Please Help...
 

Let me start off by saying that you are only dumb if you don't learn from your mistakes...and I have definately learned from this one!! Please spare me the lecturing about how I screwed up because I already know that I did.

I bought my boat in May from a person on this website (I am not going to say his name but if you look back you can find out). I STILL have not received a title from him. I do have a bill of sale though. I have given him the benefit of the doubt for 5 months now because he seemed like a good guy. But I have run out of patience because I just received the second notice from my bank saying that they are going to jack my rates up if I can't produce a title REAL soon because it will turn into an un-secured loan at that point. I have went to the bank that he claims is holding the lien and they can't tell me anything. Luckily I am in the military and get free legal but I just don't want to go through the headache. However, I think that I need to at this point. What would you guys do? I have been storing the boat in the back of a friends yard for a few months now and haven't taken it out since June for obvious reasons. I have an appointment with the Navy lawyer tomorrow. Any other suggestions would be greatly appreciated. I am not one of these people who tries to sue everyone at the drop of a hat, I just want my dang title.:mad:

So the guy says that the title is with his bank? Do you own the boat outright or did you finance some of it....is it possible the the title was transferred to the bank that you used for financing? (if in fact you did finance it)

No, the title is not with my bank because I haven't received it to give to them yet. I financed it.

I financed a portion of my boat and never physically received the title, and still haven't as it is with the bank that I did my financing through (I had an agent do all the heavy lifting for me). It's possible that this guy just took the money and never actually paid off the remaining debt, in which case the bank would still want to hold onto the title. It sounds to me like you gave this guy enough time to fix the situation and if he is trying to dodge you something is probably up.

In terms of what you can do through a legal process, I'm going to leave that to someone with more experience then myself.

If you have some sort of purchase agreement I would start the legal process immediately. I would first contact the prosecutor in the county where the transaction took place. Sometimes a simple call from them stops this sort of thing right away. Depending on the person you get, you may get help or you may get blown off- to civil. This is not something you need to sue him for or go through a trial. Your attorney needs to have the judge issue an order for the seller to produce a transferrable title. If you have a contract and a cancelled check, there should be no issue. If he fails to provide the title or file an answer, the judge can find him in contempt and have him arrested.

Before doing any of this, go to the county title agency and have them run a report on the registration or HIN. They can tell you if there's a lien and to whom.

And hide the boat. He has absolutely no reason to make the payment anymore so the bank is probably looking for it. If they find out you have it, they'll take it and auction it and keep what they're owed- and return the balance to the seller.

And you need to name the guy. If he's a crook, we all have the same right to be protected from him as you do coming here and asking for help. Does his name start with an "A" and ends her with an "E"?

I already had the boat run through the coast guard (it is CG documented) which is how I found out that there is still a lien. He claims that he owes the bank money for early payment and interest on a 30 year loan. The bank he claims says they don't have penalties and they don't do 30 year loans. I have a contract and canceled check. The boat is hidden. Yes, his name (on here) starts with an A and ends with an E (apppedigree).

I'm with Chris get started with criminal prosecution. But also at the same time on the civil side get a court ordered lien against the boat in the amount you paid. That way if the bank goes into repo mode you have a leg to stand on for with holding the boat. Albeit you still might lose in an open court battle your lien will shut down any law enforcement involved in a repo at least until a judge rules on who's lien takes precedence.:drink:

So I gather Apppedigtree's name is BobbY? Last name?

I see he listr this as "his" website- is this his business or is he an employee? http://www.umipub.com/aboutumi/AboutUmi.aspx

I would assume Bobby is an employee of these folks- since the company is older than the age he lists. And since the company appears to have a business relationship with NASCAR, I'd imagine they don't like negative association on a public board like this.

So anyway, Bobby's number over there is 1-800-747-9287. I'll have a fax number in the AM

More info-

1135 N Tryon St
Charlotte, NC 28206
Phone: (704) 374-0420

Need that last name.

He's posting this afternoon about tearing all around Lake Norman in his new Skater. I wonder if all of his boat buddies know he's using the dough he didn't use to pay off the boat for his high-roller lifestyle?

http://www.secretary.state.nc.us/cor...temId=5648477#

Owned by Ivan Mothershead

Last name is Pettus. He works for KDC Inc. (some kind of construction company, that's whats on his emails at least), not sure if he also works for UMI or not.

We'll know tomorrow :)

I also found it hard to believe that he could set up, and participate in this big poker run and not have $4500 to pay off what was supposedly left on his loan. Gas is not cheap.

Good Looking Boat

http://www.offshoreonly.com/forums/s...94#post2571894

Hi Chris, we met you!:evilb:


Hello bruin

In Florida we can apply for "lost Title", it takes 3 weeks, the state does a search, and gets another, (new) title..... you have a Bill of Sale......to prove you own the boat. Is that possible in your state? Then, give it to the lein-holder as collateral.

(Lost in mail?) :)

But there is essentially two lien holders in this case.

Thanks, I just wish I had all of the paperwork work taken care of so that I can enjoy it.

Yes we did!

Except for the ending, the race was a great weekend. I'm just glad the Tomcat guys are going to be OK.

They've got some good pics of us on the freezeframe website. I thought the starter boats were the best part of the whole event ;)

But I don't think it matters! You have a bill of sale and a copy of the check right? Let the first lein holder chase the origional owner! I think you will be allright!

I sure hope so. Thanks for the info. I am going to look into this option a little more because it pretty much puts the responsibility in my bank's hands and I won't have to worry about it.

First lienholder has precedence. If they want it and can find it, they can and will snatch it.

Look I am not a crook. I have paid the loan off - what my statement said that I owed. The bank that I used for the loan ia not releasing the loan due to payment of penalties - is what they are telling me. 4k. I have had to borrow money to pay the remainder off. I do not want this boat - it is still on my credit and in my eyes it is paid off. However the bank does not see it that way. I have been in constant communication with bruin_d and have not dodged him at all.

I was told that when I bought the thing that there was no title and that is why it had to be documented. That is why it is. The bank then gave me a line of crap about not being able to find the loan - even though I have been making the payment and they have happily accepted it.

Bash all you want to but I am trying to resolve this the best way that I know how. I borrowed through Regions and they dont have the marine division so its like pulling teeth to get this thing done.

Oh and BTW it was a 25 year loan. They say I owe on prepayment - which it clearly says there is none. This will be resolved this week.

I am fully embarrassed about this situation. Bruin_d seems like a hard working great guy. The last that deserves this. However, rest assured it has screwed me out of alot as well. I want it settled quick.

hmmmmm ... magic of OSO .....:drink:

It's a felony to sell a boat without a title. Trying to register it fraudulently is another one. You need to scrape up whatever the bank says they need and get him his title. If he calls the prosecutor tomorrow, you're going to have to come up with way more than 4 grand to cover the attorney retainer, not to mention fines, penalties, bail and maybe some time.

You were out on your Skater at a poker run this weekend- you obviously can get your hands on the scratch.

UR Right. I had finances of others for this weekend. I was comped on the run for helping out. Cost me nothing. It is taken care of.

Ultimately that's your business.

Just a suggestion- Bruin has rolled with you for 5 months. He's within moments of pulling the trigger on a mountain of grief for you. You should thank him for the last-minute opportunity to solve this problem. I wopuld be calling him 3 times a day telling him what's going on and what you're doing.

You're getting a gift here- say thanks and make the most of it.

I know it's hard to get a bank to see things the way you see them, but it has been 5mo. You obviously don't have this on the top of your priority list. I bet if some one came and borrowed your skater for 5 mo. you would understand what he is going through. Get you priorities right and get this taken care of. The next Mechanic you use may remember this thread and get some revenge. Take care of it.

In some states when the boat is Coast Gaurd doc'ed you have to surrender the title back to the state ,, therefore the boat would not have a title at the bank , they would however have a security agreement that would have to be met /paid off for the boat to be sold ,, You might have to deal with your bank again because of the lack of title or non existant title trail at this point ,,, not all states have the same title law's ,,, thats how some shady guys do double deals and committ fraud on purpose !! good luck !

I spoke with Robert this morning. To his credit he has not dodged my phone calls and emails at all for this entire time. I have given him until Friday at 0900 to give me a title or a tracking number of a next day aired title or I will be turning this over to the legal system and maybe then it will be a priority of his. I am probably being way too nice but this is my LAST show of good faith.

The direct problem here is with my bank. When this is said and done they will have received 2k more than the original loan amount. That is what I have been fighting.

the direct problem is NOT the bank..it's you (not to be a dick here but...)


he bought your boat..you sold it.. he paid you for it, you pay the bank what it wants to be free and clear...if you have a problem with the bank, thats not his problem..you pay the bank to clear the boat he already paid you for and get a lawyer and fight the bank to get your money back. where would you be at if you took out financing to have your dream house built, paid the general contractor in full and 5 months later he hadn't started on it because his subs said he owed them money and weren't working until paid... I'm willing to be you'd be tired of sleeping in the motel and ready to kick some azz....

I bet he's made 2K in payments on a boat he hasnt used in 5 months. Hope you had a good summer.

I have to give you credit, You have been a lot more patient then I would have been. I would have got legal involved right away. and then the sh!t would have hit the fan! :evilb:

Good Luck Man!

You are having a problem with YOUR bank. Why are you making your issue his? Pay the loan off, get the title, then YOU go after your bank for the money owed. He could be waiting for ever for you to clear this up with your bank and all he wants is the title so that you do not screw him on his loan and so that he can use the boat that you sold him.

[QUOTE=bruin_d;2694890 I have given him until Friday at 0900 to give me a title or a tracking number of a next day aired title or I will be turning this over to the legal system and maybe then it will be a priority of his. I am probably being way too nice but this is my LAST show of good faith.[/QUOTE]

Well I still don't have a title or a tracking number, I'm not surpirsed. I have an appointment with my lawyer at 0900 and will show up to this one (I cancelled my last appointment earlier this week because I thought he would get it to me). I also have the county prosecutors name and will be giving him a call. Hopefully by me starting this thread it will keep someone from making the same mistake that I did. You can't trust anyone in this economy.

Well he does have untill you arrive at your lawers office to get it to you.... :party-smiley-004::party-smiley-004:

True, but I am not holding my breathe.

I have a friend at the FBI office in Charlotte. I'll be making a call to him this AM. Since this is inter-state and for significant $$, he should be able to help.

Apppedigree is apparently one absolutely stupid SOB.

OSO Rules..Nice work guys! Some people will always push the limits; must keep them in check.....

Can't wait for the outcome!
B,sorry you weren't able to use your boat due to some A_ole!

His true gift was getting 38K for a 94 Scarab. He should have closed that deal as fast and as clean as he could.