Nevada Administrative Code › Chapter 488 - Watercraft › CERTIFICATES OF OWNERSHIP › Section 488.324 - Transfer of certificate of ownership of vessel that is subject of lien for wages due, work performed or services rendered

Current through June 11, 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 or chapter 488 of NRS, to
			 transfer a certificate of ownership of a vessel that is the subject of a lien
			 pursuant to
			 NRS
			 108.670 to
			 108.760,
			 inclusive, relating to 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 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
			 108.670 to
			 108.760,
			 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 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
			 holder of the secured interest , 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 for the sale that took place at least 22 days after the date of the
			 first advertisement.
(e) 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.