Abandon Boat in Marina in Florida

[Wotname]

Originally Posted by Ann T. Cate

Not so useless, Wottie, it's more 'baccy for Rocketman's pipe.

Ann

Yeah well, I (we?) can thank Boatie for knowing this stuff

[Dockhead]

Originally Posted by rwidman

Think about that statement. Read it aloud to yourself. Now think some more.

I'm trying to help here but you're not letting me.

You have a legal issue regarding a boat. You need a lawyer who is familiar with maritime law. The expense is part of running a business just like having a dock repaired or having the showers cleaned.

Or I could give you some typical Internet advice to untie it in the middle of the night and let it drift away. Which would you choose?

This is good advice from RWidman!

It's a legal situation which has come up in the course of running your business, and requires a legal solution. Written advice from a licensed lawyer with knowledge of this speciality will cost you a couple of grand, and worth every penny of it, because if you make a mistake here, the consequences will be much greater than that. The qualified lawyer may also give you information you need (who is the legal owner of the boat?) to reach an amicable settlement with the owner, always the best and cheapest way to solve any legal problem, whenever it's possible.

Or a professional lien guy who is willing to give you assurances that you will not be exposed to liability for what he does.

Either way, don't stop here. You've gotten lots of good advice and useful information, but the time has come for professional help.

[GordMay]

See
F. Provisions Governing Non-Judicial Sale of Vessels
➥ Marine Warranty Law - FL

Excerpt:

These provisions apply to a non-judicial sale of a vessel which has been held for unpaid costs, storage charges, dockage fees, or for failure to pay removal costs pursuant to §327.53, Fla. Stat. 328.17 The vessel should be disposed of pursuant to these provisions:
http://www.leg.state.fl.us/Statutes/...s/0328.17.html

Conditions for a marina to satisfy a possessory lien:
(1) The marina shall provide written notice to the vessel's owner, delivered in person or by certified mail to the owner's last known address. The notice shall also be conspicuously posted at the marina and on the vessel.

(2) In addition to notice provided to the vessel owner under subparagraph 1, the marina shall provide written notice to each person or entity that:

1. Holds a security interest on the vessel as shown in the records of the Department of Highway Safety and Motor Vehicles with respect to state- titled vessels.
2. Holds a preferred ship mortgage or has filed a claim of lien with the United States Coast Guard Vessel Documentation Center.
3. Holds a security interest against the vessel under the Uniform Commercial Code.
4. Has perfected a lien against the subject vessel by filing a judgment lien certificate pursuant to §§ 55.201-55.209.

(3) The requirements of subparagraph (2) above shall be satisfied if the marina:
1. Obtains ownership documentation for the vessel and trailer, if applicable, from the Department of Highway Safety and Motor Vehicles or other agency with which the vessel is registered;
2. Obtains an abstract from the United States Coast Guard for a vessel that is documented as defined in 46 U.S.C. s. 30101;
3. Performs a current Uniform Commercial Code lien search;
4. Performs a current Florida judgment lien certificate search; and
5. Complies with this subparagraph with regard to vessels registered in a foreign country or in a state other than Florida.

[rwidman]

Originally Posted by Rocketman

I do get your point, and up until now, during the 15 year history of our marina, we have not had a maritime issue that we have had to deal with.

I have resorted to google to try to find a maritime lawyer, I have called at least 5, non of which could help me. They mainly deal with maritime slip and falls. You would think that in Florida they wouldn't be hard to find. If you know of one, please pass along the contact information.

I would have expected your marina's lawyer to either seek advice from another lawyer or refer you to one who could handle your case. I was once involved in a legal matter and our lawyer wasn't sure on a certain point so she consulted with another lawyer in her practice.

It can't be that complicated, someone didn't pay their bills at my marina so the marina seized the boat and sold it. The dockmaster bought it for his own personal use.

[Rocketman]

First off, I would like to thank everyone who has posted, expecially the ones with some legal background. I have read every post and a lot of you have given me enough information to feel comfortable with a path to get this resolved.

Second, I am going to give out the Name of the person that I believe owns the boat, in hopes that someone in this audience may know this person and be able to contact them and let them know what is going on. My first hope is that he will come and get his boat and do something with it himself. If you know Steve Scoggin, please let him know that he will loose his boat if he doesn't contact me with a plan to remove his boat. If you know Steve, but don't have his phone number please privite message me and I will give you his phone number that I have. Also, please let him know that I will not charge him for past dock fee's if he contacts me with such a plan within the next week.

Third and finally I will be following statute 328.17, working with my lawyer and or a maritime lawyer to take possition and then title to the boat. This statute, I believe spells out the clearest and most direct path to get rid of the boat. This process will take at least 60 days and probably cost the marina around $1000.00 in legal fee's. The slip fee's are adding up at a rate of $442/mo. So at the end of the 60 days from now the total bill for everything, I would expect to be around $2600.00. If the marina takes title to the boat, we will try to sell it for what ever someone will pay. If it sells for more than what is owed, we will make attempts to give the owner the balance. If we can not sell the boat or give it away, we will pay to have it destroyed.

[Nobody]

if you really don't want the boat there empty out the boat of everything tow it out to deep water and accidently open a sea cock
if the crewmember shows up claiming the owner wants his boat back
tell him the owner already came and sailed away

[CSY Man]

. If we can not sell the boat or give it away, we will pay to have it destroyed.

With hull, mast and rigging in serviceable shape, you should get a least $5k for the boat.
Take 20 pics and post an ad on eBay, somebody will take it off your hands.
Been there done that with abandoned boats from Marinas, salvaged vessels and tired old boats owners wanted to ditch.

[Rocketman]

Anyone wishing to own this boat can contact me on my cell phone (913)707-6990. I will give you Steve's phone number and perhaps you can make a deal with him to own the boat.

I would think that if he has indead walked away from the boat, that he would welcome a low ball offer. At least he may be able to get something for it. If someone is able to buy the boat from the owner, I would forgive the dock fee's just the same as I would for Steve as long as the boat leaves the marina within the week or pays dockfees after the week is up.

I believe that his phone number still works, as when I call it, it seems operational, he just won't answer my calls or messages but if he thinks that someone will take care of his boat issues and possibly get something for it, he may be more reseptive.

[CSY Man]

Don't give in, charge full price for dockage, then double it for extra work and responsibility involved for an abandoned boat.
I had a dock tenant who decided he was not going to pay rent anymore.
Called him up and informed him I would start removing expensive parts to sell on eBay to cover rent.
Next day there was a FedEx envelope at my door with a check.

[zboss]

Originally Posted by Rocketman

Anyone wishing to own this boat can contact me on my cell phone (913)707-6990. I will give you Steve's phone number and perhaps you can make a deal with him to own the boat.

I would think that if he has indead walked away from the boat, that he would welcome a low ball offer. At least he may be able to get something for it. If someone is able to buy the boat from the owner, I would forgive the dock fee's just the same as I would for Steve as long as the boat leaves the marina within the week or pays dockfees after the week is up.

I believe that his phone number still works, as when I call it, it seems operational, he just won't answer my calls or messages but if he thinks that someone will take care of his boat issues and possibly get something for it, he may be more reseptive.

Did "Steve" happen to leave the engine/companionway keys on the boat?

[Rocketman]

Originally Posted by zboss

Did "Steve" happen to leave the engine/companionway keys on the boat?

It is unlocked.

[JPA Cate]

Originally Posted by Rocketman

It is unlocked.

Yes, and no mainsail cover on it, either.

Ann

[zboss]

This is completely insane. Why would you walk away from a perfectly saleable asset you did not want unless you had more money than Bill Gates?

All they would have had to do is call a broker.

[Nobody]

good point why would he just leave it there
it still is worth something
has anyone checked to see if it is stolen

[Island Time O25]

Originally Posted by Nobody

good point why would he just leave it there
it still is worth something
has anyone checked to see if it is stolen

Or it was used to bring something or someone under the radar and has outlived it's utility to the "owner". Especially considering he was not the registered owner and that "bill of sale" may have been a ruse to ward off the authorities or to explain the lack of proper paperwork.