(1)
What
is ownership in doubt? Ownership in doubt is when a vessel owner(s) is
unable to obtain satisfactory evidence of ownership or release of interest
described in WAC
308-93-460.
(2)
What options are available in an
ownership in doubt situation? When in an ownership in doubt situation,
the owner may:
(a) Apply for three-year
registration without title; or
(b)
Apply for a bonded title as described in vehicle law RCW 46.12.151;
or
(c) Petition any district or
superior court of any county of this state to receive a judgment. This is
required if ownership of the vessel is contested after the applicant makes
application for ownership in doubt and before the three-year ownership in doubt
period has lapsed.
(3)
What documents are required when applying for a bonded title or
three-year registration without title? Required documents when applying
for a bonded title or three-year registration include:
(a) The originals or copies of letters sent
by registered or certified mail to the registered and legal owners of record,
including the return receipt. The letters must include information regarding
the applicant's claim to the ownership and request for the released certificate
of ownership (title) or a notarized or certified release of interest.
(i) Registered and legal owner information
will be released under WAC
308-93-087 for applicants needing
that information.
(ii) If there is
no Washington record, (a) of this subsection does not apply.
(iii) If the owners of record do not respond
before submitting the application, the applicant must wait fifteen days from
acknowledged receipt of the letter.
(iv) If the letter is returned unclaimed, the
applicant must submit the letter, unopened, with the application.
(b) A bonded title or three-year
registration without title affidavit completed by the applicant and signed by
all persons to be shown as registered owner(s).
(c) Application for certificate of ownership
(title).
(d) A bond as described in
vehicle law RCW 46.12.151, if the applicant is applying for a bonded
title.
(e) Other documents that may
be required by law or rule.
(4)
How is a vessel value determined
for filing a bond? Vessel value may be determined from one of the
following sources:
(a) The department's
automated valuing system; or
(b) A
published appraisal guide; or
(c)
Appraisal from a licensed vessel dealer or appraisal company. The appraisal
must be on company letterhead and have the business card attached; or
(d) An appraisal from the department of
revenue; or
(e) Insured amount;
or
(f) Consideration or payment
plus estimated repairs by a bona fide repair facility; or
(g) Other valuing sources approved by the
department.
(5)
May I sell or release my interest in the vessel during the three-year
ownership without title period? Yes. A bonded certificate of ownership
may be released and provided to the buyer in the same way as any other
certificate of ownership. The Washington bonded title may not be accepted by
another state. If the other state has a similar program, they may issue their
own type of bonded certificate of ownership. For three-year registration
without title, provide the buyer with a notarized or certified release of
interest. The new owner may either provide a judgment from a district or
superior court of Washington or wait until the expiration of the time remaining
on the previous ownership in doubt period and then make application for the
certificate of ownership. If a notarized or certified release of interest
cannot be obtained from the current registered owner, the new owner must start
over with a new three-year bonded or three-year registration without title
process.
