A few questions.
Q. Did the company who he had financed the boat with release their name from the title so the registration shows your friend as BOTH the LEGAL AND REGISTERED owner? Your post was unclear as to the specifics.
A. If so, all you need to do is have the guy who sold you the boat get an "affidavit of lost title" for a boat, and another one for the trailer if you got one in the deal. They need to be notarized.
If the company who he did the financing with did not remove their name from the title as the LEGAL OWNER, you and your friend need to track down that company bought out the paper (loans) from the original company.
Q. What is the name of the company who he had the financing with and what state and city was it located in? I may be able to track down which finance company the paper was transferred to.
Q. What type of boat is it and how do you intend to use it? If it is a boat that you don't intend to use a motor on, like a canoe, rowboat or drift boat, you shouldn't need to register it. If it is a powerboat, you need to register it if you are using it on public water ways.
Q. Is the registration out of date?
A. Have your buddy go buy the current tabs for the boat or have him sign a "limited power of attorney" completed that pertains only to the boat, and trailer if there is one, allowing you to renew the tabs. You can buy blank forms at Office Depot or other office supply stores. This will also need to be notarized. this process will only allow you to use the boat, but you will eventually need to clear the title at some time.
Q. What state is the boat registered in?
A. This could present a few other issues such as a vehicle inspection, etc.
I think I covered most of the scenarios available, but if there is more to it, email me.
It is the responsibility of BOTH the seller and buyer to ensure clear title on a vehicle or boat transfer. Without cooperation clear title can not be attained and your bill of sale is void. If he can't or won't provide you with clear title, get your money back.
The reasons behind the process the state uses for registering vehicle is that it mainatins the integrity of ownership, or more simply, it protects you from having someone steal your vehicle or boat and then registering it in their name.
By the way, I am a Banker, commercial loans primarily, by trade but I process about 10 private party vehicle transfers a month for clients who buy vehicles for their businesses.
Reply to this post if you want to share your issue with others who may learn from the process. Otherwise, feel free to e-mail me at the e-mail on my profile.
Your friendly Banker,
Andy
P.S. If your friend is out of state, just mail him the forms and have him mail them back to you.
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