Deficient Boat Titles Overview
Registering a boat without a title or sufficient paperwork.
Registering and titling a boat without a prior title or necessary paperwork can prove challenging on both the state and federal levels. There are, however, some viable ways of doing this providing that you are indeed the rightful owner. This overview will explore the available options for establishing a registration and title under such circumstances. More detailed guidelines can be found by visiting our state boat registration and vessel documentation overviews.
Provisional Registrations
Some states offer provisional or conditional
boat registrations when an applicant comes up short on paperwork or can not
provide a previous title certificate. In these situations an interim
registration certificate will be issued for a certain period of time, which
is usually around three years. It will be branded and identified as temporary,
conditional or provisional. If the application is approved and your
ownership remains undisputed, a permanent registration will then be issued
along with a title certificate when applicable.
Application Process:
In making this type of application you will complete a special form that
must include or be accompanied by a declaration of facts and whatever
supporting items you may have in support of your
assertions. You will also need to provide evidence that you made a
reasonable effort to contact the last owner of record. Such
procedures may vary from state-to-state, the details of which can be found
in our state registration overviews.
Transfer of Ownership:
Most state agencies will allow a transfer of ownership during a provisional
registration waiting period, however, the same restrictions will apply to
the new owner. If you are transferring to another state, you will need to go
through this same process on the basis of an existing provisional
registration.
Bonded Titles
Boat title bonding is common among many state registration
agencies, which is a similar process as that for vehicles. It involves the
purchase of a surety bond based on the boat's value in conjunction with a
special application procedure. The bond is designed as financial protection
for the state or some other party with a legitimate claim against the
boat. Upon acceptance, a branded title is issued for a certain period of
time which is typically three years. If there are no subsequent claims, the
bond is then lifted and the title becomes free and unencumbered.
Bonded
Registrations:
Bonding for boat registrations in non-titling states may be available in
some jurisdictions, but this is not
commonplace.
Transfer of Ownership: Transferring ownership
on a bonded title is typically allowable in most states providing the surety
obligation remains in place.
Court Order
Another option to provisional registrations or title bonding
would be to petition a local court of law for a summary award of ownership.
In this case you will need to provide a valid reason for doing so as
supported by some convincing evidence. This would typically entail a
statement of facts, copies of any transactional documented, and proof that you have attempted to
contact the owner. This is something you can do on your own or with the
assistance of an attorney. Details on how to go about filing a petition can
be obtained from the respective court clerk's office. This may or may not
involve an actual court hearing depending on the jurisdiction. Armed
with a certified copy of the court's award, you should have no problem in
registering or titling the boat.
Transfer of Ownership: If you are
in the process of selling the boat, most registration agencies will honor
the court award when accompanied by a bill of sale
Vessel Documentation
Dealing with USCG documented vessels is an entirely
different matter from state level procedures. Application rules are quite
stringent and there is no bonding process or provisional accommodations when
it comes to establishing ownership. Title disputes on
currently documented vessels are dealt
with in federal courts under maritime or admiralty rules.
Initial and
Returns to Documentation: The Coast Guard will not accept a provisional
or bonded state titles as evidence of ownership for initial and
re-documentation purposes. However, it will accept state level a court order
if the vessel is properly identified and the terminology is
unambiguous.
Deficient Applications
State and federal boat registration or titling agencies may not always inform you of these options when an application is being denied for deficiencies. They will simply define what is wrong with your submissions, suggest the necessary corrections and provide a timeline for re-filing. Failure to respond within such period may result in a forfeiture of fees, especially when it comes to USCG vessel documentation.
Conclusion
The options shown here are intended for owners that acquired a boat without the necessary paperwork where the seller is no longer available or unwilling to cooperate. They are not designed for abandoned boats, lien sales and loan foreclosures. Intentional misrepresentations by an applicant may furthermore result in statutory violations or civil action for damages on behalf of the true owner. Any concerns about such issues should be addressed with a qualified attorney.
References and Referrals
Comments - Suggestions - Corrections