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Lien on boat we sold with clear title question.

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Snax

Junior Member
What is the name of your state (only U.S. law)? OR

We are looking for a couple of simple answers on a question of our liability with respect to a boat that we sold. Here are the basic facts:

The purchase was on a secured loan installment contract. We understood that the boat was to be held as collateral at the time of the contract. The titles for both the boat and the trailer however were delivered to us free of any indication of a lienholder. It was our understanding that although we are still fully on the hook for the balance of the contract, under Oregon law, failing to perfect the title in a timely manner provided us the right to reconvey that title upon sale. As such, we sold the boat two years later, and it has now been another 2-1/2 years since the sale. We have continued to make our regular payments on the loan in an effort to pay it off.

It is our understanding that title transferred successfully and the buyer has not experienced any issues or question over the title. However, we have only recently discovered that under chapter 79 of the UCC for Oregon, there is a lien filed presumeably against the boat, and clearly in my name.

So our questions are:

1) If we default on the loan, can the financing company reposess or otherwise encumber the buyer's ability to sell the boat later on?

2) Were our actions likely to be considered as fraud despite our misunderstanding of liens and clear intent to pay off the loan in good faith?


We ultimately will get an attorney involved as we go forward with a potential bankruptcy filing later this year and are not interested in a discussion of whether that debt will be discharged or not. We are very stressed out over this issue and cannot afford to consult an attorney at this time. We merely wish to gain a better understanding of where we likely stand on this issue.

Any questions?

Thanks so much in advance!
 


QSTERLING

Junior Member
the original boat loan was secured with the boat as collateral. the loan should be paid off when the boat sold even if you sold for less than the loan--you make up the difference or you possibly would have gained on the transaction bec. you sold for a profit. now the boat is 'held' by another party without the tranfer of title because the bank did not release the title. there is not way the new owner could be gotten title by these means. you will not be responsible for the new lien as you did not receive an consideration in the transaction. but your lawyer will have to handle this.
 

Snax

Junior Member
But the new owner HAS the title without the encumberance noted on it.

I'm really concerned about what is going to happen if we default on this loan!
 

Snax

Junior Member
I believe this section from the ORS answers my question:

830.740 Perfection of security interest in boats, boathouses and floating homes covered by certificate of title; applicability of Uniform Commercial Code. (1) Except as provided in subsection (2) of this section, the exclusive means of perfecting a security interest in a boat, boathouse or floating home covered by a certificate of title is by application for and notation of the security interest on the certificate of title in accordance with the provisions of ORS 830.720, 830.740 to 830.755, 830.785, 830.810, 830.850 and 830.855. The security interest remains effective until released or terminated by the secured party.

(2) A security interest may not be perfected by notation of the security interest on the certificate of title if the debtor who granted the security interest is in the business of selling boats, boathouses or floating homes, and the boat, boathouse or floating home constitutes inventory held for sale or lease or the boat, boathouse or floating home is leased by the debtor as lessor. The filing provisions of ORS 79.0501 to 79.0528 shall apply to security interests in such boats, boathouses or floating homes.

(3) The rights and remedies of all persons in boats, boathouses and floating homes covered by this section shall be determined by the provisions of the Uniform Commercial Code. [Formerly 488.763; 2001 c.445 §185]
In other words, if it's not on the title, it's not secured. Am I wrong?
 

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