title issue in texas

[sdrgac]

i recently purchased a used 1984 cobia boat for parts really cheap. as i dug into the project i realised that the hull is in great shape (minor soft spots in the floor) and the johnson 50 hp motor just needed a head gasket replaced. i have done a title search through the TPWD website and found the name of the registered title holder. its the same for the motor and the boat. i have tried to contact by phone (no number) and sent a certified letter to the address on file and have not recieved any feedback from the individual. what are my options for getting the title transfered or put into my name given the owner will not reply?

i gave 550 for the boat motor and trailer. had to buy a new battery, gas tank, wheel assembly, and head gasket. im in about 750 on this and dont want to spend another dime until i find out something. please help

 

[Home Cookin']

Re: title issue in texas

getting a title is a state by state matter so only Texans can give you specific advice; ignore the others. It is usually a difficult process. Start with a personal visit to the agency that handles boat titles, make friends with the oldest clerk working there, and proceed from there.
Many states register the trailer seperately and through the motor vehicle department. You may have to go through the process twice and don't assume one is the same as the other. Some states even want titles on the motors--why is beyond me--making it even worse for you if Texas does that.
I think I'd do everything I can to find the guy on the title; you are in for an uphill battle. If not, how about your seller--if it was an auction, dealer or sheriff's sale you might have something to work with.

Good luck.

 

[GA_Boater]

Re: title issue in texas

I've registered boats and trailers in TX. The boat, outboard (had titles) and trailer are titled, although in my case I was able to get a home-built trailer registration but that may have changed in the passing years. Your best bet is just what Home Cookin' said. Visit the TPWD office and talk to them. And as much as I hate to say it, be prepared to have a parts boat, motor and trailer again. Hope it works out for you.

 

[RogersJetboat454]

Re: title issue in texas

(minor soft spots in the floor)

Soft spots in the deck can be an indicator of far greater trouble under the deck. I would be taking core samples of the stringers, transom, and flotation foam before I would assume the boat's in great shape, and knock my self out trying to get everything titled up.

 

[cyclops2]

Re: title issue in texas

Remember MAINE for getting a clear new title .

 

[EddiePetty]

Re: title issue in texas

Well.......being as everyone else overlooked it:

welcome to iBoats!!!

 

[Texasmark]

Re: title issue in texas

TPWD: Boat Ownership – Titles and Registration
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http://www.tpwd.state.tx.us/fishboa...ng Title and-or Registration Through TPWD.PDF
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These two sites can help you somewhat but I think you will still need to contact their office as you do not exactly fit into one of these categories. However, the process for proceeding with titling even though you did not get a response from the previous owner is detailed and I think you could request a wavier (beins you didn't get it from an estate sale, pawn shop, etc.) if you followed the instructions contained therein. You will have to have a paper trail, like USPS register letter that needed a signature but was returned because none was had......that is the sort of thing that you can provide to the TPWD along with copies of the existing titles and a detailed explanation of how you obtained the boat, sales receipt would surely help, and how you tried to get a negotiable title from the previous owner. It's well worth a try.

The boat and motor both have titles and would be treated separately. The trailer has no title and a visit to your local county tax office is all you need with whatever info you have on the trailer. If it has no brand name and no serial number it could be considered "shop made" and that suffices. You may be required to sign an affidavit certifying prior use and titling for the purpose of determining if any delinquent taxes (annual road taxes) are required.

Example of a situation but not necessarily yours: A person comes in to reregister something that hasn't been registered in several years. Say it's a boat trailer and has been sitting in your yard unused for 5 years. Since it hasn't been on the road there is no tax penalty and you may have to certify that to the clerk.

On an out of state purchase where no prior Texas tag has been issued, then the best thing I can think of is to just tell the clerk you want to register an old shop built trailer (or whatever) that has been sitting around for some time and you have no records, or TX tag on it....if that's the case. The clerk will issue a new certificate of number (license plate) and you will pay the road tax for the current year plus a $10 registration fee...covers getting your info into the TX computer.

 

[UncleWillie]

Re: title issue in texas

i recently purchased a used 1984 cobia boat for parts really cheap...i have done a title search ... and found the name of the registered title holder. its the same for the motor and the boat. i have tried to contact by phone (no number) and sent a certified letter to the address on file and have not received any feedback from the individual. what are my options for getting the title transfered or put into my name given the owner will not reply?

Please understand that at this point, you DO NOT Own the boat, Motor or Trailer.
The person on the title owns the equipment.
If he says at his point he will be right over to pick them up;
You will be legally required to return the items for free; You are technically in possession of stolen goods.
Parting out the boat is technically just as illegal. You are essentially running a marine chop shop.

If the person you gave the money to was not the person on the title, he had no right to sell anything.
What you have is the classic case of some guy on the corner selling you the Brooklyn Bridge.

Do Not put another dime into, or do anything to, the equipment until this is resolved.

You got it at a price that was too good to be true ..... Imagine that!

 

[Home Cookin']

Re: title issue in texas

sometimes, but not always, Willie. But he should proceed on that basis.

 

[Bamaman1]

Re: title issue in texas

Sometimes you've got to go out to find the person on the title on foot. And you need to know prior to your visit what you need to get the boat moved into your name. Sometimes, it's an application for replacement titles and a power of attorney. Sometimes you've got to trust the original buyer to forward the replacement titles upon receipt. Sometimes all the title work can be done at the State level, and you can walk out with a title in your name.

Like it was said, talk to the State. Many times, such info is in the State laws or regulations that can be done online.

I live in Alabama, and we're blessed without titles on boats, motors or boat trailers. We pay only 2% sales taxes on boats and there are no ad valorem taxes when the license is renewed yearly @ $28. Our licenses are transferred by bills of sale. I guess we need to count our blessings. And the fishin's not bad either.

 

[UncleWillie]

Re: title issue in texas

sometimes, but not always, Willie. But he should proceed on that basis.

Agree!
Hope for the best, but be prepared for the worst!

If the Title holder has lost all interest in the property the possession issue becomes moot.
His best hope at this time is to find the title holder; Show up with all the paperwork ready for him to sign;
And be prepared to offer an incentive $$$ to get the cooperation he needs.

 

[Home Cookin']

Re: title issue in texas

It's too bad there isn't an easy process to deal with the common problem of missing paperwork for an old inexpensive boat. The process regards everything as if it were a 3 year old $80,000 boat on a $5000 trailer. The stuff that causes most of the problems are the ones not worth stealing in the first place, indeed many of the previous owners would want them stolen so they don't have to deal with them!

I've seen plenty of instances where the dishonest folks launder car titles through the "abandoned vehicle" process but they have to start with a false affidavit that the vehicle was in fact abandoned on their property. I know of a suspected instance recently where a guy selling boat trailers "abandoned" on his property had been stolen from storage lots. But despite the dishonest ones who will game the system, it seems the "abandoned boat" process could be modified and simplified to cover the situations where common sense says no thievery was involved.

 

[RogersJetboat454]

Re: title issue in texas

Remember MAINE for getting a clear new title .

Unless somethings changed, Maine doesn't title personal small pleasure boats. Registration only at the town or city hall of the place you intend to keep the boat. Sounds like your proposing a less than legal activity BTW....

 

[Bamaman1]

Re: title issue in texas

Now if you were in a non-title state, a buyer must document a paper trail before he pays for a boat.

If it was a late model, expensive boat, I'd run a UCC-11 Search at the Secretary of State looking for a UCC-1 Financing Statement filing that tells the public a bank or credit union has the first lien on that boat. Then you'd have to contact the finance company to find out if they've been paid, and/or arrange to pay them directly for their amount owed.

It's best to just run a history on the boat/motor/trailer so you can be assured that there are no lien filings. You don't want a 6'6" tattoo'd repo man to come into your yard at midnight with a tow truck to take possession of a bank's collateral. He's going to get it.

 

[Outsider]

Re: title issue in texas

It's best to just run a history on the boat/motor/trailer so you can be assured that there are no lien filings.

The Repo man! Yeah, that would be my concern when buying a 28 year old small boat with non-functioning motor for $550 ... :facepalm:

 

[Texasmark]

Re: title issue in texas

The question has to do with Texas, not Maine, California or the Dominican Republic. I posted the how you attempt to get there from here in Texas.

Sorry for the sarcasm but it was warranted!!!!!

 

[RogersJetboat454]

Re: title issue in texas

The question has to do with Texas, not Maine, California or the Dominican Republic. I posted the how you attempt to get there from here in Texas.

Sorry for the sarcasm but it was warranted!!!!!

No... No it wasn't...
My response was to the poster who suggested getting a new title from Maine to skirt Texas laws. As mentioned in my post, "a less than legal activity".

 

[Home Cookin']

Re: title issue in texas

Now if you were in a non-title state, a buyer must document a paper trail before he pays for a boat.

If it was a late model, expensive boat, I'd run a UCC-11 Search at the Secretary of State looking for a UCC-1 Financing Statement filing that tells the public a bank or credit union has the first lien on that boat. Then you'd have to contact the finance company to find out if they've been paid, and/or arrange to pay them directly for their amount owed.

It's best to just run a history on the boat/motor/trailer so you can be assured that there are no lien filings. You don't want a 6'6" tattoo'd repo man to come into your yard at midnight with a tow truck to take possession of a bank's collateral. He's going to get it.

Almost all states use a title/registration process for boats and trailers, and in that case, you don't record UCC-1's (financing statements). You also don't file a financing statement to create a purchase money security interest on consumer goods (boats). So a UCC search would typically be a waste of time and tell you nothing, because few, if any, banks with liens would record one in the first place. And if someone recorded one in a title state he wouldn't have a lien.

And anyone trying to haul off a $500 boat at night is more likely a thief than a repo man!

 

[UncleWillie]

Re: title issue in Texas

Re: title issue in Texas

...
And anyone trying to haul off a $500 boat at night is more likely a thief than a Repo man!

He paid $550 for the Boat Motor and Trailer and discovered it was way undervalued.

I recently purchased a used ... boat for parts really cheap. As i dug into the project I realized that the hull is in great shape .. and the ... motor just needed a head gasket ... I gave $550 for the boat, motor, and trailer...

If it sounds too good to be true......
It could very well be that he became the Fence/Chop Shop for the thief.

If he didn't buy it from the Owner/Title Holder; He didn't buy it.
He just has possession of it.
And in this case; Possession is NOT 9/10th of the law!


----------------------
A week and 19 posts later; the OP still hasn't returned.
We are all howling at the wind!

 

[Auger01]

Re: title issue in Texas

Re: title issue in Texas

Here is the skinny on boat titles in Texas: