Stus-List Federal v. State: both state title and CoD question

[Dreuge via CnC-List]

Hi,

I have both a state title and USCG certificate of documentation.  This is only 
because I registered the vessel with the state first, but if I documented 
first, I would not have a state title.

Let’s say I foolishly sign over my state title to one person while at the same 
time I sign over my USCG CoD to another person.  Who has legal rights to take 
the vessel.   I’m guessing the one with federal documentation, but I’m also 
thinking that the one who pays the state registration and taxes first may have 
an edge, at least with local authorities, at getting possession (which as the 
saying goes is 9/10 of the law). 


-
Paul E.
1981 C&C 38 Landfall 
S/V Johanna Rose
Fort Walton Beach, FL

http://svjohannarose.blogspot.com/

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Re: Stus-List Federal v. State: both state title and CoD question

[Joel Aronson via CnC-List]

Paul

Had a similar case.  State titled boat with a loan.  Boat was then
documented.  I (on behalf of a bankruptcy trustee) was able to avoid the
bank lien because there was no Preferred Ship's Mortgage recorded when the
boat was documented.

Joel


Virus-free.
www.avg.com

<#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>

On Thu, Feb 8, 2018 at 8:50 AM, Dreuge via CnC-List 
wrote:

> Hi,
>
> I have both a state title and USCG certificate of documentation.  This is
> only because I registered the vessel with the state first, but if I
> documented first, I would not have a state title.
>
> Let’s say I foolishly sign over my state title to one person while at the
> same time I sign over my USCG CoD to another person.  Who has legal rights
> to take the vessel.   I’m guessing the one with federal documentation, but
> I’m also thinking that the one who pays the state registration and taxes
> first may have an edge, at least with local authorities, at getting
> possession (which as the saying goes is 9/10 of the law).
>
>
> -
> Paul E.
> 1981 C&C 38 Landfall
> S/V Johanna Rose
> Fort Walton Beach, FL
>
> http://svjohannarose.blogspot.com/
>
>
> ___
>
> Thanks everyone for supporting this list with your contributions.  Each
> and every one is greatly appreciated.  If you want to support the list -
> use PayPal to send contribution --   https://www.paypal.me/stumurray
>
>
>


-- 
Joel
301 541 8551
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Re: Stus-List Federal v. State: both state title and CoD question

[Matthew L. Wolford via CnC-List]

Interesting question, but I’m not ready to go another round.

I’m surprised the Feds would have proceeded to document a boat that is State 
titled.  My guess is that the Federal statute says something about this (like 
State title being nullified upon issuance of federal documentation), but who 
knows.  Perhaps someone on this list does.

From: Dreuge via CnC-List 
Sent: Thursday, February 08, 2018 8:50 AM
To: cnc-list@cnc-list.com 
Cc: Dreuge 
Subject: Stus-List Federal v. State: both state title and CoD question

Hi, 

I have both a state title and USCG certificate of documentation.  This is only 
because I registered the vessel with the state first, but if I documented 
first, I would not have a state title.

Let’s say I foolishly sign over my state title to one person while at the same 
time I sign over my USCG CoD to another person.  Who has legal rights to take 
the vessel.   I’m guessing the one with federal documentation, but I’m also 
thinking that the one who pays the state registration and taxes first may have 
an edge, at least with local authorities, at getting possession (which as the 
saying goes is 9/10 of the law). 



-
Paul E.
1981 C&C 38 Landfall 
S/V Johanna Rose
Fort Walton Beach, FL

http://svjohannarose.blogspot.com/




___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray

___

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Re: Stus-List Federal v. State: both state title and CoD question

[Bill Bina - gmail via CnC-List]

The only answers that matter are here:

<http://www.dco.uscg.mil/Our-Organization/Deputy-for-Operations-Policy-and-Capabilities-DCO-D/National-Vessel-Documentation-Center/>

They even have phone support if you can't find the answer to a question 
somewhere on their very complete website, or need some help interpreting 
anything.


I think you surrender your state title when applying for documentation. 
Even if you didn't, I know for certain that the state title becomes null 
and void when a vessel is documented. The Federal Documentation "is" 
your title.


Bill Bina


On 2/8/2018 9:52 AM, Matthew L. Wolford via CnC-List wrote:

Interesting question, but I’m not ready to go another round.
I’m surprised the Feds would have proceeded to document a boat that is 
State titled.  My guess is that the Federal statute says something 
about this (like State title being nullified upon issuance of federal 
documentation), but who knows.  Perhaps someone on this list does.

*From:* Dreuge via CnC-List <mailto:cnc-list@cnc-list.com>
*Sent:* Thursday, February 08, 2018 8:50 AM
*To:* cnc-list@cnc-list.com <mailto:cnc-list@cnc-list.com>
*Cc:* Dreuge <mailto:dre...@gmail.com>
*Subject:* Stus-List Federal v. State: both state title and CoD question
Hi,
I have both a state title and USCG certificate of documentation.  This 
is only because I registered the vessel with the state first, but if I 
documented first, I would not have a state title.
Let’s say I foolishly sign over my state title to one person while at 
the same time I sign over my USCG CoD to another person.  Who has 
legal rights to take the vessel.   I’m guessing the one with federal 
documentation, but I’m also thinking that the one who pays the state 
registration and taxes first may have an edge, at least with local 
authorities, at getting possession (which as the saying goes is 9/10 
of the law).



-
Paul E.
1981 C&C 38 Landfall
S/V Johanna Rose
Fort Walton Beach, FL
http://svjohannarose.blogspot.com/



___

Thanks everyone for supporting this list with your contributions.  Each and 
every one is greatly appreciated.  If you want to support the list - use PayPal 
to send contribution --   https://www.paypal.me/stumurray