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

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 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.