Nevada Administrative Code
Chapter 488 - Watercraft
CERTIFICATES OF OWNERSHIP
Section 488.322 - Transfer of certificate of ownership of vessel that is subject of lien for storage
Universal Citation: NV Admin Code 488.322
Current through September 16, 2024
1. In addition to any other applicable requirements relating to the transfer of a certificate of ownership of a vessel set forth in this chapter and chapter 488 of NRS, to transfer a certificate of ownership of a vessel that is the subject of a lien pursuant to NRS 108.473 to 108.4783, inclusive, relating to the storage of vessels, a transferee of a certificate of ownership of the vessel must provide:
(a)
Proof of any lien satisfied from known persons holding a security interest in
the vessel, and evidence satisfactory to the Department of a valid release of
all claims to the vessel from all owners and legal owners of the vessel in the
form of a title to the vessel that has been signed over, a notarized affidavit
that the title to the vessel was lost or a legal document which indicates that
the lien has been discharged or released.
(b) If a valid release of a lien is not
available because of:
(1) A failure to make a
claim after lawful demand and notice or dissolution of a secured party:
(I) A complete and notarized affidavit that
states that all requirements contained in
NRS 108.473 to
108.4783,
inclusive, have been satisfied;
(II) A description of the vessel that
includes the identification number and hull number, if known;
(III) Evidence, if any, of the status of all
claims attached to the vessel; and
(IV) A notarized copy of the affidavit of
publication for the sale or auction of the vessel; or
(2) A failure to notify all persons holding
an interest in the vessel, a notarized affidavit stating that all reasonable
attempts were made, including notification to the registered owner, legal owner
and any other known person who may have an interest in the vessel and setting
forth the reasons why those attempts were unsuccessful. For the purposes of
this subparagraph, a "reasonable attempt" includes, without limitation, mailing
a notice of sale to the main office of the successors to the business that
originally held the lien and was subsequently relocated or reorganized, if
known.
(c) A copy of the
notice of sale sent by certified mail , with return receipt requested, to the
holders of the secured interest in the vessel and , if the notice of sale was:
(1) Delivered, a copy of the notice of sale
and certified return receipt.
(2)
Returned undelivered in the envelope, unopened if possible, with a copy of the
notice of sale and documentation of attempted postal delivery.
(d) Evidence of the affidavit of
publication that the sale took place at least 22 days after the date of the
first advertisement.
(e) If the
occupant of the storage unit is not the registered owner or legal owner of the
vessel, evidence that separate notices were sent to the registered owner and
the legal owner of the vessel and to the occupant of the storage
unit.
(f) A notarized affidavit
attesting that a notice of auction was posted, including the dates when and
locations where the notice was posted.
(g) If required pursuant to NAC
488.320:
(1) Proof of an inspection of the vessel
conducted by an employee of the Department or a person designated by the
Department when the vessel was transferred or sold; or
(2) An opportunity for an employee of the
Department or a person designated by the Department to inspect the
vessel.
2. As used in this section, "transferee" means the lien claimant or a new buyer of the vessel that is subject to NRS 108.473 to 108.4783, inclusive.
Added to NAC by Bd. of Wildlife Comm'rs by R116-00, eff. 3-29-2001; A by R015-16A, eff. 9/9/2016
NRS 488.045, 501.181
Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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