46 USC § 53725 - Actions against obligor

---
identifier: "/us/usc/t46/s53725"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 53725 - Actions against obligor"
title_number: 46
title_name: "SHIPPING"
section_number: "53725"
section_name: "Actions against obligor"
chapter_number: 537
chapter_name: "LOANS AND GUARANTEES"
subchapter_number: "II"
subchapter_name: "DEFAULT PROVISIONS"
part_number: "C"
part_name: "Financial Assistance Programs"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1619; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(F), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598.)"
---


# § 53725. Actions against obligor

**(a)** **In General.—** For a default under a guaranteed obligation or related agreement, the Secretary or Administrator may take any action against the obligor or another liable party that the Secretary or Administrator considers necessary to protect the interests of the United States Government. A civil action may be brought in the name of the United States or the obligee. The obligee shall make available to the Government all records and evidence necessary to prosecute the action.

**(b)** **Title, Possession, and Purchase.—**

**(1)** **In general.—** The Secretary or Administrator may—

**(A)** accept a conveyance of title to and possession of property from the obligor or another party liable to the Secretary or Administrator; and

**(B)** purchase the property for an amount not greater than the unpaid principal amount of the obligation and interest thereon.

**(2)** **Payment of excess.—** If, through the sale of property, the Secretary or Administrator receives an amount of cash greater than the unpaid principal amount of the obligation, the unpaid interest on the obligation, and the expenses of collecting those amounts, the Secretary or Administrator shall pay the excess to the obligor.

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**Source Credit**: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1619; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(F), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 53725 | 46 App.:1275(e). | June 29, 1936, ch. 858, title XI, § 1105(e), as added June 23, 1938, ch. 600, § 46, 52 Stat. 971; Aug. 15, 1953, ch. 513, § 3, 67 Stat. 626; Sept. 3, 1954, ch. 1265, § 5, 68 Stat. 1272; Aug. 7, 1956, ch. 1026, § 1(e)–(g), 70 Stat. 1087; Pub. L. 85–520, July 15, 1958, 72 Stat. 358; Pub. L. 91–469, § 33, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, § 3, Oct. 19, 1972, 86 Stat. 915; Pub. L. 97–31, § 12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 98–595, § 1(11), Oct. 30, 1984, 98 Stat. 3131. |

In subsection (a), the words “may take any action” are substituted for “shall take such action . . . that, in his discretion, may be required” for clarity and to eliminate unnecessary words.

## Editorial Notes

### Amendments

2008—, repealed . See 2006 Amendment note below.

, incorporated the substance of the amendment by , into this section by inserting “or Administrator” after “Secretary” wherever appearing. See 2006 Amendment note below and , set out as a Legislative Purpose and Construction note preceding .

2006—, which directed the amendment of section 1275(e) of the former Appendix to this title from which this section was derived, was repealed by . See 2008 Amendment notes and Historical and Revision notes above.