www.iFourWinns.com

millhaven_nice_guy: you said "the judge may lay blame on them" the buyer?????? Really?? It was not their responsibility to check that information. The dealer that was selling the boat holds all legal ownership and responsibility for the boat!!!! Don't be silly and claim that the prospective buyer has responsibility for that. ludicrous I tell ya.


Jim

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2011 H210 SS
MerCruiser 350 MPIC/Bravo I 300hp
"Crooked Wake"


Prior Boat
1999 Bayliner 1950 CL

Jim, you are relatively new the forum and you will soon realize that we respect each others opinion regardless (unless you make retard jokes and then guys like me who have a special needs daughter loses his cool and gets the thread locked). This is probably the most polite forum you will ever run accross. I agree with you though on who is to blame.

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Current Boat: 2000 Four Winns 298 Vista
Previous Boat: 2000 Carver 406MY

Well, I by no means am trying to be rude in any way what so ever. Im a very straight shooter type of individual and speak straight forward. Some people take my direct/frank way of speaking as being rude. Having said that, read one of the post by the originator and you will see where they say "they are starting to feel bad, as if they did something wrong". I simply feel terrible for these folks having to go through this. In my honest opinion I think what millhaven_nice_guy said was offering unrealistic insight to these folks and this can do nothing but exacerbate the situation. As for this being a friendly forum, I couldn't agree more!! I love this sight, and yes we are all here to help but, I think people should also be offering realistic advice or opinion based on experience or factual knowledge. Sorry for any misunderstanding.


Newbe Jim

_________________
2011 H210 SS
MerCruiser 350 MPIC/Bravo I 300hp
"Crooked Wake"


Prior Boat
1999 Bayliner 1950 CL

I am wondering what your current lender is saying. They are truly the ones who will stand to loose the most here. I assume they are holding the title to the boat and I am sure they are not going to give that up without a court order. I agree with Cap'n Morgan. Put that boat in a location known only to you. Do not give it up without a Court order.

I had to sue the Bank, Title Agency, Surveyor and the Realator/Owner of my current house for selling me a property that was known to be in a flood zone. Everyone had knowledge but me. I learned this when I tried to re-finance and a new bank found this information. I won and was able to get the mess straightened out but guess who made the most money? Not me. Got to love those attorney's.

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2003 268 Four Winns Vista
F-350 King Ranch Diesel (Tow)
1990 Four Winns Fredom 180

The best advice I can give you with only reading the first post so far is:
Possesion is 9 /10ths of the Law. Once they take it, your a sitting duck. Make them sue the dealer.
Better to have it tucked away, then to loose what you have in it. I don't think they can get you on
anything criminal, just keep it away.
The one with the boat, owns all the right to deal. With out it, there is no fight, just a loss.
After reading the thread, I will stand by what I said. I am Cap'n agrees with me.
The dealer is the one that should take the hit on this one. This is why it requires a state lic. and insurance to be a dealer. Your expectation when dealing with them, is that thing are free and clear.
I had this happen back in the 90's with a car dealer and a new corvette. I kept a hold of it, and the dealer had to write checks.
Just insane. Mine was a little different though. We traded a 6 month old Dodge 1 ton in on a 6 month old Corvette. They wrote us a check on the deal because in early 1996 people were paying thousand over book to get that truck and we had one in black.
Anyways, after one month, they could not get a title for it as they had lied to us and it was not local owned, it was a leased car from NJ. They had paper tied up against it from that bad deal. They had to write us a check and pay off the loan we had.
We came out around 8000 ahead that month and put thousand of miles on that little car..........................

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1992 Baja 38 Special Twin 502 Mags

03 Stingray 3.0
88 261 Liberator 460 King Cobras
95 Bayliner 1850 3.0
77 Fiber Form 20ft 350/385hp
70 Wescraft 1800 SS 455 Jet

Lead, Follow, or get the Hell out of the Way!

Well folks I'm starting to believe this issue will be settled without going to court. The Arizona investment firm that holds the lien on or boat had given the dealer until last Wednesday to settle or they were going to proceed with seizing the boat. The investment firm called me that day and said the dealer called to say that the dealers attorneys agreed that they made a mistake and further agreeing that the Arizona firm indeed has a valid lien on our boat. The dealer asked for another week (today) to further talk to their insurance company (CHUBB sp?) to see if they are covered in this instance. It's my understanding CHUBB is a large national firm dealing in errors and omissions insurance. There is a question because they are covered for selling and servicing boats and this has been deemed a finance issue.

Anyway, the dealer called today and said their insurance company will be dealing directly with the Arizona firm to reach a settlement. They further said a mistake was made and that it will be taken care of.

I like what I'm hearing thus far. No blame toward us and no talk of sharing settlement costs. But I won't relax until I receive a lien release for the simple fact that the dealer knew about this lien for a 1-1/2 years and did nothing but hide under their desk.

Again, I'm sharing this so hopefully anyone reading will ask if more than one lien exists on your next boat purchase. I won't want any of you folks have to go through this nightmare!

That does sound more encouraging. I'm hoping that the issue gets resolved without ANY legal or monetary hassles for you. In the end, you did nothing wrong, and should not have to suffer any loss.

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One of 4 Previous (Sold) Boats:
2000 Four Winns 268 Vista

Current Boat: 2004 Chaparral 235 ssi cuddy

Jeff,

Very glad to hear things seem to be moving in a positive direction for both you and your wife.


Mike.

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Current Boat
- 2001 Four Winns 328 Vista "Hour Decision"
- 2010 310 Mercury Inflatable

Previous Boats
- 30' Doral Prestancia
- 25' Doral Citation

Jeff,
I've been so busy this is the first time i've been on the forum in a few weeks. Suffice to say my jaw dropped when I started reading this thread, and relaxed a litte towards the end. Relieved to hear it seems to be moving along in a satisfactory manor. I can't imagine the stress you and your wife have been under though.

_________________
Michael Bova


"Swept Aweigh"
2003 Four Winns 328 Vista

Previous Boat
2003 Crownline 230CCR

Sounds as if it's finally settled. I received a call today from the dealers insurance company stating that they have reached a payment agreement with the Arizona investment firm that held the second undisclosed lien on our boat. They said we will be getting the perfection of lien documents in a week or two. What a burden that's been taken off our shoulders!

On one hand I thank Skipper Buds for admitting they made a mistake and settling this matter, which kept us from having to pursue this through the courts. On the other hand I'm disgusted with them because they didn't disclose their knowledge of the second unsatisfied lien to us for over a year after the purchase. They have disrupted our life these past number of weeks and not one person from Skipper Buds has called to say they are sorry. That bothers us the most and tells me a lot about this organization. Couple this episode with the horrible buying experience which I discussed on this forum and it's safe to say that we will never deal with them again.

Again I'd like to thank all of you that gave us your opinions and support which meant more to us than you may realize. May God bless each and every one of you! Sincerely, Jeff

Sounds like the dealer made out like a bandit on this deal. They underhandedly hid the second lien from their title company and then got the poor bastards to pay the second off. Good for you that they had the insurance. Bad for the dealer because I bet they were dropped like a rock by that insurance company. Thieves. Glad your boat is free and clear now.

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Current Boat: 2000 Four Winns 298 Vista
Previous Boat: 2000 Carver 406MY

Hi Jeff,

I have thought about your October 22 posting where you advised your were waiting for the "perfection of lean documents" and have wondered if everything has been resolved to your and your wife's satisfaction?

Mike

_________________

Current Boat
- 2001 Four Winns 328 Vista "Hour Decision"
- 2010 310 Mercury Inflatable

Previous Boats
- 30' Doral Prestancia
- 25' Doral Citation