Real dilemma here what to do?

[footbrake]

Well here it is almost Nov. I bought a boat and trailer from a marina in June. Paid cash for it and was told I'd have the paperwork for the boat and trailer to register them in a week. Well like I said here it is Nov. and no paper work yet. The marina has given me a set of dealer plates(numbers) to use it this summer. Seem like there is a lien from the bank on it from the original owner. and it's been about 12 years since the marina has seen the man and has kept the boat and has run it as their work boat, so it's has been maintained beautifully. So far I have $4000.00 in the boat and trailer,$735.00 for slip rental , and $550.00 for winterization and storage, for a boat and trailer that I don't own. If this deal is not resolved and I don't get title will a judge give me back all the money or just the purchase price of the boat and trailer. I feel that I've been duped here and the marina sold me a boat and trailer that itself did not own. There's a term for this but I won't print it. What should I do here? Any lawyers in here? Thanks. My wife and I are really troubled about this because we both love the boat.

 

[Bob_VT]

Re: Real dilemma here what to do?

Simple response -

GET A LAWYER.

 

[agallant80]

Re: Real dilemma here what to do?

Most small claims court do $5,000 or less. I would try that route if you decide to take them to court.

 

[Bayou Dave]

Re: Real dilemma here what to do?

Has the marina told you what it is willing to do to rectify the matter?

 

[britisher]

Re: Real dilemma here what to do?

In order to sell something to someone, you have to own it. With boats, trucks, etc, that means having a title. My other understanding is that with liens, the lien holder has a say in any sale.
They say possession is 9/10ths of the law, but I really don't think the boat/trailer was the marina's to sell. They clearly don't have legal ownership of it.
I'd go with the others, time to see a lawyer.
Wonder how many other boats they've sold they don't own??

 

[canoemang]

Re: Real dilemma here what to do?

Yea man... A lawyer consultation is normally free... and you will receive better advice from them than from people on the internet..

 

[bruceb58]

Re: Real dilemma here what to do?

Have a attorney write them a letter to see if things get going. The fact that they didn't do anything for 12 years after getting the boat from the original owner tells me they won't be in a hurry to solve your problem anytime soon.

 

[WIMUSKY]

Re: Real dilemma here what to do?

Yep, Lawyer up unless you can get a full refund from the marina or a clear title......

Have you been in contact with the marina all summer about the paperwork?

I wonder after 12 years if the boat is considered abandoned and the marina can take ownership. However, if there is a lien, the lien holder will have a say in the matter, and they really own the boat.......

 

[JASinIL2006]

Re: Real dilemma here what to do?

My wife and I went through a very similar situation when we purchased our boat (in Illinois). You might benefit from reading the thread I started here; I got lots of good advice and support from the iboats gang. Our situation had a happy ending. I hope yours does as well.

http://forums.iboats.com/boat-topics-questions-not-engine-topics/time-worried-546423.html

Jim

 

[Volphin]

Re: Real dilemma here what to do?

Lawyer up. Find out who has the title and call em up.

 

[QC]

Re: Real dilemma here what to do?

If it was me, I'd simply be talking to the Marina. Ask them for your slip rental fees back or something similar for compensation. They know this is wrong and I would assume they'd like to make it right. Do they appear financially sound?

 

[Vintin]

Re: Real dilemma here what to do?

If it was me, I'd simply be talking to the Marina. Ask them for your slip rental fees back or something similar for compensation. They know this is wrong and I would assume they'd like to make it right. Do they appear financially sound?

That's what I'd do, too. Find the owner or manager and put your cards on the table. Stay calm. Let them know you'd like to avoid having to go to a lawyer. If that doesn't do it, get a lawyer.

 

[southkogs]

Re: Real dilemma here what to do?

If it was me, I'd simply be talking to the Marina. Ask them for your slip rental fees back or something similar for compensation. They know this is wrong and I would assume they'd like to make it right. Do they appear financially sound?

^^^^ Good first step. Call it "recon."

 

[footbrake]

Re: Real dilemma here what to do?

Thanks for all your replies. All I keep hearing is he's waiting for the paperwork. He has the title with the bank holding the lein. The bank told him that he needs to contact the owner first????? Why is this??? I suppose that the bank must send the lein release to the owner and then the owner can sign it over to the marina for back fees for 12 years. Does this sound right? What if the guys is dead or in another country? Does the boat go into limbo or a landfill forever? No they are surely not in any financial trouble and the marina owner really feels terrible about it. In fact we were in the Army together in 1967.This could be something that he was blindsided with also, but still it doesn't help me. My wife and I love the boat and the marina. That's why it's so troubling. If he was a perfect stranger I'd have been to a lawyer after 30 days.

 

[DECK SWABBER 58]

Re: Real dilemma here what to do?

Friend or not, business is business. In Illinois all vehicle dealers collect and process title and license fees and sales tax.
We have 20 days to do so. If not we are fined, repeated offense's and you lose your license. We are policed by the Secretary of State Police. If a customer does not receive his title all they have to do is call the Secretary of State Vehicle Services Dept.
No attorney involved. Dealer is in big trouble. This may not apply in New York.

 

[chriscraft254]

Re: Real dilemma here what to do?

The issue here is the lien. How long has the dealer known about the lien? DId he purposely sell you a boat knowing there was a lien on it or was it sold to you with a contingency of a title? Its pretty simple, the dealer owes you the title on the boat. If he can't produce that title get your money back. Unfortunately, you should have done nothing to the boat without the boat being in your name with a proper title in hand. Getting your money back for further investments into the boat after you "purchased" it are slim to non I think.

How did you insure the boat while in use if you didn't have a title? good thing you didn't sink her or cause a wreck with someone else, that could have been a mess.

The business should have not of been using the boat without a clear title as well. Can you say illegal!?

 

[bruceb58]

Re: Real dilemma here what to do?

I am curious on how the bank didn't come and repossess the boat through all this time. Maybe they didn't know where it was. Maybe they still don't know which would makes the marina's story kinda odd. Unless of course the loan is already paid off and the lienholder just needs to sign off the title(I really doubt it though).

Any way you can find out who the lien holder is?

 

[southkogs]

Re: Real dilemma here what to do?

Maybe Bruce is on to something: I had assumed that the bank with the lien was the original loan for the boat purchase. But if the lien is an issue in the sale, then this lien holder may be for something other than the boat? The boat was just collateral?

But then I would suggest you check and see if it's legal for the marina to sell it to you in the first place. Start the process of gettin' your money back and I'll be the lien might get cleared up a bit quicker.

 

[footbrake]

Re: Real dilemma here what to do?

Well, tonight at 5p.m. , the marina called and said that they were at the bank,which was the leinholder on the title and it's all cleared and the marina will have the lein release by Friday. He said it's a done deal. My question is, obviously the banks lein was on the title of the original owner . How is the marina going to transfer it to me?? Wish me luck I'll let you all know what happens in the next couple days. Southkogs , you're right, when I put the pressure on to get all my money back,things started happening fast.

 

[salty87]

Re: Real dilemma here what to do?

if the original financing bank still has a lien then the marina shouldn't have sold it. the marina will likely have to pay the lien if the original owner won't/can't and the marina still wants to sell the boat or even keep it. i'd imagine the bank would be willing to accept a reduced payment after so long. your buddy/marina needs to level with you. has he talked to the bank to get the amount of the lien? tried to work something out with them? banks want money, not a 12+ yr old boat.

edit: you posted right when i did. the marina will essentially be buying the lien from the bank to get title. then selling to you.