No Title

Bamaman1

Lieutenant Commander
Joined
May 15, 2011
Messages
1,895
Re: No Title

Isn't checking things like this something everyone does? I always call the cops and check for theft, call the dmv and check for liens, etc etc. People that don't amaze me.

The Uniform Commercial Code has been standardized over the last few years, and each state's Secretary of States keep all the records on liens, collateral and lien releases. They're the only place to check where you can be assured that what you're buying is lien free. (It's not a police/theft issue.)

I say this because boats, tractors, farm equipment and just about anything else can have a valid first priority lien you don't know about. When someone sells an item that has money owed against it, it's called Conversion.

And the first lien holder has the right to take possession of their collateralized equipment anywhere they can find it as long as they don't breach the peace.

That's why anyone buying a used boat in a non-title state needs to check with the Secretary of State.
 

ThrottleBack

Petty Officer 1st Class
Joined
Jun 15, 2013
Messages
242
Re: No Title

I said check police and make sure it isn't stolen. It may have no liens and still be very stolen, you need to check for both. I'm familiar with how liens work I probably have about 64 give or take right now with my name on them.
 

ezmobee

Supreme Mariner
Joined
Mar 26, 2007
Messages
23,767
Re: No Title

You guys managed to make 24 posts without even knowing what state the OP is in. Amazing! :p

Seriously though, Pear1973, please let us know what state you're in because every state is different and we can't really give you good advice otherwise.
 

ThrottleBack

Petty Officer 1st Class
Joined
Jun 15, 2013
Messages
242
Re: No Title

I'm in Illinois

I'm sorry.

But in all seriousness, that helps. Sounds like you need a title, again the simplest way is to get your friend to request a duplicate.

Registration And Titling
Boats which must be registered and titled:All watercraft operated on the waters
within the jurisdiction of this state shall be registered and titled.
Boats exempted from registration and titling: Watercraft shall not be required to
be registered and titled under this Act if it is:
1. A watercraft which has a valid marine document issued by the United
States Coast Guard, EXCEPT THAT any such documented vessel used
upon the waters of this State for more than 60 days in any calendar year
shall be registered in compliance with this Act.
2. Already covered by a number in full force and effect from another
state, if such boat will not be within this State for a period in excess of
60 consecutive days.
3. A sailboard.
4. A watercraft from a country other than the United States temporarily
using the waters of the State.
5. A watercraft owned by the United States, a state or subdivision thereof,
used solely for official purposes, and clearly identifiable.
6. A vessel used exclusively as a ship’s lifeboat.
7. Watercraft while competing in any race approved by the Department,
or if the watercraft is designed and intended solely for racing while
engaged in navigation that is incidental to preparation of the watercraft
for the race. Preparation of the watercraft for the race may be accomplished only after obtaining the written authorization of the
Department.
8. Non-powered watercraft owned and operated on water completely
impounded on land belonging to the owner of the watercraft. This does
not apply to waters controlled by a club or association.
9. A canoe or kayak which is owned by an organization which is organized
and conducted on a not-for-profit basis with no personal profit inuring
to anyone as a result of the operation.

http://www.dnr.illinois.gov/recreation/boating/Documents/BoatDigest.pdf
 
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