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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 36413
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I boat a boat and trailer that the seller had me do a stop

Customer Question

I boat a boat and trailer that the seller had me do a stop check because her soon to be ex-husband ran up a line of credit. Now she wants a cashiers check with her name only and not her and the lean holders(bank). I have the original bill of sale, possession of the boat and trailer & a letter from her lawyer asking me to go forward. Should I? Am I legally ok? My pause for concern is the fact she is not willing to show intent to pay the lean holder to insure I get the title?
Submitted: 8 months ago.
Category: Legal
Expert:  LawTalk replied 8 months ago.

Good evening David,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I've been a litigation attorney for more than 3 decades.

Until the lienholder is paid in full you will have a lien on your boat. Under no circumstance should you agree to give her a cashier's check payable to only her, and NOT to the lienholder as well.

You already have a contract and she originally agreed to take payment to her and the lienholder and you are not contractually obligated to change the payment---and you would be foolish to do so under the circumstances. What the lawyer is asking you to do is only to benefit their client---and they may be getting some of that money as well. The attorney cannot force you to omit the lienholder from the payment. Quite simply, don't do it. You could easily find that the boat is repossessed if and when the lienholder is not paid in full.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 8 months ago.

Good evening David,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 8 months ago.

Hi,

Is there anything else I can assist you with?

Doug

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