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Tom Shilson
 
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I know nothing but I won't let that stop me. :-) In the US smaller
boats are registered with the state. The laws vary from state to state.
Some may not issue a certificate of title. If the state does issue
title, then it would keep track of liens. Larger boats (yachts) are
"documented" or registered with the US Coast Guard. I don't know about
those.

Tom
Of the Swee****er Sea

Denis Marier wrote:
I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get clear
ownership other suggested the service of a broker. In Canada, lawyers are
only responsible for what information they have access or made available to
them. I would appreciate any comments and suggestions
TIA


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Marley
 
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Tom Shilson wrote:

I know nothing but I won't let that stop me. :-) In the US smaller
boats are registered with the state. The laws vary from state to state.
Some may not issue a certificate of title. If the state does issue
title, then it would keep track of liens. Larger boats (yachts) are
"documented" or registered with the US Coast Guard. I don't know about
those.

Tom
Of the Swee****er Sea

Denis Marier wrote:

I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the
bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get
clear
ownership other suggested the service of a broker. In Canada, lawyers
are
only responsible for what information they have access or made
available to
them. I would appreciate any comments and suggestions
TIA



Remarkable how little people understand maritime law as pertains to
liens, debts and encumerances.

Short answer: If a debt is incurred against a vessel (USA or Canada)
that debt is against the vessel, not the owner. Maritime law does NOT
require ANY registration of the debt, lien or encumerance in any manner.
All that is required is that the debt be provable. Whether the vessel is
registered federally or licensed provinically or state licensed, the
debt does NOT have to be "on title" to be enforceable. That is a FACT of
maritime law and if you are boat owners, you should know that! The debt
holder can if they choose register the debt, but they do NOT have to!

For example, say you buy a boat, pay for it and everythings good. Then 2
years later you wander into a marina where the previous owner damaged
the dock with that boat. The marina has every right in law to sieze you
vessel and demand payment before releasing it back to you. Of course you
then have every right to try to get the money out of the previous owner
if you can.

Folks, this ain't rocket science. Do a little research before spouting
bad information!
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