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LEGAL FORMS PACKAGES
BACKGROUND REPORTS
BOAT INSURANCE
BOAT LOANS
BOATING SUPPLIES
BOAT WEAR ONLINE
BOATER EXAM |
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Are boat
history reports complete and reliable? - Boat history search and report services are a valuable
tool for attorneys seeking background information on
boats.
However, these should never be relied upon as conclusive evidence
that any particular boat has a clear history. Our BoatScope
database service provides a considerable amount of historical data,
but it
also comes with some very strong caveats. Information gathering on
boats that have been stolen, damaged, auctioned, recalled, and those
which have been involved in accidents or other incidents is not an
exact science. Governmental data sources are rife with errors or
omissions and there are simply no other resources that offer
complete or unequivocal information regarding the historical aspects
of any boat.
Do
all boats have title and registration certificates? -
All boats operating within the United States should have a
corresponding title or registration certificate showing the owner's
name and address. If a new boat has never been registered by a
governmental agency, it would be a builder's certificate and/or
manufacturer's statement of origin. A certificate of documentation
will show evidence of ownership for a vessel which has been
documented with the U.S. Coast Guard. Otherwise, the boat would
have a title and/or registration certificate as issued by the
respective state. In those few states that do not offer boat titles,
the certificate of registration serves as proof of ownership. It
should be noted that some states will also issue periodic registration
certificates on documented boats. Although documented boats are not
supposed to be state titled, dual titling does sometimes happen
inadvertently. State title certificates are issued just once,
certificates of documentation are re-issued on a yearly basis, and
state registration certificates are issued for various periods of
one to four years depending on the jurisdiction.
How can I discover boating assets of an individual or entity? -
Asset discovery with respect to boat ownership is somewhat limited
depending on the manner in which a boat is registered or titled. The
U.S. Coast Guard publishes a raw listing of documented boats
regularly which reveals the name and address of managing owners.
This is typically the individual owner, one of the joint owners, or
the company name itself in the case of entities. Our BoatScope
database service makes such data readily available through various
search criteria. Access to ownership information for boats titled or
registered on the state level is a different matter. Most state
jurisdictions now restrict ownership information due to strict
anti-disclosure rules. The degree of cooperation will vary
considerably with each registration agency when it comes to owner
name queries. The national law enforcement vessel database may also
reveal ownership information, but access typically requires
sufficient cause. Finally, there is an outside chance that Uniform
Commercial Codes searches may reveal ownership. However, this would
only be viable when a lender has filed a boat financing statement or
there is a tax lien recording.
How can I
locate the owner of a particular boat? -
Ownership information on Coast Guard documented boats is readily
available through our BoatScope database service. Such data is
derived from periodic governmental extractions and made searchable
by a number of different criteria. However, this reveals only the
managing owner's name and address which may not reflect the actual
ownership method. For this, it would be necessary to obtain an
abstract of title. Ownership identification is not quite so easy
with boats titled or registered on the state level. This is due to
very strict anti-disclosure rules in most jurisdictions which
prohibit dissemination of such data to the general public. In this
case, you would typically need to make a written request for a
record print-out from the respective agency. Although our BoatScope
service does not contain state registration records, it does offer
instructions, forms, and contact information for ordering records
from every state. In fact, it even has resources for obtaining owner
records from a number of foreign agencies.
How do
I interpret a Coast Guard abstract of title? -
The number of entries or recordings on a vessel's underlying
abstract of title can vary widely depending on the number of
transfers, liens, mortgages, supplements, and notations. Abstracts
on older commercial boats can be quite voluminous whereas those for
newer recreational boats may consist of just a single entry or one page.
Older abstract ledger versions were also very cryptic whereas the
Coast Guard's new electronic format is fairly straight forward. In
any event, it can be challenging to decipher the flow and meaning of
almost any abstract of title without a great deal of experience. You
may accordingly wish to consider our abstract of title services or
at least order a copy of our vessel abstracting handbook.
How do I
record a preferred vessel mortgage? - In order
to record a preferred vessel mortgage, the subject vessel must be
currently documented or in the process of becoming documented with
the U.S. Coast Guard. The mortgage form and language are not of
concern for recording purposes, but it must include or be
accompanied by specific citations. In addition to mortgage
recordings, you can also file supplements such as amendments,
assignments, assumptions, and subordinations. A mortgage is offset
by recording a satisfaction or release form when the underlying
obligation has been retired. More than one mortgage can be recorded
on any vessel, but its priority will become subordinate to those
previously filed. Please check our vessel documentation services for
mortgage and supplemental service options.
How
should a boat be identified in court actions? -
Governmental recording agencies will not typically accept court
directives unless the subject boat is sufficiently identified. Year,
make, model, length, boat names, and hailing port designations are
helpful with respect to clarification, but these will not by
themselves qualify as unique descriptions. The manufacturer's hull
number, official documentation number, and state registration number
should all be included as applicable. The Coast Guard will always
recognize its assigned official number as they consider this a
vessel's primary identifier. A manufacturer's hull identification
number may suffice, but only if a cross reference is shown on their
records. Such nexus is less likely for state registration numbers.
As for state registration agencies, they will accept a
manufacturer's hull identification number and perhaps the state
registration number if still shown on their records. An official
number for state level recordings may be acceptable, but only when
supported by an abstract of title from the Coast Guard. In any
event, any known boat identification numbers should be included
whenever possible just to cover all bases.
Is a
full ownership history available for any boat? -
Continuity of ownership for a particular boat can be very difficult
to establish in many instances. It will depend largely on how and
where the subject boat has been titled or registered. On documented
boats, the U.S. Cost Guard maintains an underlying abstract of title
which shows all prior ownership recordings. In many cases this will be
consistent all the way back to a builder. However, such chain can
become broken as certain boats move in and out of documentation.
Such mobility also applies to state registered boats, but this is
compounded because they do not typically maintain an index of all
previous owners. There is also a matter of foreign registered boats
becoming injected into this equation. It may ultimately take a great
deal of research to establish a full history of ownership,
especially on older boats. However, even this may afford no
assurance of identifying all previous owners.
Is boat title
insurance currently available? - At this time,
we are not aware of any enterprises that offer title or mortgage
insurance for boats. First American Title Insurance Company was the
latest casualty in previous endeavors to fill this badly needed
niche. They withdrew from the marketplace in August of 2010 after a
substantial effort in promoting their product through yacht brokers
and marine lenders. The information, services, and products found on
our web site may help alleviate some of this impact when it comes to
boat title research. However, we do not offer any form of insurance,
warranties, or guarantees with respect to boat titles.
Must all
boat recording documents be notarized? -
Notarization requirements can vary widely among boat registration
agencies and different types of recordings. As a general rule,
almost everything submitted to the U.S. Coast Guard with respect to
vessel documentation recordings must be notarized. This includes
bills of sale, transfer instruments, mortgages, and mortgage
supplements. It is also noteworthy that foreign notarizations are
not acceptable to the Coast Guard unless apostillized by a member of
the Hague Convention. As for state level recordings, there is
considerable disparity in notarization requirements among different
jurisdictions. However, most will accept foreign notarizations
without any type of authentication. If there is any question, it is
best to attach an acknowledgment as the recording would likely be
accepted even though not required.
What
recording language is required in court actions? -
Coast Guard documentation and other boat title recordings based on
court directives are often declined because the wording is too
complex or ambiguous. The intent of such action must be stated in
clear and precise terms which can be easily interpreted by someone
with little or no legal expertise. Most recordings are processed on
the clerical level where a decision is made without further
consultation or review. Copies of court documents must also be
certified in most cases by the respective court clerk when presented
for recording.
Where can I find marine escrow services?
- There are no marine escrow companies in the usual sense
as you will find in real estate. Boat escrows, closings,
and settlements have been historically administered by the attending
yacht broker, a marine lender, or perhaps an attorney who is willing
to become involved in such transactions. In today's marketplace,
there is a growing trend for outsourcing boat escrows to vessel
documentation or boat title companies. However, this could be
perilous as there is nothing by the way of governmental oversight,
bonding, or financial accountability for such activities. It is
certainly a scenario that warrants a great deal of consideration
before handing over large amounts of purchase money.
What
type of attorney support services do you offer? -
As a web based enterprise, our services are mostly comprised of
economical self-service kits,
downloadable forms, and handbooks which can be accessed directly from our site.
Plus we offer our BoatScope service, the nation's largest searchable
online boat record database. As for full-services, we have partnered
with a very good boat title company that can provide a complete
range of vessel documentation and nationwide state level
registration services. Each service listed on our site has a
corresponding option for obtaining a full-service quotation. |
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