL VESSEL
DOCUMENTATION CENTER
               VESSEL NAMES
The regulations (46 CFR 67.117(b)(1)) provide that the name
must be composed of letters of the Latin alphabet or Arabic or
Roman numerals. Our policy, however is to accept some
punctuation and special characters but only as follows:

P nct ation or special characters ma not be the first or last
Punctuation                       may
character in a vessel name and may not be a “stand alone”
character. (When in doubt, inquire of the NVDC first!)

While there may be vessel names in the current database
    that do not conform to the policy as stated here,
we will not “knowingly” make such entries in the future.
        NATIONAL VESSEL
     DOCUMENTATION CENTER
                      FEE ISSUES

• Application fees are non-refundable
• No refund is payable if application is filed as “initial” and
  determined “reissue” upon review
• Fee of $4.00 per copy is required for faxes sent prior to
  mailing ( (does not apply to Abstracts f        f
                                           faxed from VDS) S)
• Bill of sale filing fee is required even with a request for
  waiver
• Fees for large copy requests are calculated in
  accordance with 49 CFR 4.95 (not $4.00 per) –
  Requestor will be notified in advance
       NATIONAL VESSEL
    DOCUMENTATION CENTER
                 OTHER ISSUES
• Vessels in the Fish Buyback Program are forever
  banned from fishing - deletion/scrapping requires
  approval from National Oceanic & Atmospheric
  Administration (National Marine Fisheries Service)
  CG-1258 s
• CG 1258’s prior to 06/04 are obsolete
• DIY requests require payment verification by the
  contractor and are received at the NVDC the next
  business day (Allow 24 hours before inquiries)
• Use Webmaster email for the best and most expeditious
  response to your questions (Do not shop for answers!)
       NATIONAL VESSEL
    DOCUMENTATION CENTER
                  OTHER ISSUES

• IMPORTANT!!
  Renewals require an established agent/client
  relationship – (46 USC 12151) Do not send lists of
  vessels to be renewed unless authorized by the owner
• Please review regulations 46 CFR Subparts D & E
                  p
  Title evidence problems constitute most deficiencies
• Please review requisite state statutes regarding manners
  of ownership (fictitious names, sole proprietorships,
  dbas, etc.)
  dbas etc )
        NATIONAL VESSEL
     DOCUMENTATION CENTER
         AVOID DEFICIENCY LETTERS
            & ADDITIONAL FEES
• Submit a cover letter with all paperwork
                                                     circum
  (Use bold larger letters to highlight any special circum-
  stances, instructions, or requests for certified copies, etc.,
  Clearly detail every submission)
• Proofread all paperwork prior to submission
  (Vessel & party names and addresses are recurring issues)
  Ensure the accuracy of official numbers and hull identification
  numbers on all documents
  Ensure that all pages are intact and legible
• Calculate fees accurately (too much/too little – both are
  problematic and costly)
  Use            t       for    dit
• U a separate page f credit card i f            ti
                                      d information
• Do not send extraneous documents
         NATIONAL VESSEL
      DOCUMENTATION CENTER
                VDS 2.0 IS COMING!!!
                       (WE PROMISE!!!)
•   What is VDS 2.0?
    The enhanced version of our Vessel Documentation System

• What are the benefits?
  Optical Character Recognition
  Less data entry
  Fewer errors due to manual processing
  Faster scanning with elimination of staging packets
  Shorter overall cycle times
       NATIONAL VESSEL
    DOCUMENTATION CENTER
  FOR A SMOOTH VDS 2.0 TRANSITION
• Ensure that all documents are clear and legible
• Include a cover sheet that provides all pertinent
  information
• Use a separate credit card authorization form or sheet
  Use larger, b ld f t f priority or special h dli
• U l          bolder font for i it         i l handling
  instructions
• Verify that all documents contain the correct official
  number hull identification number vessel name owner
  number,                     number,         name,
  name, and other pertinent information

Exceptions require manual intervention and increased cycle time!
   NATIONAL VESSEL
DOCUMENTATION CENTER
DOCUMENTATION INFORMATION
 Our website
 www uscg mil/hq/g-m/vdoc/nvdc htm
 www.uscg.mil/hq/g-m/vdoc/nvdc.htm

Forms
Instructions
Frequently Asked Questions
Links to other useful maritime sites
New policy and process information
       NATIONAL VESSEL
    DOCUMENTATION CENTER
                         (cont d)
        NVDC INFORMATION (cont’d)

• Subscribe to the NVDC Information Server for
  auto emails on changes in procedure or policy
  and updates on work status
• Call toll free at 800 799 8362, get a receptionist
  at 304 271 2400, or send a fax to 304 271 2405
    NATIONAL VESSEL
 DOCUMENTATION CENTER
             CONTACT US
     p                         g
The preferred method for sending technical
questions is: NVDC.W.Webmaster@uscg.mil
                               y
Webmaster email is continuously monitored
during regular work hours

								
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