How Do You Check For Liens in US?

[Tigebert]

We have made arrangements for the purchase of our new Tige from a private seller in California. He holds the title for boat and trailer and we are driving down to pick it up next weekend. My question is how do you check for liens against the boat/trailer in the US? Is that done through DMV or? Can anyone provide assistance?

Thanks all.

[wallacmc]

It likely depends on the state, as there is no standardized federal system for boat titles, registration, etc. Check into California's regs. Many times, if there is a lein put on the title as security for a loan, there will be a stamp or some kind of notification right there on the original title. However, check with the state or county clerk of courts as well to make sure that the person you are buying from doesn't have any certificates of judgment filed against them, as well that might be a result of law suit. Once again, depending on the state, personal property can be attached in law suits or be taken in collection as law suit damages.

[Tigebert]

It likely depends on the state, as there is no standardized federal system for boat titles, registration, etc. Check into California's regs. Many times, if there is a lein put on the title as security for a loan, there will be a stamp or some kind of notification right there on the original title. However, check with the state or county clerk of courts as well to make sure that the person you are buying from doesn't have any certificates of judgment filed against them, as well that might be a result of law suit. Once again, depending on the state, personal property can be attached in law suits or be taken in collection as law suit damages.

I called the county clerk of courts and they said to try the county recorder...tried them and they said theu only apply judgemnents against actual land property not things like cars boats etc. The seller is getting a divorce and holds the clear title in his name only. What he does with the cash would be bewteen him and his ex wouldn't it?

[talltigeguy]

I called the county clerk of courts and they said to try the county recorder...tried them and they said theu only apply judgemnents against actual land property not things like cars boats etc. The seller is getting a divorce and holds the clear title in his name only. What he does with the cash would be bewteen him and his ex wouldn't it?

I am no lawyer, but I have been roaming these boards for a few years now and have not heard of a buyer getting hurt in this scenario. It probably has happened somewhere, but I have not heard of it.

As long as the title is legit, and you get the title, I don't see how you could have a problem.

And also, I think trying to find a lein is next to impossible unless you knew who it was.

[jrj701]

When I bought my boat last year from a private party seller, I ended up calling the DMV to check for possible liens and they put me in touch with the office of the Attorney General of the state. I bought the boat in North Dakota, and the attorney General is who files liens in that state, although I'm sure different states do it different ways.

[embo]

If the title shows no liens on it and your communications with the owner are great and you aren't feeling like there is something to be worried about like he isn't telling the truth about something on the boat or anything else, then you are probably good to go. If the guy isn't being forward about everything you want to know about, I might put more time into researching the lien status a little more.

[jwanck11]

Liens and Divorce Laws are different by state.

I could tell you all you want to know about PA but it would probably not be proper advice.

I would think the State DMV and Boat Commission (if they are different) are good places to start.

[boatwakes]

On a California title (pink slip) there will be an area near the bottom on the front that has the heading "Lein Holder". If it says none or is blank, there are no leins on that title. In California, a pink slip is not given to the owner until they own the vehicle outright, so if he has it in hand, you're good to go.

[wallacmc]

Typically we think of leins as security for a loan used to purchase the boat. To restate more clearly my post from above, typically leins from secured loans that make the boat collateral are obvious on the actual title. However, the tricky thing would be if CA law allows anyone to place a lein on the boat for any other reason in any other way that may not reveal itself on the title document (since the actual title is likely held by the original and first leinholder). I think the best person to ask if you wanted to make doubly sure would be some sort of supervisor of the department or state agency that issues titles and documents leins on those titles (DMV?).

[Jetrey]

Don't know how to check, but boats are taxable property here in ca. Just like a house and it's annually. So if you don't pay the taxes I believe the state would lien the boat.

[Tanner]

In Oklahoma and in Texas, you can take the VIN/HID # to the tag agency and for $10 they'll give you a report of who's owned the boat, and any liens filed. It's actually kind of brought up security issues for some people. But that's how it is.

We don't have a true DMV. We do, but they mainly deal w/ the courts, driving records, license reinstatement, etc. All titles, liens, driving record reports etc. are handled through a separate individually owned entity, known as the tag agency. We even get our Driver's Licenses through the tag agency. Which I've always thought was funny that we let an independent have access to the DL database versus a govt. agency.

Once when we were kids, my buddy's dad owned a tag agency. We jacked the keys one night and went up there and made fake ID's for all our friends.

[Fast1911]

On a California title (pink slip) there will be an area near the bottom on the front that has the heading "Lein Holder". If it says none or is blank, there are no leins on that title. In California, a pink slip is not given to the owner until they own the vehicle outright, so if he has it in hand, you're good to go.

Same in Florida, if you have title in hand for vehicle or boat you are free and clear