Of course, if the P&S agreement said that the boat was sold with the title free of all encumbrances, then the person responsible for the lien is whomever either bought the boat without that phrasing/wording in their P&S agreement or the original owner, if every P&S agreement said that.
Originally Posted by hellosailor
"The abtract had a name and address of the owner of the lien but he never was able to get ahold of anybody."
And was that a private party, or a business? I suspect the current owner didn't try very hard. If the lien was paid off, a "satisfaction of lien" would be on file, someplace, somewhere. Otherwise it is all malarkey and no one wants to really touch the tar baby (contact the lien holder) because they might come take the boat.
I'm sure the local (county ?) courts have a provision to nullify a lien and set it aside IF the owner really can't be contacted, i.e. by service with a certified letter, etc.
Can the current owner get the lien cleared? Of course. But if the lien was and is valid, the current owner may still have to pay it off--or surrender the boat. So they've got a very good reason to NOT contact the lien holder.
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
You know what the first rule of sailing is? ...Love. You can learn all the math in the 'verse, but you take
a boat to the sea you don't love, she'll shake you off just as sure as the turning of the worlds. Love keeps
her going when she oughta fall down, tells you she's hurting 'fore she keens. Makes her a home.
—Cpt. Mal Reynolds, Serenity (edited)
If you're new to the Sailnet Forums... please read this To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Still—DON'T READ THAT POST AGAIN.