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title problems
I will be the first to admit I made a BIG MISTAKE.
In Feb. 2002 I bought a 1975 cigarette project boat from a guy in Texas, I live in Oklahoma. I still to this day have not received title. I have spoke with him over 20 times and he still says it's in the mail. Is this not fraud? Can't I bring criminal charges against this guy? Also can I just sue him for the price of the boat or the amount I currently have invested? Dustyn:mad: |
Oh man that sucks. Happened to me. I registered the boat in a state that did not require a title. NH and Maine both worked for me. Good luck
Jon |
What you need to is, Is there numbers on the boat , if there is call that state and find out who is the registerd owner , also have the HIN Hull ID number to confurm this also, If the person last regesterd is not the person you bought it from you may have some real problems. Rember you do not own that boat in the eyes of the law untill it is regesterd to you. Once you have established who is the last regesterd owner, Contact him (hopefull the person you bought it from) and if it is tell him that you have contacted ( ie. DNR) That s what it is in Maryland, and they told you to contact him 1 more time to surrender title or crimnal charges will be brought aginst him. If the person that the state says is last reg. owner is not the person you bought it from , Then you have a few options, If he really bought it he never paid taxes on it and you could try and scare him with that, That is called (Title Jumping) and usuall has heavy fines and they will charge a penality like 1.2% a month . but if never paid the person he bought it from , that person can take the boat from you, Then you will have to deal with the person whom you bought it from to get youer money back and you will have no collatrel. Make sure when ever you buy anything that you see ( PROOF OF OWNERSHIP) and if it has a lein and how much is owed.
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You may want to make a call to an attorney in Texas and see what your options are. He should not charge you more than $100 or $150 to give you the info you need and then you can decide what to do. He may even may a call or write a letter for you that will get the guy to sned your title.
As far as suing the guy, Texas is a tough state. It is expensive to get a judgement because everyone wants a fee and the process is dragged out. Then after you have your judgement, unless the guy owns property you can place a lien against its tough to collect, there are no garnishments in texas, which is usually how you have to collect your money. Good luck, I hope it works out for you. |
I would go to the DMV and request a duplicate title, with that get the required signatures and register it.
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Tell them you lost the title before you could register it in your name, if you have a bill of sale it would support your story.
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Originally posted by Audiofn Oh man that sucks. Happened to me. I registered the boat in a state that did not require a title. NH and Maine both worked for me. Good luck Jon |
You have to be the owner to get a DUP title
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he prob. used the title as security on a loan and didn't pay it off with your cash and now he can't get the title, good luck nothing that 3 years and a attorney can't straighten out
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dustyn
just get a hold of someone to do a title 42 , they will check and see if leins are against it , if so have a mech do a receipt for work . and they will send it to ant lien holders and if they pay for it they can have it back. i to bought a boat out of texas took 6 months and several phone calls to finally get it. |
buy a wrecked cig and switch HIN, just kidding works but could cause a problem:D :D :D :D
actually both my boats had lien problems , the releases were copies and the bank went out of busness, and the other was from a divorce, husband said the wife had the release and the wife said he had it. BIG hassles |
Thanks everyone, I will be running this matter through the attorney soon.
Dustyn |
Sounds like the advice looking for.
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I would think if you had a bill of sale, notorized from the seller, I would think you would have no problem. When I buy a boat from an individual I request a notorized bill of sale from the seller. Due to the fact that the last two boats I bought the owners still had loans on the boat, so when I took delivery of the boat from the owner I had to wait for the bank to release the title, this took about a month in both cases. I thought the same thing you did, what if the guy I bought the boat from did not use the money I gave him for the boat to pay off the bank, would I be screwed? I would think if you had a notorized bill of sale from the owner I would think you would be covered. Maybe I'm wrong. Maybe someone out there knows the answer to this. Are you covered with a notorized bill of sale from the owner while you are waiting for his bank to release the title??
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I know here in NY if the bank has a lien and they dont get paid
you wont get a lien release, there for If I tried to get the Motor Vehicles to let it changed hands they wont. :( From now on I gonna handle boat the same way I handle cars I take cash or a cerified check to the persons bank with him present, I pay off any balance on the vehicle directly to the bank they refund him the diffence right on the spot , I leave with the lien release and title and Im home free:D |
I would run the numbers with the local authorities and make sure he's the owner and if he is all youll need is a power attorney from him to retitle and register it in your name,you can do all the power of attorneys by fax with the proper info,your local DMV should have all the forms you'll need.......then if you run into a problem w/leins or him not being the owner your local law enforcement will take care of it for you,no attorneys required,remember ,this transaction crossed state lines........and if its not legal,hes in deep !@#t!!!!!!!!he'll need the attorney
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Dustyn: I can't believe a 75 vessel still has a lein on it, it would be unlikley. If he got a loan, probably a signature loan, no collateral needed.
Take a noterized bill of sale and apply for lost title, at the DMV or Marine Division like GOforBroke says!! As a lender, I could only lend on the high value, high dollar boats that were 10 years old & could retain a loan value . |
or call the Texas dmv, give them the hull #
and get some information,:crazy: |
I bought an old boat once with no title. I went to the tag office and told them I built it. They gave me a title.
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Dustyn: Did you have any luck??
Good luck, I hope.:p |
speaking of title problems.
any way around this one? http://cgi.ebay.com/ebaymotors/ws/eB...400048429&rd=1 |
Originally posted by lotoparty speaking of title problems. any way around this one? http://cgi.ebay.com/ebaymotors/ws/eB...400048429&rd=1 |
Very sorry this has happened to you.
Live and learn. NEVER pay for anything unless the title can be produced at the same time, or if there is a lien, pay directly to the bank and make sure they know the title goes to you. Sounds like something that "National Marine" can solve. :confused: :rolleyes: :mad: :eek: Good Luck |
My attorney has tried to serve him papers six times now with no luck. This is getting ridiculous. I just want title or my money.
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All I would worry about is an existing lien and the owner of record. If there is no lien and he does in fact own it you can make the rest up easy. My biggest fear would be ownership, if he is this obstinate about helping he is so because he cannot produce the document.
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I live here in Ok as well, have some friends that do collections!! Check and see if there is no lean then I can send them down to collect from him. One way or another he will give. As for the pappers being served have somebody follow him and when he goes and eats out catch his ass then.
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Dustyn, I live here in Tulsa. Were are you located. It sounds like you are having problems. My guess is that the boat belongs to someone else. I looked at Buying a boat two years ago from a guy around Austin Tx Airport with a 75 28ss. Don't tell me you bought that boat. If so call me
Jerrod 918-245-2974 |
title problems
Thanks for all your help. I don't understand why he would do this. He has a 22ft donzi classic for sale now. Good luck to who ever buys it. His name is Randy Harris.
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Maine motor transport.......207-623-4128.......i was told you register with them.......
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title problems
tricky919, Thanks for your help. I will give them a call in the morning.
Dustyn |
If you get me the TX numbers I can go check it at the Texas Parks and Wildlife office tomorrow. That iwll tell if the boat was ever reported stollen and wil give the name and last address on file of the previous owner.
Ernie |
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