Question about a repossession

[zboss]

Originally Posted by jeepbluetj

In the BVI? (with emphasis on the B)

I don't know anything at all about any of this. Hence my curiosity of 'federal agents' doing something in the BVI. "Federal" leads me to think US, not British.

Having the boat US documented (as opposed to state registered) does indeed help with a lien, as I think (not know, but think) a lien must be registered with the USCG.

I know for a fact (know some of them) that the US Agents operate with BVI authorities on a great number of things in BVI territory; they have very good cooperation and a good relationship. The BVI is no place to run from US law.

[GoingWalkabout]

Originally Posted by koawm

Thanks for all the replies. Very interesting responses and I appreciate them. I purposely left the post vague to get a 'shotgun' view of scenarios.

First off it was the USVI not BVI.

Thanks for posting the misinformation about the location of the seizure. Also thanks for calling it a repossession when in fact it was a seizure. Big difference.

You admitted that you knew you had posted misleading information but continued to follow the thread without correcting the information. You do realize I hope that you did wast a lot of well intentioned peoples time. Not a very nice thing to do in my opinion.



I will post for the benefit of others the posting internet information posted by the boat owner who lost his boat himself.

Day after Thanksgiving....... on what is now in my mind, rightly called.... BLACK FRIDAY..... five fereral agents boarded my boat and told ME AND MY CREW AND MY TWO CATS we had an hour to get off......
BECAUSE the heirs of the women I bought from in 2003...thinks that after 11 years that they can get more out of my vessel the "TREAZZURE"
WITHOUT ANY NOTIFICATION AND WITH WHAT APPEARS TO ME BLATANT MANIPULATION OF THE LEGAL SYSTEM..... THEY HAVE STOLEN MY HOME, MY BUSINESS, AND ALL MY POSSESSIONS.
"SV TREAZZURE" HAS BEEN REGISTERED LEGALLY IN MY NAME , IN OUR HOME TERRITORY , US VIRGIN ISLANDS SINCE 2007.
Please help me RAISE MONEY TO LEGALLY DEFEND THIS TRAVESTY ... I need first a maritime attorney to defend and get back my life, my home, my boat SV TREAZZURE!
Treazzure is arrested now at American Yacht Harbour and I am being denied access to my possesions....my tools....my photos....everything I have ever owned.....
HOW CAN THIS HAPPEN IN AMERICA!!!
PLEASE HELP ME TO FIGHT THIS INJUSTICE

[GoingWalkabout]

The following is a posting I made on the seized boat owners website where he is asking for donations.

I read your posting with interest and of course alarm and concern for you. I would like to offer some advise for what it is worth.

You not only need a lawyer who is well versed in maritime law but also understands United States probate law.

The impounding of your private belongings, tools etc would fall under wrongful search and "seizure". The seizure of your private belongings is against Federal law and an obvious violation of your constitutional rights. It also looks like the person who sold you the boat did so without legal authority. Therefore a potential fraud has taken place.

You should be the one threatening dire legal consequences. You of course have every right to sue for the return in full of the money you paid for the boat along with the money you have invested in the boat. Since it was also a place of business for you you should also sue for loss of business following the seizure.

How good is your lawyer? Did he/she bring these points up with you?

What state probate court is involved?

Counter sue immediately and put a lien on the boat. And commence a civil fraud case against the seller.

Also look at the documents of service the Federal Agents served on you to see if they are truly valid. It wouldn't be the first time a fault is found in the service documents.

Get a good accountant to calculate and document the value of the additions you have put on the boat and as I said earlier run a running calculation of the loss in dollar terms of your business income.

Make your claim immediately so they are on notice that the meter is running and this is going to be very expensive.

Am I right to understand that the seller of the boat to you was an heir and he/she sold it without proper authority to make the sale? If this is the case I would think that your legal actions should be directed towards that person.

Does the state of the probate court have a statute of limitations on such claims?

These are just some of my initial observations and thoughts.

Good luck and I would suggest that if your lawyer hasn't covered most of what I have raised with you then you should be looking for another lawyer.

Don't let the lawyer drag this out. If he/she isn't counter suing immediately I would be asking why.

This kind of dispute if not handled properly could drag on for years between unscrupulous lawyers who see this as a fee gold mine for themselves. Beware and be as careful with your won lawyers as those of the other side.

Best of luck.

[koawm]

I have a life outside my computer. I made the correction ASAP. I also thought seizure was a form of repossession. But thanks for making me feel and sound like an a-hole when they were just honest mistakes. I thank everyone else for being helpful.

[GoingWalkabout]

Originally Posted by koawm

I have a life outside my computer. I made the correction ASAP. I also thought seizure was a form of repossession. But thanks for making me feel and sound like an a-hole when there were just honest mistakes. I thank everyone else for being helpful.

You said you realised the information wasn't correct but you kept following the thread without making a correction because you wanted a shotgun approach to get a lot of different answers. By your own admission you did NOT correct the misinformation immediately.

[koawm]

I'm not going to say anything more after this. I said nothing of the kind. When I got home I read through all the responses then made my post. The moderators didn't post it immediately, probably to view the link first, then they posted it. Stop flaming me. You are not the forum/grammar police.

[GoingWalkabout]

Originally Posted by koawm

I'm not going to say anything more after this. I said nothing of the kind. When I got home I read through all the responses then made my post. The moderators didn't post it immediately, probably to view the link first, then they posted it. Stop flaming me. You are not the forum/grammar police.

I'm not flaming and I have nothing further to say to you in order to play nice .

[h20man]

Looking at USCG documentation for vessel id # 604619
Results in a boat called TREAZZURE that has been titled to a revocable trust since 1987. The trust on the surface does not appear to have anything to do with the person mentioned in the gofund me page:

Ship Builder: TACHIAO BROS YACHT BLDRS Year Built: 1974

Length (ft.): 53.6
Hailing Port: ST THOMAS VI Hull Depth (ft.): 6.5
Hull Breadth (ft.): 15.1
Gross Tonnage: 26
Net Tonnage: 23

this appears to be the same boat that is listed for sale as a 54' Ta Chiao CT-54 ESTATE SALE . (same year and photos and parameters as USCG listing). The vessel parameters ARE different from what is quoted on the charter web site, although the photos appear to be similar to the charter business that is referenced to in the gofoundme page.

So what is the deal? Did someone buy it and not get the titling done properly?

This whole situation is sorely lacking in information.

The gofundme page has been Created November 30, 2014.

It appears that the case is described in this series of filings:
Virgin Islands District Court, Case No. 3:14-cv-00096

Most certainly a puzzle, and my heart goes out to the boat, and the two conflicting parties that think they rightful owners.

[koawm]

Wow that's some great information. Bookmaking resources now

[GoingWalkabout]

Originally Posted by h20man

Looking at USCG documentation for vessel id # 604619
Results in a boat called TREAZZURE that has been titled to a revocable trust since 1987. The trust on the surface does not appear to have anything to do with the person mentioned in the gofund me page:

Ship Builder: TACHIAO BROS YACHT BLDRS Year Built: 1974

Length (ft.): 53.6
Hailing Port: ST THOMAS VI Hull Depth (ft.): 6.5
Hull Breadth (ft.): 15.1
Gross Tonnage: 26
Net Tonnage: 23

this appears to be the same boat that is listed for sale as a 54' Ta Chiao CT-54 ESTATE SALE . (same year and photos and parameters as USCG listing). The vessel parameters ARE different from what is quoted on the charter web site, although the photos appear to be similar to the charter business that is referenced to in the gofoundme page.

So what is the deal? Did someone buy it and not get the titling done properly?

This whole situation is sorely lacking in information.

The gofundme page has been Created November 30, 2014.

It appears that the case is described in this series of filings:
Virgin Islands District Court, Case No. 3:14-cv-00096

Most certainly a puzzle, and my heart goes out to the boat, and the two conflicting parties that think they rightful owners.

Thanks Hh20man. Good research. The plot thickens. So we have a boat that was never registered by the USCG as being owned by Joe Alvarez the charter boat operator. All along it remained on the USCG register as being registered to the Trust not Joe Alvarez or any entity connected to him.

I also looked at his charter company site and he refers to the boat being 60' but in the USCG records it is in fact only 53.6'. You may think I am nit picking but I find that as being somewhat dishonest. Selling charters on a boat that is not the size you are advertising. Perhaps his method of measuring was different to that used for USCG registration. Who knows. Perhaps he didn't know the real measurement of the boat since he didn't view the ownership documents which would have included the USCG docs when he bought the boat. It all sounds so fishy. And as I said the plot thickens.

I'm kind of tempted to call the boat seller and ask them for their side of the story.

[koawm]

Originally Posted by GoingWalkabout

I also looked at his charter company site and he refers to the boat being 60' but in the USCG records it is in fact only 53.6'. You may think I am nit picking but I find that as being somewhat dishonest.

I thought of that too but I think the addition of the bowsprit might have something to do with it. Still seems like there might be a bit of rounding up.

[GoingWalkabout]

Originally Posted by koawm

I thought of that too but I think the addition of the bowsprit might have something to do with it. Still seems like there might be a bit of rounding up.

Yes. rounding up. :big grin: I am always suspicious of someone who rounds up on somethings that they don't round up on others.

[h20man]

Originally Posted by GoingWalkabout

Thanks Hh20man. Good research. The plot thickens. So we have a boat that was never registered by the USCG as being owned by Joe Alvarez the charter boat operator. All along it remained on the USCG register as being registered to the Trust not Joe Alvarez or any entity connected to him.

I also looked at his charter company site and he refers to the boat being 60' but in the USCG records it is in fact only 53.6'. You may think I am nit picking but I find that as being somewhat dishonest. Selling charters on a boat that is not the size you are advertising. Perhaps his method of measuring was different to that used for USCG registration. Who knows. Perhaps he didn't know the real measurement of the boat since he didn't view the ownership documents which would have included the USCG docs when he bought the boat. It all sounds so fishy. And as I said the plot thickens.

I'm kind of tempted to call the boat seller and ask them for their side of the story.

Interestingly, the sales info appears to be correct...

And as people say... there are lies, damn lies, statistics... and marketing statements....

[Cadence]

It appears to have been a case of heir's property. If it is legit. I feel sorry for him. If not I might try donate to me.