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I'm posting here for any advice that someone may have. I thought I found a pretty good deal on an Eliminator 234 Edge boat, that needed some engine work, which I can do myself. Then, I found out there's hull damage, but I still agreed to buy the boat because I believe that can be fixed as well. The price was right. After getting the boat home, there's a few other minor things that are wrong too, but again, I think I can fix them.
When I purchased this boat, the seller offered some of his personal history as he should because there was a lien that the State of Indiana put against this boat for not paying child support. The seller had found out recently about an illegitimate child he had fathered and he had not payed child support. But, he gave me a trailer title to the boat with a lien release and also a document from the finance company stating they had no interest in the boat. On that document the HIN was called out, so I thought it was legit.
Where I failed in this transaction, is that I took his word for it that Indiana does not require a title for a boat,....only the trailer. I've just moved from Tennesee, and the law there is the same way. I should have done research, and this is my own fault.
Now, the state of Indiana says the title will not be released until the owner settles the child support fee. I don't have a good feeling that this will come to a peaceful resolution after talking again to the seller about getting the title. The only documents I have is the following,
1. A trailer title with a lien release
2. A document from the Seller's Credit Union stating they have no interest in the boat.
3. A bill of sale from the Seller with his signature, and a witness (his secratary's signature from the car lot he operates)
4. A KY Affadavit for buying a boat out of state with his signature.
Isn't it a crime to sell something with a lien on it.
Anyone?
Thanks for any advice.
Joe
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I'm posting here for any advice that someone may have. I thought I found a pretty good deal on an Eliminator 234 Edge boat, that needed some engine work, which I can do myself. Then, I found out there's hull damage, but I still agreed to buy the boat because I believe that can be fixed as well. The price was right. After getting the boat home, there's a few other minor things that are wrong too, but again, I think I can fix them.
When I purchased this boat, the seller offered some of his personal history as he should because there was a lien that the State of Indiana put against this boat for not paying child support. The seller had found out recently about an illegitimate child he had fathered and he had not payed child support. But, he gave me a trailer title to the boat with a lien release and also a document from the finance company stating they had no interest in the boat. On that document the HIN was called out, so I thought it was legit.
Where I failed in this transaction, is that I took his word for it that Indiana does not require a title for a boat,....only the trailer. I've just moved from Tennesee, and the law there is the same way. I should have done research, and this is my own fault.
Now, the state of Indiana says the title will not be released until the owner settles the child support fee. I don't have a good feeling that this will come to a peaceful resolution after talking again to the seller about getting the title. The only documents I have is the following,
1. A trailer title with a lien release
2. A document from the Seller's Credit Union stating they have no interest in the boat.
3. A bill of sale from the Seller with his signature, and a witness (his secratary's signature from the car lot he operates)
4. A KY Affadavit for buying a boat out of state with his signature.
Isn't it a crime to sell something with a lien on it.
Anyone?
Thanks for any advice.
Joe
I got caught up in a deal like this (too good to be true) over a truck, except this clown had claimed bankruptcy. He gave the money to whoever he was supposed to, but they still wouldn't release the title. After getting an attorney, we finally got the title released, since the amount paid was more than what they showed against the truck anyway.
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Maybe you can file a Storage Lien against it, like he defualted against a financial agreement with you. When he doesn't contest it (like he shouldn't) after 30 days its yours. Just a shot.....
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I would contact the IN agency that handles child sport. Tell them how much you paid and fax copys of every thing you have. That should get the lein waved. It will also let them know that he has some money and to go after it. Its very possible that he did not know about the lein. then again he does work at a used car lot, those ppl are "strait as a arrow".......
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Guys, thanks for the advice. Hmmm,...A storage lien. In other words I'm storing a vehicle that really isn't mine. After all I don't have the title. That's an idea, but I'm not sure if I could legally do that. I will run it by a lawyer before attempting.
I've found the name of the credit union that has the lien. I'm going to contact them about our transaction. I've read that he has 21 days to get the title delievered to me under Indiana law, but I have a feeling it will require some legal counsel to get things moving forward regardless. Again, I think it's a crime anywhere to sell something with a lein against it. I could be wrong.
Yep, he's a straight one alright. When something's too good to be true it usually is.
Thanks again for the counsel guys.
