Abandoned Catalina 27

CharlzO · Dec 5, 2015

I'd be sure that the marina isn't going to charge you thousands for the boat to recover their fees. Otherwise, sounds like a decent pickup, just needs some elbow grease.

Stu Jackson · Dec 5, 2015

http://forums.sailboatowners.com/index.php?threads/boat-inspection-trip-tips.102541/

From your initial report, it sounds pretty good, enough to warrant further investigation. Is it for sale, repo, back marina fees, what's the deal???

Joetech · Dec 5, 2015

I can't say what Texas laws are, but in Ohio our Yacht club had 3 abandoned boats we went after. 2 of the owners settled but the 3rd... We had to proven written notice after 6 months of non payment. Then present documentation to the State and were granted title to the boat. It then had to be auctioned off after public notice with the name of the own appearing in the ad. It then went to auction and the new owner got a great deal. We can go after the previous owner for the balance. But we did gain a new member who got a good deal and now has a very nice boat after cleaning it up and doing repairs.
We are a non profit so the rules are different. A for profit marina could do a mechanics lean, get it re-titled and sell it. As far as coming after you for past fees couldn't do it here. I don't know about TX but I doubt it. Get it in writing that you are not liable for previous owner's debt. Boat would be as is condition but it could be a great deal. Make sure you get a clean title.

Jackdaw · Dec 5, 2015

Its almost a certainty that after all the work is done to assure that they are allowed to sell it, your marina will hold a public auction after a public notice. They have no interest in giving you a great deal on an abandoned boat; they will want to get as much as their money back as they can; and that includes the work/time spent on clearing it for sale. My point is don't expect them to do an easy side-deal with you for the amount of back-fees due.

jrowan · Dec 5, 2015

I would make sure that you get a clean title or don't buy it. Without the title you don't legally own it, you can't resell it, or even insure it. I know because I bought a boat from the Deltaville Boat Museum as a donation boat many years ago. They lost the original title & I had to track down the previous owner & get them to sign a new bill of sale / donation form to prove it was valid, with a Notary witnessing the seller's signature, to get a new title here in Va. Doubt the pissed off previous owner is gonna wanna help you re-title their re-po boat.

Rick Webb · Dec 5, 2015

Work a deal with the owner (if he is even findable) and the marina. Work the marina to find out what they would accept to close the debt and if that cost is then worth putting into the boat as it sits offer to the owner that you will assume the debt in exchange for the boat. Less work for the marina and the owner gets the debt resolved and you get a boat.

JoeWhite · Dec 5, 2015

In my marina - repo-boats are auctioned off and the new owner must move the boat elsewhere. I do not understand that policy - but at this time the boat looks bad and they do not want it in this marina. See if that applies to your marina.

woodster · Dec 6, 2015

JoeWhite said:
In my marina - repo-boats are auctioned off and the new owner must move the boat elsewhere. I do not understand that policy - but at this time the boat looks bad and they do not want it in this marina. See if that applies to your marina.

that's because they have potential paying customers lined up to replace the the old non paying one and nutrition is always healthy and good business practice

SailormanDan · Dec 6, 2015

(The usual disclaimers apply here about me not being lawyer nor having a particular understanding of Texas law)

From my understanding of liens in real estate, which should be a similar legal concept, the title is held by the owner of the property (in this case the boat) and the lien is placed by someone who is owned money for "services rendered". When the original (previous) owner sells the boat, he is the one who owes the marina for back fees, regardless of who buys it. The problem is that the title won't be transferred to you by the state until the marina notifies the state that the lien has been satisfied, which will depend on the PO paying the marina whatever they are owed and then the marina will have to notify the state that the lien is satisfied, the state then sends you the title and it's finally your boat. Any fees or debts associated with the boat are not your responsibility, that's between the PO and the marina, so to protect you the state won't issue the title in your name until that all happens.

It's not an unworkable deal to make happen, you will just have to get everybody to talk to each other and probably have to schmooze folks and do some legwork to ensure both the PO and the marina will be happy. (At the marina where I boat my first, they were pretty "cranky" until I got the boat out of there) To protect yourself don't put any money into the boat until you have the title in hand and don't be surprised that you will need to move the boat, so plan on that too. You may need to put some money forward in good faith as a deposit on the boat, hopefully the PO isn't a jerk and makes you take him to court to get it back if the deal doesn't work out.

Balance the hassle of the legwork with the diamond in the ruff you may be getting and make your decision, that's why flippers always low-ball you, they can't make money otherwise unless they get the property cheap enough. [Sorry for the business law class. ;-)]

BTW my brother just retired to Georgetown, funny how the internet makes the world a smaller place.

Stu Jackson · Dec 6, 2015

JohnVTX said:
Folks, I am not looking for legal advice. I am looking for previous Cat 27 owners that know what to look for on the boat. I have the legal part covered. Thanks for any replies in this regard.

John, I asked the question to raise your awareness of "issues" that you might face, not knowing what the "deal" was, and obviously before your #9. You got a LOT of good advice. Then, and only then did you tell us what the deal was.

I answered your question of what to look for in my reply #3. Did you read the link?

In addition:

The Catalina 27 has an active owners association, most likely International Catalina 27/270 Association. Do some homework and research on it. There are known deficiencies that have been addressed so you don't have to reinvent the wheel and you'll know what to look for when physically looking at the boats.

Stu Jackson · Dec 6, 2015

The C27 links says: Membership in the discussion forum is free but regulated. What's keeping you from asking there? I'll bet they'd give a ton of links for starters.

CharlzO · Dec 6, 2015

Not really the legal aspects from what I was thinking, but more if the back fees they're looking to recover are cheap enough to justify the purchase. Not knowing what the rates are, I can't guess, but up here, two years of fees would easily approach $3000 or more, which makes it questionable to me if it's worth taking on.

druid · Jan 1, 2016

The Venerable Catalina 27 is a good workhorse: sails well, is roomy for a 27, and of course has LOADS of support. I originally was looking for one when I downsized from my Cat 36, but I found they don't age well. Lots of little problems like delamination, cracks in the hull, plumbing problems, wiring problems, etc. If you're either willing to put in the time to fix these things or live with them (most won't stop you from sailing!), it would be a great deal.

druid