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What happens to maritime liens when an admiralty court orders a ship sold?
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Maritime law
Justinian I, detail of a mosaic, 6th century; in the Basilica of San Vitale, Ravenna, Italy.
When an admiralty court orders a ship to be sold following a judgment in rem, the sale effectively divests the vessel of all pre-existing maritime liens. This applies to all such liens, not merely those that were specifically being enforced during the legal proceeding.1
This outcome is a distinct feature of proceedings in rem, which are actions brought against the maritime property itself. In contrast, if a ship is sold by a judgment creditor through an in personam proceeding—which targets the shipowner rather than the vessel—the sale does not clear existing liens. In that scenario, the purchaser acquires the ship subject to all prior liens.1