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An old boat and motor and a old van (that won't start) were…

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An old boat and...

An old boat and motor and a old van (that won't start) were abandoned when my renter left and left me with a big mess. How do I get rid of the van and boat with no titles??

Lawyer's Assistant: What state is this in? And how old is the boat?

Ohio...I have no idea how old the boat is..it looks old and has been sitting in the back yard for a least a year. I tried getting them to get rid of it but of course they didn't respond. I live in Ohio...the renter was an 80 somethings man and his wife...the boat and van belonged to a relative I think.

Lawyer's Assistant: Has anything been filed or reported?

No...who do I report to?

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
1/2/2018
Lawyer: Edward Young,
 replied 6 months ago
Edward Young
Category: Legal
Satisfied Customers: 522
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
ok thank you
Customer reply replied 6 months ago
Waiting for a response or email me at***@******.***
Lawyer: Edward Young,
 replied 6 months ago

For the car:

To obtain a certificate of title for an unclaimed motor vehicle, the following conditions must be met:

  • Motor vehicle value must be less than $3,500. Towing and storage fees are not included in the calculation of the vehicle value. However, if applicable, the new two deductions are subtracted from vehicle value to determine the amount paid to the clerk of Courts.
  • The motor vehicle must be unclaimed for 15 days or more following the completion of requested repairs or the agreed term of storage.
  • A search of Ohio Bureau of Motor Vehicles (BMV) records must be performed by submitting a BMV Record Request (form BMV 1173) http://publicsafety.ohio.gov/links/bmv1173.pdf.
  • Notification to the last known address of any owner and any lienholder must be sent by certified mail with the request of a return receipt.
  • After receiving the signed receipt from the certified mail or notification the delivery was not possible, if the motor vehicle remains unclaimed by any owner or lienholder within 15 days of the mailing of the notice, the lienholder’s lien is invalid and you may file an Unclaimed Motor Vehicle Affidavit (form BMV 4202) to obtain the certificate of title.

If you just want to get rid of the van, contact salvage companies in your area to have them tow it. They will explain what documents they need to tow it. Usually it involves obtaining a salvage certificate from the BMV. You can find more information at the following link:

http://publicsafety.ohio.gov/links/bmv6341.pdf

For the boat:

If the watercraft or outboard motor is valued at less than $10,000 and has been left for six months without permission on property you own, you may sell the watercraft or motor at public auction and recover your maintenance or repair charges, including parts and labor charges and dockage or storage charges.

Following are the steps you MUST take:

  1. Apply for a title search of the watercraft/motor.The property owner must apply for a title search on the watercraft/motor at the Division of Watercraft to find out the name and address of its owner and to search for any lien or mortgage.
    HOW TO APPLY FOR A TITLE SEARCH: Title searches cost $2 for each watercraft or outboard motor. If the watercraft has an inboard motor, it is only $2. If the watercraft has an outboard motor, both the watercraft and the outboard motor should be searched ($4). If it is just an outboard motor, the cost is $2. Along with your check made payable to Division of Watercraft, send in all the information you can about the watercraft/motor: Make, model, serial number, and OH numbers if you have them. Include your name, mailing address, and phone number so we can contact you. Send the information to ATTN: TITLE SEARCH, ODNR Division of Watercraft,***** Building A-1, Columbus, OH###-##-####
    We'll send you back a copy of the actual law pertaining to abandoned property, an affidavit you will need later on, and any information we find out about the watercraft/motor. You may request a list of licensed watercraft dealers or contact a marine surveyor in your area.
  2. Send notice via certified mail (return receipt requested) to the watercraft/motor owner and any lien holder or mortgagee.

    Upon receiving the results of the title search, you must send a notice to remove the watercraft/motor to the watercraft owner's last known address.

    If there is a lienholder or mortgagee, you must send notice to them about where the watercraft/motor is located and any maintenance or repair charges due, including parts, labor, dockage or storage charges. If the lienholder or mortgagee doesn't claim the watercraft/motor within 45 days, the lien or mortgage is invalid. The lienholder/mortgagee may still claim funds from the auction sale of the watercraft/motor. ORC 4585.33.
  3. If the watercraft/motor is still unredeemed 45 days after return receipts are recovered, request to have the watercraft/motor appraised.
    You need to get written confirmation on the fair market value of the watercraft/motor. (It must be less than $10,000.) Along with the title search results, we will send you a list of licensed watercraft dealers or marine surveyors/appraisers in your area.
  4. Advertise the public auction.
    The advertisement of sale must be published once a week for two consecutive weeks in the auction section of a newspaper of general circulation in the county where the watercraft/motor has been left. The advertisement must include a description of the watercraft/motor, name of the owner, and the date, time, and place of sale.
  5. Sale goes to highest bidder.
    You must provide a reasonable time prior to the sale for prospective purchasers to examine the watercraft/motor. You may bid at the sale.
  6. Immediately after the sale, you must file an affidavit.
    The affidavit that we sent you with the title search results must be completed in triplicate. It should state that
    1. the requirements of ORC 4585.31 have been met;
    2. what length of time the watercraft/motor was left on your property without permission (as of the auction sale date);
    3. Expenses you incurred in connection with the watercraft/motor (cost of sale, maintenance or repair charges, cost of parts or labor, dockage or storage fees); and
    4. the name and address of the purchaser of the watercraft/motor at the auction, and the bid amount.
  7. When you get paid from the sale, you must give to the purchaser:
    1. the affidavit in triplicate;
    2. written confirmation of the value of the watercraft/motor;
    3. and the certified mail return receipts.
  8. The purchaser can then get a title to the watercraft/motor. The purchaser must present the documentation received at the sale (affidavit in triplicate, appraisal, and return receipts) to the Clerk of Courts in the county where the sale was held and pay the titling fee to receive the certificate of title. The Clerk of Courts keeps one copy of the affidavit, forwards one copy to the Division of Watercraft, and forwards one copy to the County Treasurer.
    The purchaser is free of any rights of the owner, lienholder, or mortgagee, even if you as the property owner have not complied with ORC 4585.31 through 4585.34.
    You as property owner are liable for damages caused by failure to comply with ORC 4585.31 through 4585.34.
  9. When you get paid from the sale, you must send money not owed to you, to the County Treasurer.
    The County Treasurer deposits any money from the sale into the county treasury. You should send the treasurer the amount received from the purchaser LESS any expenses you incurred (the amount you listed on the affidavit).If an owner, lienholder, or mortgagee did not assert claim to the watercraft/motor after receiving the certified mail, they have one year to assert claim to the amount after it is deposited in the county treasury. If no one asserts claim to the funds, after one year, the funds should be transferred to the general county fund by the county auditor.
    I hope this helps.
  10. Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.
Ask Your Own Legal Question
Lawyer: Edward Young,
 replied 6 months ago

Please go ahead and rate me. I get no credit for my work unless you do.

Ask Your Own Legal Question
Lawyer: Edward Young,
 replied 6 months ago

Do you have another question for me? If not, please rate me. That is the only way that I get credit for the work that I have done for you.

Thanks

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