Welcome to our Vessel Research Guide
Our Vessel Research Guide contains information and
guidelines for researching Coast Guard vessel documentation records,
state level boat registration records, foreign registry records, and
vessel ownership. The guide is organized in such a manner
that you can read the content from start to finish or by selecting
various topics.
We hope you will find
this information to be constructive and helpful. Be sure to visit this
page often for the latest updates, additions, and revisions. Please
contact us if you
have any questions or need further information about any of these
subjects.
● About Vessel Research
- An overview of what vessel title research is all
about and how this guide can help to illuminate any adverse title or
ownership conditions.
● Vessel Specifications - The
importance verifying a vessel's specifications and identification numbers to
ensure they are true the vessel itself.
● Vessel Documentation
- Coast Guard records should be searched on all vessels which are
large enough to qualify for vessel documentation.
● State Registration -
State level records should be searched on all vessels, even those which are
Coast Guard documented.
● Foreign Registry - The
implications of researching the records of vessels which are registered or licensed in a
foreign country.
● UCC Research - When and how
to conduct a Uniform Commercial Code search.
● Manufacturer's
Statement of Origin - Verifying the data as shown on the MSO
to make sure it matches with that which is true the vessel.
● Builder's Certification
- Verifying the data as shown on the Builder's Certification to make
sure it matches that which is true to the vessel.
● Tax Liens - Detecting state
or federal tax liens and other governmental claims as they apply to
documented vessels and those which are registered on the state level.
● Other Liens - Detecting liens
and encumbrances which are not listed on Coast Guard documentation or state
level records.
● Hidden Liens - The meaning
of hidden liens as they apply to Coast Guard documented vessels and those
which are registered on the state level.
● Vessel History Research
- Researching vessel backgrounds for damages, casualties, thefts, and
factory recalls.
● Trailers & Outboard Motors
- Conducting title searches on boat trailers and outboard motors.
● Ownership Research -
Background research on vessel owners and confirming the authority those
acting on behalf of corporations and other entities.
● Bringing It All Together
- Compiling your research efforts into a report where the
various elements can be compared and cross referenced.
● Vessel Research Tools -
Tools and resources for researching vessel documentation, boat registration,
and foreign registry.
A complete
and thorough title search is the cornerstone of any vessel transaction.
It is the basis for identifying the vessel, its true owners, and any
liens, encumbrances, or title deficiencies which may exist. The
paperwork for recording all subsequent ownership or security interests
must coincide with such findings. An accurate and defensible title is
something that can not be overstated due to the unique characteristics
of owning a vessel.
In addition to the
titling aspects, there are some important operational issues which come
into play regarding the physical properties of a vessel search.
Particulars such as identification numbers and the vessel's description
must correspond precisely with all boating records maintained by state
and federal agencies. Law enforcement is becoming ever more stringent
with respect to boarding
and inspecting vessels for these attributes. If the vessel's papers are
questionable, the owner may face costly citations and the vessel may
even become subject to seizure, impoundment, or forfeiture.
Please keep in mind that
the guidelines presented here are of a general nature and may not apply
to all vessel transactions. However they will prove helpful in
illuminating various aspects of a given vessel's title and ownership
status. You should also be aware that even with the utmost diligence
there is no assurance you are going to identify every ownership
interest, lien, encumbrance, or claim. As a prospective buyer or lender,
you should consult with an attorney about any concerns regarding the
vessel's title condition, the owner's title representations, or
any title
warranty issues.
An effective vessel title search should begin with a gathering of information which
is true to the vessel itself. This data should encompass the vessel's
description, its dimensions, its factory hull number, and any assigned
federal, state, or foreign registration or official numbers as they are
physically affixed to the vessel. In this way you are not relying solely
on the vessel's papers or sales brochures, which may contain
typographical errors and other misinformation.
The vessel's true
identification numbers can be derived either from your own physical
inspection, that of a marine surveyor, or some other party that
represents your interests and not the seller's. If you are relying on a
surveyor's report, be sure to raise the question of whether such data
was acquired from the vessel's papers or from a visual inspection of the
vessel itself. A good professional surveyor will usually go so far as to
include pictures and stencils of the true identification numbers.
The year, make, model,
can be verified against the manufacturer's statement of origin, the
builder's certification, a marine survey report, the factory hull number
sequence, or by contacting the manufacturer itself. It is not a bad idea
to even take your own measurements with respect to the overall length,
beam, and depth. Such data is important in evaluating the vessel and can
help in illuminating any deficiencies or misrepresentations.
The U.S. Coast Guard records should be researched on any pre-owned
vessels that are large enough to qualify for documentation. This can be
determined by calculating a vessel's measurements to see if they meet
or exceed 5 net tons in volume. Most vessels under 25' in length will
not meet this requirement unless the beam or overall depth measurements are
larger than unusual. A documentation search should also apply to vessels which are foreign registered, if there is any
possibility that it has ever been under the ownership of a U.S. citizen.
The first step in
conducting a documentation search is to determine whether an official
Coast Guard documentation number has ever been assigned to the vessel.
If this is unknown, you can contact the National Vessel Documentation
Center to see if the factory hull number resides in their database as
belonging to a documented vessel. If an official documentation number
does exist, it will be necessary to order an abstract of title or a
certificate of ownership from the documentation center. This applies even if the documentation has
expired or the vessel has been deleted from documentation. Information
about abstracts, certificates of ownership, and the National Vessel
Documentation center can be found on our Federal page.
When implementing this
kind of research, all identification numbers related to the vessel or
its paperwork should be searched, even if they are not true to the
vessel itself. This will help illuminate any inconsistencies,
misrepresentations, or unknown deficiencies.
A state level registration search should be implemented for the
jurisdiction in which the vessel is located and also where it will be
next registered. This applies even if the vessel is federally
documented, as
many states issue registrations under such circumstances. In title issuing
states, it should also be determined whether a title certificate has
also
been
issued.
Although buyers often
rely on the face value of state title and registration certificates,
these may not always be of the latest issue. You should therefore
confirm their validity with respect to whether this is the case. If you
do not have such information, a search should be conducted to see
whether the respective state's records show the vessel's hull
identification number. This will eliminate any surprises, especially
when you apply for a first time registration and discover there are
prior records that do not coincide with your transfer documents.
Vessel record searches
are limited in many states because their boat registration agencies adhere to strict
privacy and disclosure policies. Accordingly, it will be necessary to
determine the availability of various resources such as direct telephone
access, online databases, public record services, and mail in request
forms. Most jurisdictions will at least confirm by telephone the
validity of title or registration certificates in hand and will verify
whether the hull number resides in their database.
A foreign search should be conducted if the vessel was last registered
or licensed in a foreign country. This should also apply if there is evidence
that an open foreign registry still exists, even if not in the name of
the current owner. A vessel can not be placed into Coast Guard
documentation if there remains an open foreign registry anywhere in the
vessel's background.
Foreign vessel recording
systems are for the most part quite similar to our Coast Guard vessel
documentation and state registration programs here in the United States.
If the vessel is registered on the federal level of a foreign country,
the respective agency will usually issue a transcript of registry which offers the same basic
information as our Coast Guard's abstract of title or Certificate of
Ownership. A search on the provincial level should be conducted if the
vessel is not federally registered. Some provinces even facilitate UCC
or Personal Property Registry systems like those we have in the United
States.
The biggest challenge in
conducting foreign research is the language barrier.
Accordingly, foreign searches often require the seller's cooperation while working in conjunction with a qualified
translator. There are also a number of foreign service agencies that can assist
in foreign vessel record searches.
A UCC search should be conducted on non-documented vessels that are
registered in non-title issuing states. In these jurisdictions, a UCC
financing statement is used to perfect a lender's security interest. UCC
recordings are typically searched under the owner's names as shown on
the registration certificate.
UCC searches are available from
the secretary of state's office in most states. Although some financing
statements are still filed on the county level, most states now have
central recording systems. UCC research information and links for online
searches can be found in all of our Boat Registration kits. The services
of a public record provider will be necessary in those jurisdictions that do not
provide online searches.
There is no search to be performed on a Manufacturer's Statement of
Origin (MSO) other than to compare the hull identification number as
shown on the certificate with that which is actually affixed to the
vessel. This is especially important on new vessels that are being
titled or registered for the first time. It is not unusual for the
manufacturer to make typographical errors when completing the certificate and this will permeate
through all subsequent title documents if not corrected. The vessel's
specifications as shown on the certificate should also be checked for
accuracy.
There is no
search to be performed on a Builders' Certification other than to
compare the hull identification number as shown on the certificate with
that which is actually affixed to the vessel. This is especially
important on new vessels that are documented with the Coast Guard or a
state registration agency for the first time. It is not unusual for the
builder to make typographical
errors when issuing the certificate and this will permeate through all
subsequent title documents if not corrected. The vessel's specifications
as shown on the certificate should also be checked for accuracy.
State and federal tax liens which have been created by the vessel itself
can sometimes follow through to subsequent owners if not discharged at
the time of closing. If the vessel is documented, most revenue agencies
will file a notice of lien on the abstract of title in order to make it
public. Certain state registration agencies are also known to record tax
liens .
Non-recorded tax liens
are difficult to detect without contacting all of the various revenue agencies
that could possibly have an interest in the vessel. The most likely
places to search would be with the state revenue office or county clerk
in the jurisdiction where the vessel is located. Public record providers
can also prove somewhat effective in detecting such conditions.
Liens related to a vessel's operation can sometimes follow a vessel
through subsequent owners, even if not
recorded on the Coast Guard documentation or state title records. These may include unpaid
fuel bills, repair bills, supply bills, taxes, damage claims, seaman's
wages, services, and any other debts, liabilities, or obligations
created by the vessel itself.
The best protection here
is to gather as much information as you can
about the vessels operational history and make your own direct inquiries
into any circumstances which
may have given cause for a claim against the vessel. The most obvious of
these would be yard bills and moorage obligations created by the seller
in conjunction with the transaction.
There is a principle under admiralty law related to hidden liens, which
means that certain debts and liabilities can follow a vessel through
subsequent owners, even if such parties are unaware of their existence.
Although unusual, these situations do arise and are especially acute
when a vessel is documented under federal jurisdiction with the Coast
Guard.
There is a practical
limit to the degree of research which can be performed on a vessel or
its owner. Buyers may ultimately have to rely on the seller's
representations, statements of title warranty, hold-back reserves, and
perhaps title insurance for protection against hidden liens.
A vessel's history of ownership and its operational background should be
researched to the degree possible. This will further the discovery
process with respect to any inconsistencies in the title or ownership and may yield
clues about the vessel's condition. Unfortunately, such records are not always available
for the full life of the vessel; especially if the vessel has
never been Coast Guard documented.
State level vessel
records are typically maintained for periods of three to ten
years. Copies or print-outs of prior transactions are available by
special order, usually upon paying a fee. If the vessel has been documented with
the Coast Guard, an abstract of title will show entries for all changes
in ownership, changes in vessel particulars, and all encumbrances or
liens filed for the period under which the documentation was active. In
many cases this will follow from a builder's certificate all the way up
to the present day. Casualty, theft, factory recall, and damage history
reports are also available from various governmental and commercial databases.
Boat trailers are generally titled and registered in the same manner as
vehicles on the state level. On the other hand, outboard motors are titled or registered in
the same manner as boats on the state level. Most states title and register trailers, but
only a few record outboard motors.
Research in these cases
is conducted on the state level in the same respective fashion as vehicles or vessels.
However, vehicle records are usually easier to research as there are a
greater number of public record providers that offer these services. One
thing to note is that certain states may not record outboard motors
separately, but do list them on the records of the boat itself.
An ownership search is conducted on the owner rather than the
vessel itself or its title. If ownership is held by an entity you will
need to verify its standing and identify the parties that are authorized
act as representatives. Whether an entity or individual person, it also
makes sense to do some research on who you are dealing with in the event of subsequent
title problems or hidden liens. A statement of title warranty from the
seller is only as good as such party's wherewithal to make it good.
If the seller is an
entity you should check the appropriate state records to make sure
it is still in good legal standing. Our boat registration kits contain internet
links and informational resources for conducting such research. If
this does not also reveal the individuals of authority, you will need to
obtain further evidence such capacities. This can usually be derived
from annual filings or articles of formation.
Whether an entity or
individual, you should also gather as much information about the
seller's liquidity as possible. Unless you have vessel title insurance
or a hold-back reserve from the closing, this could become an issue if you ever need to
make good on the seller's warranties. Some buyers will even go so far as
to obtain a credit report on the seller.
Now that your research is complete, it is time to compare the various
results with an eye for any inconsistencies. The identification numbers,
registration numbers, year, length, model, and dimensions on all of your
research should all
coincide with the vessel's true specifications. Title documents,
releases of interest, bills of sale, purchase agreements, and any other
contractual documents should remain consistent with the vessel's true
specifications and with respect to the
manner in which the seller's name was recorded. The seller's position in the
chain of ownership should also agree chronologically with those of any
prior owners.
In order to make sense of
so much data, it is a good idea to list all of your findings on an
organized worksheet. It may take some extra time, but this approach will
help in portraying a complete picture of both the vessel and its
ownership
standings. Of course, any discrepancies or anomalies should be rectified
before the transaction at hand is consummated and before the vessel is
again operated. If anything in your findings appears to be suspect, you
should consider the services of an attorney before moving forward.
There are a number of tools and resources available on our site which
will
help in your research endeavor. Our Federal page provides additional
links and resources for researching Coast Guard documented vessels.
State level information and resources can be found on our State page.
You may visit our Foreign page for information about dealing with Foreign
registry searches. Links to our vessel search databases can be located on
our Database page. Information on various record search providers can be
found
on our Directory page.
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and vessel transaction needs.
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