I'm DPOA for my father (age upper 70s, slipping rapidly)
He paid for a boat in 2015 (despite my advice not to), bill of sale went to me because I was able to insure it much cheaper than he would have and I registered it in my name.
He was member of a marina where he rented a slip and a yard space for this boat. He only used it a few times, and then about 2017 he cancelled his slip, and then stopped paying membership/yard rental. Since then the boat has sat in the marina yard.
18 months ago I foresee a problem coming with him not paying membership/yard rental and I don't want any part of it, so he "buys" the boat from me. I send the bill of sale to the county tax collector, but he never registers the boat.
He says he keeps getting bills for membership and yard space, but ignores them. Says they sometimes come registered mail. Adamantly says he never got a notice of service for anything.
Eventually he asks me to sell the boat. I list the boat, meet buyer at the marina, collect the cash and sign the bill of sale for dad as his DPOA, later give money to dad, done deal. I message a person on the BOD for the marina and tell them the boat is sold and therefore it should be out of their way soon (unless they can recruit a new member!). He says wait...your dad owes $1500 in back fees, and they won't let the boat leave. I tell them that's between them and dad, but probably not legal for them to keep the new owner from picking up his new boat.
Three days ago I mail the bill of sale to the county tax collector so they know not to bill dad for more taxes.
Today new owner goes to get boat. Marina managers have put a chain/lock around boat. They meet the new owner and tell him they have a lien against the boat. They show him something on their smart-phone, but he can't tell what it is. He then calls me. I tell him that IF there is indeed a lien against the boat that I will make him right (I will pay off the lien), but he wasn't given any documentation. I doubt there is an actual lien on the boat, and if they filed for one then I suspect they filed it after I told them that the boat was sold.
Occurred in Kansas (yes, Kansas has some nice lakes).
I know Kansas has Mechanics Liens, and from my google-research it looks like anyone can fill out the form for a mechanics lien and send it to the district court (District Court 27 in this case if it matters), but they have to serve the debtor via registered mail before it is a valid lien. Dad is adamant he never received such a notice (he is slipping, but I don't think he is slipping that much).
I called the person at the marina today but no answer.
Questions for the experts:
1) What is my liability for selling a boat as a DPOA that may have had a lien against it? If it does have a lien I was unaware of it (I did know my dad owed the marina some money, but didn't/don't know how much). While we don't have Warren Buffet's pockets, we have an umbrella policy for a reason, and want to ensure our liability is as low as possible.
2). Is there another type of lien that could have been filed? Dr. Google tells me that Kansas allows for liens on boats/etc for arrears for support enforcement, but I don't see any other type of lien specified in the laws. I assume one could get a lien on just about anything to enforce a judgement, but there clearly hasn't been any previous judgement here.
3). What would happen if they filed a mechanics lien AFTER being notified that the boat was sold? I think it would be easily provable since the bill of sale was not only dated 6 days ago (Saturday), but I mailed the bill of sale to the county tax collector on 3 days ago (Tuesday).
4). Anything ELSE I should worry about?
My PLAN was to get the boat out of the marina yard so they don't have to deal with it (abandoned boats are a huge problem for this marina) and then offer them some cash money in exchange for cancelling his debt. But the way they have handled this has kind of irritated me so I am open to rethinking that strategy.
Thank you, in advance, for any advice given.