Marina (delinquent slip rents)?

[Rush]

I have a marina that I've owned for about 8 years and have had problems with late payments in the past and having to take boats that haven't paid their slip rent (most were junk). I have a boat now that's probably worth 3 times the slip rent. The guy that owns the boat has been a problem since day one and constantly lies about making payment and moving the boat. I'm now in the process of taking the boat for past due rent (over a year behind). What's the best legal way to handle this problem? He's a slick-talking used car salesman and I don't want him to take the boat without paying the slip rent in full. Ow do I keep the boat there until he pays up what's owed? Thanks.

 

[Chris]

Chain it up. Then consult an attorney for your state's lien laws.

I would begin by sending a certified letter telling him he's now going to be subject to a coolection process and that he'a barred from entering your property- and if he does you'll have him criminally prosecuted.

If you can get it out of the water, I would. I'd also get it off of a trailer. Make it as hard as possible for him.

 

[DollaBill]

Every state/county is a little diff. Remember that maritime law supercedes ALL other law. Period. Maritime law is the oldest form of law that exists. It favors you well, though.

If the boat has a "first ships mortgage" filed by the leinholder (bank) they will have to satisfy the bill and then they will handle the problem with the owner. Search the boat and see if it has a mortgage. Then follow the steps. I used to have a section in my storgae contracts that gave me permission to "move the boat to more appropriate, but still safe, storage in the even the owner went into default". This basically meant I could put the boat on land and at that point I had control. Period

 

[03darkshadow]

Chain it up. Then consult an attorney for your state's lien laws.

I would begin by sending a certified letter telling him he's now going to be subject to a coolection process and that he'a barred from entering your property- and if he does you'll have him criminally prosecuted.

If you can get it out of the water, I would. I'd also get it off of a trailer. Make it as hard as possible for him.

start with that if you can. if its sitting on blocks, its really hard to take

 

[Ted]

Where I used to keep my boat they would chain the boat to a piling if guy owed rent and they suspected he'd take it. Or block it up on land or block a trailer boat with a blocked boat.

 

[Offshoredrillin]

if its on a lift, cut the power to the lift. if its on a trailer, put it inside or remove the hitch. also repo laws will apply, put the trailer up on blocks and file the appropriate paper work.

 

[phragle]

would it not become a standard lein sale issue??

 

[inbetween]

find out how your local impound lots deal with cars

 

[Rush]

Thanks for your replies. The boat is sitting in the water under my boathouse, it doesn't have a trailer on my property, but he has one. I will put a lot of thought into your replies. Thanks again, Rush

 

[Rush]

Okay, not trying to pin anybody down, but when I get the boat, do I have to sell it or auction it? And who gets the proceeds above the amount owed?

 

[DollaBill]

would it not become a standard lein sale issue??

Depends on the ships mortgage. Period. From the brief description it may. I got screwed once and it cost me 65K. So do your homework. I can put you in touch with a great maritime atty if you want just pm me.

 

[Chris]

Most likely it will have to be sold at a public auction run by a licenced auctioneer. Proceeds beyond what you are due as well as what covers your costs of liquidation must be returned to the owner.

 

[Rush]

Thanks everyone!

 

[Megabyte*3]

Don't try to do this yourself. Engage a title lien company or an attorney who already knows this process in your state - you don't want to be paying him/her by the hour to learn your lien laws.

There are specific requirements for how many times and where the lien must be advertised to the general public. After that process has been completed, some states require an auction, some simply have the lien company or attorney apply to the state for a clear title. If there is a loan on the vessel, it is at this point that the bank will show up with a check for your storage fees and costs in order to protect their collateral. If there is no bank note, then the state processes the request for title and the boat belongs to you.

If you screw this up yourself, you're on the hook for the value of the boat. Therefore, use a title company or attorney with insurance.

Tom C.

 

[Rush]

Don't try to do this yourself. Engage a title lien company or an attorney who already knows this process in your state - you don't want to be paying him/her by the hour to learn your lien laws.

There are specific requirements for how many times and where the lien must be advertised to the general public. After that process has been completed, some states require an auction, some simply have the lien company or attorney apply to the state for a clear title. If there is a loan on the vessel, it is at this point that the bank will show up with a check for your storage fees and costs in order to protect their collateral. If there is no bank note, then the state processes the request for title and the boat belongs to you.

If you screw this up yourself, you're on the hook for the value of the boat. Therefore, use a title company or attorney with insurance.

Tom C.

Thanks Tom.