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Stolen 1998 Tayana 58' Cruiser - S/Y LINDA S - ON. 1074851, HIN TYA58090D899
Dear Members,
We are maritime lawyers in Baltimore. We would be grateful for any information that you have that might help us find and recover a stolen 1998 58' Tayana Cruiser, the S/Y LINDA S - U.S. Coast Guard No. 1074851, HIN TYA58090D899, Call Sign WDA2675 - formerly owned by Dale (Bob/Robert) and Linda Kars. There is a reward.
Our client is Lehman Brothers Bank FSB, Capital Crossing Division, Boston. Capital Crossing holds the mortgage on the boat. The boat's former owners, Dale and Linda Kars, lived in Highland, Michigan (near Detroit) and defaulted on the mortgage. Capital Crossing accordingly brought suit in the U.S. District Court, Detroit. The U.S. District Court on March 1, 2007 entered judgment in favor of Capital Crossing (copy below), transferring to Capital Crossing the title to the boat, with a monetary judgment of $607,429.39.
Dale and Linda Kars however, sometime in 2006 disappeared into the Caribbean with the boat - and have been living on it since then. Our information is that they have been sailing in the southern Caribbean; they have been spotted at Grenada, St. Maarten, Chaguaramas (Trinidad) and Margarita Island (Venezuela). They may also have sailed recently up to the Tampa Bay area; Dale Kars has relatives in the Lakeland, Florida area (the Kars list Dale Kars' brother's business in Lakeland, as their address for Coast Guard purposes, but they do not live there).
The Kars refuse to return the boat to Capital Crossing, despite the Court's Order. It is stolen. It is possible that the Kars have repainted the name on the boat, and removed one or more of the Coast
Guard identification numbers. The boat remains U.S. Flag registered, however; current Coast Guard registration information, below.
Unfortunately, the bank does not have a photo of the actual boat, however, 58' Tayanas, particularly, those crewed only by two people, are relatively unusual. The boat color would be either blue, or hite.
Any and all information, even old information, would be very helpful, and as I mentioned, there is a reward for information leading to the recovery of the boat. Please contact me by return at any of the
numbers below and/or by email.
Best regards, Steve
J. Stephen Simms
Simms Showers LLP
20 S. Charles Street, Suite 703
Baltimore, Maryland US800-537-6930 (toll free, U.S.)
410-783-5795
410-510-1789 (f)
410-365-6131 (m)
_________________________________________
Vessel Documentation Query by Name
Vessel Name: LINDA S USCG Doc. No.: 1074851
Vessel Service: RECREATIONAL IMO Number: *
Trade Indicator: Recreational Call Sign: *
Hull Material: FRP (FIBERGLASS) Hull Number: TYA58090D899
Ship Builder: TA YANG YACHT BUILD CO Year Built: 1998
Length (ft.): 58
Hailing Port: ANNAPOLIS MD Hull Depth (ft.): 16
Owner: ROBERT D KARS
5333 S FLORIDA AVE
LAKELAND, FL 33813 Hull Breadth (ft.): 16.1
Gross Tonnage: 56
Net Tonnage: 50
Previous Vessel Names: No Vessel Name Changes Previous Vessel
Owners: No Vessel Owner Changes
__________________________________________
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Capital Crossing Bank,
Case No. 06-cv-11778
Plaintiff, Hon. John Feikens
v.
Robert D. Kars and Linda S. Kars,
Defendants,
_________________________________________/
JUDGMENT BY DEFAULT
The Clerk's entry of default having been entered against Defendants
Robert D. Kars and Linda S. Kars;
THEREFORE, upon the request of the Plaintiff, and pursuant to Rule 55
(b)(2) of the Federal Rules of Civil Procedure, JUDGMENT BY DEFAULT is hereby entered in favor of the Plaintiff and against the Defendants Robert D. Kars and Linda S. Kars in the amount of $607,429.39, plus daily interest and costs of this action. Capital Crossing hereby is awarded full ownership, right, title and interest, and immediate right of possession, wherever it may be found, of the sailing vessel LINDA S, U.S. Coast Guard Official Number 1074851 ("Vessel"). The judgment amount shall be reduced by the amount of any proceeds of sale of the Vessel net of Capital Crossing's expenses related to this action, the judgment, or the Vessel.
s/John Feikens
John Feikens
United States District Judge
Dated: March 1, 2007
The undersigned certifies that a copy of this
document was served on the attorneys of record
by electronic means or U.S. Mail on March 1,
2007.
s/Carol Cohron
Deputy Clerk
Last edited by jssimms; 04-18-2008 at 05:24 PM.
Reason: No settlement; boat not located - after all. Please see later posts.
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