(a) A marina shall be entitled to a lien upon any vessel or personal watercraft, which lawfully comes into the marina’s possession and is retained pending payment of all reasonable charges due. IF three (3) months or more have elapsed since the contractually-prescribed due date for payment of such charges, THEN the marina may enforce such lien in the manner prescribed for the enforcement of artisans’ liens under §§ 66-14-102 – 66-14-106, after reasonable inquiry and notice to interested parties.
Terms Used In Tennessee Code 66-19-212
Lien: A claim against real or personal property in satisfaction of a debt.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Notwithstanding any law to the contrary,
(1) IF, in the case of a personal watercraft, the marina submits a search request for the filing of a security interest under the Uniform Commercial Code, compiled in title 47, chapters 1-9; OR, in the case of a vessel, the marina submits a search request to the United States coast guard; AND(2) IF, thereafter, the marina sends, by certified mail, return receipt requested, notice of intent to enforce the lien to all known owners, all known interested parties, and to any other owner or interested party discernible through reasonable effort; AND(3) IF, thereafter, the marina advertises notice of intent to enforce the lien at least once a week for two (2) or more consecutive weeks in a newspaper of general circulation within the locality where the sale is to be held; THEN(4) For purposes of subsection (a), there shall be a rebuttable presumption of reasonable inquiry and notice to interested parties.(c) In addition to the method of enforcement authorized by this section, the lien may be enforced, in the alternative, by the marina complying with the provisions contained in the other sections of this part.(d) As used in this section:
(1) “Marina” means a marina, boat dock, dry dock, or dry storage facility;(2) “Personal watercraft” has the same meaning as this term is defined in § 69-9-501; and(3) “Vessel” has the same meaning as this term is defined in § 69-9-204.
