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Go Back   SailNet Community > General Interest > General Discussion (sailing related) > Boat owner not paying yard, and title of ownership issues
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Thread: Boat owner not paying yard, and title of ownership issues Reply to Thread
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Topic Review (Newest First)
01-30-2014 01:29 PM
Group9
Re: Boat owner not paying yard, and title of ownership issues

The only caveat being that things can get complicated when the vessel in question is federally documented and a boatyard or marina, files in state court and gets a title that way.

You wouldn't want to be the one who bought that boat if the owner came back and filed in federal court to challenge the use of the state law to seize and sell his boat.

The federal Commercial Instruments and Maritime Lien Act says expressly that it, not any conflicting state law, controls. (Title 46 USC Section 31307.) Worst case scenario, the sale would be undone, and just possibly the yard would face liability for “conversion”, or civil theft.

Something to keep in mind.
01-30-2014 01:20 PM
Dirtboy
Re: Boat owner not paying yard, and title of ownership issues

Quote:
Originally Posted by robertluster View Post
Do you see any go past that are NOT junk in your opinion? Is finding something that is mostly solid and merely ugly a popular fairy tale?
In our case we would repair and re-sell anything we could if we could make a profit. The only ones we sold weren't really worth fixing. I worked (retired now) for a large motorcycle/jet boat/pwc dealership; we had the resources to invest time and money in a few projects a year.

I can only think of one time we got ownership of a pristine jet boat. The owner had been a total dick to deal with and had pissed off just about everyone in the dealership from owner to wash boy. Well, he lost his job and blew up one engine all in one week. We got the engine repaired under warranty but he wouldn't come in and pay his portion of the bill. He was using us as free storage and we notified him (certified mail) of the storage charges but he'd promiss to come in, pay up and pick up, but never did. Did I mention he was a dick? LOL He was an anal dick; the boat was perfect. He just failed to keep his promiss one time too many ...... we sold that thing a week after we got the title.

Moral of the story ..... if there's money to be made, the dealer's gonna make it.

DB
01-30-2014 01:10 PM
joethecobbler
Re: Boat owner not paying yard, and title of ownership issues

start looking around, the more you look around the more you'll find. when the economy chokes a little the toys go first.
you can pay whatever you want for whatever you want. you just have to be patient and knowledgeable of the available "stock"
stay focussed, remember your cash will spend anywhere anytime,their building more boats every day
01-30-2014 12:20 PM
robertluster
Re: Boat owner not paying yard, and title of ownership issues

Quote:
Originally Posted by Dirtboy View Post
Here in Florida it's quite easy to get title to a boat abandonded in a yard. We find it necessary to do this two to three times a year as we are a service department, not a storage yard. It cost us about $300 to get the title and then we either sell them or junk them, either way we don't have room to store them.

DB
Do you see any go past that are NOT junk in your opinion? Is finding something that is mostly solid and merely ugly a popular fairy tale?
04-27-2013 11:01 AM
TakeFive
Re: Boat owner not paying yard, and title of ownership issues

Quote:
Originally Posted by sailvayu View Post
Here in NC all you need is a notarized statement from the last titled owner stating that he/she no longer has any interest in the vessel...
Sounds nice in theory, but in practice the owners of these direlict boats owe thousands of dollars in back storage fees (and sometimes boat loans), and would never create a paper trail to help the creditors track them down.

Our marina has over 10 abandoned vessels right now. The marina is very vulnerable because so many slips were empty over the winter. In the last month or so, several vessel were driven in at night, tied up at the T-ends, and the anonymous owners just left. The marina is not installing security cameras to prevent this in the future, but not sure how that will work at nighttime.

The T-ends are typically used for the biggest boats (big profits for the marina), so this really hurts the marina financially. The paying customers can't get in until the marina does something about these boats, but I suspect there are liability issues if they touch the boats. (Last one to touch it has responsibility for fuel leaks, disposal costs, etc.)
04-26-2013 08:29 PM
sailvayu
Re: Boat owner not paying yard, and title of ownership issues

Here in NC all you need is a notarized statement from the last titled owner stating that he/she no longer has any interest in the vessel. After that you submit to wildlife for a new registration and title. They will check records for stolen vessels and if it does not show up you are good to go. Of course all states are different but if you could get such a statement it might help the process along. Just a thought, might be a good first step.
04-26-2013 06:49 PM
hellosailor
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?
04-26-2013 09:44 AM
sony2000
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.
04-26-2013 05:56 AM
djaustralia
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 !
04-22-2013 01:39 PM
tommays
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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