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Old 12-12-2011, 17:57   #16
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Re: Bad people do bad things

moto, you are coming across, to my way of thinking anyway, as a real opportunist.
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Old 12-12-2011, 18:06   #17
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Re: Bad people do bad things

Quote:
Originally Posted by moto View Post
The value of the boat is in the neighborhood of 60,000 with a firesale price/ value of 30-35K
So, were you hoping to pay 60K or steal it for 30K?
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Old 12-12-2011, 18:26   #18
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Re: Bad people do bad things

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Originally Posted by anglooff View Post
This is a simple moral philosophy question.

If you know who are the heirs to the estate; inform them of your understanding of the circumstances especially the intermediary’s actions. Also state your interest in making an offer if the stolen/misappropriated parts are included in the package. If you do not know whom the heirs or their probate trustee are… walk away. As others have stated there are always other opportunities.

Regards

Alan
I only found the heirs by securing the gentlemans photo album with his memories and a few letters and post cards. The POA Ripped the mans camper trailer apart like a crack head looking for valuables. I am waiting for a call back from other family members to find their thoughts. As I stated I would buy the boat at a great deal and the $ would go to its rightfull place
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Old 12-12-2011, 18:31   #19
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Re: Bad people do bad things

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Originally Posted by DeepFrz View Post
moto, you are coming across, to my way of thinking anyway, as a real opportunist.
Yes, no , maybee. I have looked at this boat for a long time. I had a 45 ft boat that was never all there. I have been looking for the right deal for a long time and as it was prsented to me at the time was exactly what I was looking for. I think the negated upon death POA is the real opportunist, and a shameless one at that
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Old 12-12-2011, 18:32   #20
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Re: Bad people do bad things

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Originally Posted by Anonymous7500 View Post
So, were you hoping to pay 60K or steal it for 30K?
Actually, I disagree with this opinion - I have seen many boats with a similar circumstance in that the owner "disappears" - and years later you have an interest in the boat so you do the research to try to find out who owns it and what is necessary to acquire the boat.

- - The research can uncover some bizarre or unusual history around the boat, it may even be haunted by the memories of the owner who disappeared.

- - Whether you can get the boat or not depends upon finding the current legal owners and seeing what they will take for the vessel. Such "estate" sales or similar sales can typically allow you to acquire the boat for a fraction of the real market value of the vessel.
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Old 12-12-2011, 18:36   #21
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Quote:
Originally Posted by DeepFrz
A POA dies with the person.
A "durable" POA does not - and most attys do these instead these days. For exactly the reason you have stated.
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Old 12-12-2011, 18:43   #22
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Re: Bad people do bad things

File it under SEP. and move on.
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Old 12-12-2011, 18:55   #23
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Re: Bad people do bad things

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A "durable" POA does not - and most attys do these instead these days. For exactly the reason you have stated.
unsure what type POA. I plan to get all documentation when I sit down w/ him to "make the deal''....Just before I show him my hand. At this point I don't want to buy the boat w/o missing gear AND w/o him obeying the letter of the law
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Old 12-12-2011, 19:02   #24
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Re: Bad people do bad things

I have run across a guy like this on the Chesapeake. His office seems to burn down every couple of years.
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Old 12-12-2011, 19:08   #25
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Re: Bad people do bad things

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Originally Posted by osirissail View Post
Actually, I disagree with this opinion - I have seen many boats with a similar circumstance in that the owner "disappears" - and years later you have an interest in the boat so you do the research to try to find out who owns it and what is necessary to acquire the boat.

- - The research can uncover some bizarre or unusual history around the boat, it may even be haunted by the memories of the owner who disappeared.

- - Whether you can get the boat or not depends upon finding the current legal owners and seeing what they will take for the vessel. Such "estate" sales or similar sales can typically allow you to acquire the boat for a fraction of the real market value of the vessel.
Yup. In this case the OP watched a boat deteriorate while the homeless and destitute owner slowly aged and died. The OP sat back thinking "not much longer and I will get a 60K boat for 30K". Unfortunately for the OP, the executor of the estate was also waiting for the owner to die so he could steal from him. What does it matter which crook ends up stealing from the dead guy? Both parties are equal in my eyes.
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Old 12-12-2011, 19:21   #26
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In any case - you aren't going to get all the stuff you consider "missing" back. I would move on. Without a vested interest in the ownership of the vessel you have no claim to accuse anyone of theft. You haven't ability to bring any charges or any legal authority what so ever.

If you sit down with him and say "these five things are missing" and show before and after pictures. He is just going to laugh and get up and walk away.
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Old 12-12-2011, 19:27   #27
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Re: Bad people do bad things

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Originally Posted by Anonymous7500 View Post
Yup. In this case the OP watched a boat deteriorate while the homeless and destitute owner slowly aged and died. The OP sat back thinking "not much longer and I will get a 60K boat for 30K". Unfortunately for the OP, the executor of the estate was also waiting for the owner to die so he could steal from him. What does it matter which crook ends up stealing from the dead guy? Both parties are equal in my eyes.
I beg your pardon, I did not sit back waiting as the POA did. I just made contact only a month ago and the man was alive at that point read through my replies. The POA has turned a great boat into a worthless hull needing far more $ to bring her back than it is worth in pristine condition. Bottom line I was an active buyer acting in good faith and the POS is a rotten SOB
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Old 12-12-2011, 19:33   #28
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Quote:
Originally Posted by moto
I beg your pardon, I did not sit back waiting as the POA did. I just made contact only a month ago and the man was alive at that point read through my replies. The POA has turned a great boat into a worthless hull needing far more $ to bring her back than it is worth in pristine condition. Bottom line I was an active buyer acting in good faith and the POS is a rotten SOB
That may be true. But there is nothing you can do about it.

You can just pick a better POA than the dead guy did. So let this be a lesson to everyone. Pick a good POA - if you don't they will loot your boat.

OK?
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Old 12-12-2011, 19:39   #29
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Re: Bad people do bad things

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As far as me expending any efforts and or dollars my biggest hurdle is the get the attention of the states attorney's office ( asst. states attorney are fresh out of law school eager to make a name for them selves)
.......
My delemma is do I hit the the POS/ POA with both barrels or urge the state attorney to persue the criminal aspect and deal with the remaining family members....nieces and nephews
No state attorney's office will give a rats *** about some missing chandlery on a boat. They can barely be asked to pursue the $1.2 billion missing from clients accounts at MF Global.......

And you'd have zero luck with the local law enforcement even if the family were hopping mad - the fact is that a legally appointed POA has removed stuff under 'grey' circumstances. No doubt he'll claim parts were sold with the Owners consent as compensation to look after some vague 'things' or to settle unspecified debts.

If you want it, offer what it's worth 'as is' to the family.
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Old 12-12-2011, 19:43   #30
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Originally Posted by muskoka

No state attorney's office will give a rats *** about some missing chandlery on a boat. They can barely be asked to pursue the $1.2 billion missing from clients accounts at MF Global.......

And you'd have zero luck with the local law enforcement even if the family were hopping mad - the fact is that a legally appointed POA has removed stuff under 'grey' circumstances. No doubt he'll claim parts were sold with the Owners consent as compensation to look after some vague 'things' or to settle unspecified debts.

If you want it, offer what it's worth 'as is' to the family.
Agreed. The potential buyer has absolutely no claim to bring any charges what so ever. The local law enforcement would not even talk to them. The first question would be "relation to the deceased owner", and "potential buyer" is not an option on their checklist.
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