Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
First, if he hasn't titled the boat in his name, then he is not the owner of record. To get you loan paid back and put a lien on the boat, you would have to sue him in court, obtain a judgment and then find assets. If the boat is not in his name it is not an asset you can lien with your judgment. You could garnish wages or bank accounts if he has any once you have the judgment.
If the dealer is still listed as the owner, you could notify them that title has not transfered and let them know they are in a precarious position if something should happen on the boat, maybe they will force him to title it properly. If it is titled in a friend's name, there is not much you can do to attach a lien to the boat.
Child support enforcement can do the same thing.
Thank you so much for your answer. My understanding from him is that he has not titled it in his name because he didn't want his creditors to be able to go after the boat. He recently was worried because the boat was not insured, because it isn't titled. It is contradictory to what the Boat Broker told me - he said that the boat was paid for in full and that the title was signed off on and that there was temporary insurance in place when he picked up the boat. It looks like his child support and our loan will never be repaid. He recently sold his home on a short sale through (which we were told was being foreclosed on - so no one put a lien on it). By some miracle, there weren't any liens agaist the house (not sure how this worked since he hasn't paid his property taxes). - He intentionally kept this under wraps so that I didn't know about it and his X didn't know about it as to not risk that we would place a lien on the house. I fear that he will do the same with the boat - he will not title it in his name and then conduct a transaction without us knowing about it until it is too late. I can just hope that he will take care of his kids should he do this.
Again, thank you for taking the time to answer me.
You know......I was thinking, what if the boat is titled in his name and he is just telling you that so you won't put a lien on it? You said you knew it wasn't in his name, but it has to be titled to someone! If the dealer said he paid for it in full, and the title was transfered then it is probably in his name.
You will first have to receive a judgment, but once you do you can request a Judgment Debtor hearing where he has to show up and give the court a detailed inventory of all his assets. At that time if he tries to conceal the boat it could be a fraudulent transaction to hide assets.
Just a thought.....
If he was ordered to pay, she could file a Motion for Contempt with the court regarding the property tax lien. She should also send a copy of the judgment to the property tax assessor, althought it probably won't do much good. She should file the motion at least, he shouldn't just be getting away with it.