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  #21  
Old 02-15-2013
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Re: Boat owner not paying yard, and title of ownership issues

i purchased an abondoned boat from a storage yard with out a tittle and i am trying to tittle it. I have sent letters to the owner and they have been returned. i called the fwc and they said since it is not on public waters they could not help me.. today i have been to the dmv and the court house with no luck. can anyone help me with how i should proceed? i have read and reread article 705 in fl and cannot find what the next step is. thank you
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Old 02-15-2013
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Re: Boat owner not paying yard, and title of ownership issues

Did you get a bill of sale from the yard? How about a receipt?

from Official Website Florida Department of Highway Safety and Motor Vehicles

Quote:
Notify your local tax collector or license plate agency in writing stating the problem and provide the vessel's Florida registration number. The local tax collector or license plate agency may provide the name and address of the titled owner with the necessary instructions for transferring the ownership of the vessel into your name. However, some agencies do not provide ownership information for vessels to the public. Instead, as stated in DMV Procedure TL-07, they may provide the titled owner (by writing directly to the owner of record) with the purchaser's released contact information (name and address) and any necessary instructions. The owner then has the option to contact the purchaser to assist them. You may also contact the department to obtain ownership information for the vessel owner by completing a form HSMV 85054, Motor Vehicle/Vessel Records Request...

What should the purchaser of a vessel do if the titled owner does not assist in obtaining the certificate of title or an executed bill of sale?

A Florida court order would be required to issue a certificate of title in the purchaser’s name.
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Old 02-15-2013
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Re: Boat owner not paying yard, and title of ownership issues

It may help to look at this too Marine Survey 101 (how to do your own marine survey).
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Old 02-15-2013
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Re: Boat owner not paying yard, and title of ownership issues

Tailchaser... you actually plopped down money for a boat without a title?
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Re: Boat owner not paying yard, and title of ownership issues

Wow! Such an interesting thread! I hadn't really thought about how "Many yard owners will not attempt to get the title for an abandoned boat unless they actually have someone interested in it, or if it's a boat that's in demand and easily sold. Because once it is theirs, it's inventory they have to pay property taxes on, along with the transfer fees. Plus, once it's theirs they are also 100% responsible for it."
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Re: Boat owner not paying yard, and title of ownership issues

In general you have to have some kind of lien sale to turn possession with a storage debt into titled ownership for any kind of property such as cars, boats, etc.
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Old 04-22-2013
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Re: Boat owner not paying yard, and title of ownership issues

First it is different in every state

In NY I do not know the exact date they started titles BUT it was sometime Around 1987 which makes for a whole lot of boats without titles

Boats before that date they had simple transferable registrations

BUT it is not THAT simple again because if a registrations was not renewed for ? 6 or 7 years they even only give even the orginal owner a six week one while it has to go through a search in Albany

Now it has always been easy to get a mechanics liens and place a hold on and item being sold BUT it starts to cost money to force a sale and there mostly projects with marginal value
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Old 04-26-2013
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Re: Boat owner not paying yard, and title of ownership issues

Wouldn't it be easier to just find another boat? It's a long way to get possession. If you can find the owner and buy it, the yard owner may stick you with owed fee's and deny you access to the boat. If you can't find them then the yard owner needs to take official measures to take possession (as it's on his property) and THEN offer it to you, probably for a kings ransom. Theres easier ways to get a boat. Try an auction house that deals with repossesed or abandoned boats or even a police auction dealing with confiscated boats. OR you could just look in the classified's !
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Re: Boat owner not paying yard, and title of ownership issues

The yard could want a buyer first, before they go after title. The offer should be written, and witnessed, with all the escape clauses possible for non performance.
I witnessed widow's home that could only be sold at auction because of minor children involved. So when a buyer presented himself, an auction was held. My Club did the same thing, and held an auction.
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Old 04-26-2013
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Re: Boat owner not paying yard, and title of ownership issues

tailchaser, when it comes to legalities you need to be specific.

What kind of boat was it? Is there a HIN on it?

Mail to the owner came back, did you try to search for them otherwise? Did the marina give you their last address or was there a registration number on the boat? Did you do a title search on the boat, was it previously titled?
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