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Motor Title
#2141003
04/04/08 10:25 PM
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Joined: Feb 2006
Posts: 17
jeff4328
OP
Green Horn
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OP
Green Horn
Joined: Feb 2006
Posts: 17 |
I bought a new 2004 boat in 2006 from Cabelas. My bank had a lot of trouble getting the titles. It was a long drawn out process. I paid it off before Christmas and waited for my titles. I got the trailer and boat but no motor. My bank looked into it and discovered they never received it either. The bank called the store and they weren't much help. They wrote TPWD and they told us that the motor was registered to someone in Austin. I beleive the boat was new but the motor had a few too many scratches and they passed it off as normal rash from setting on there lot and that they had brought it there from another store to sell. They went over break in and when I should change the oil the first time. It was discounted somewhat for being two years old but not enough for a used motor.
Any advice?
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Re: Motor Title
[Re: jeff4328]
#2141458
04/05/08 01:10 AM
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Joined: Jan 2004
Posts: 2,447
rb7764
Extreme Angler
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Extreme Angler
Joined: Jan 2004
Posts: 2,447 |
This is going to be interesting. I would think the bank owes you a clear title. Was TPWD any help? If the motor was previously titled, you may have to track down that person and hope they are willing to work with you, assuming you can find them.
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Re: Motor Title
[Re: rb7764]
#2141541
04/05/08 01:35 AM
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Joined: Dec 2003
Posts: 3,180
2-stroke
TFF Team Angler
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TFF Team Angler
Joined: Dec 2003
Posts: 3,180 |
cabelas not much help? lawyer time. not the banks responsibility and they don't have any standing.
good luck.
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Re: Motor Title
[Re: 2-stroke]
#2142207
04/05/08 10:21 AM
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Joined: May 2007
Posts: 463
Cast Net
Angler
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Angler
Joined: May 2007
Posts: 463 |
Once the lien is paid off. it is the lien holder's responsibility to deliver a free and clear title. They are the 'original' purchaser that extended you terms to be able have the boat without having cash. Their name is on the title while the loan is active. They then transfer ownership to you. That's why it takes two weeks or more to get your title after you pay the loan off. I disagree that the bank has all the responsibility to get you the title. Talk to the bank and then have a lawyer talk to the bank. The only way you could come back on Cabellas is if they sold the motor twice but even then it comes back to the bank's shoddy practices of not making sure they have all the documentation necessary to protect one of its customers.
As it stands now, you can not 'legally' sell the motor in TX.
Last edited by Cast Net; 04/05/08 10:28 AM.
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Re: Motor Title
[Re: Cast Net]
#2142501
04/05/08 01:09 PM
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Joined: May 2003
Posts: 12,334
PGR Mike
TFF Guru
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TFF Guru
Joined: May 2003
Posts: 12,334 |
Once the lien is paid off. it is the lien holder's responsibility to deliver a free and clear title. They are the 'original' purchaser that extended you terms to be able have the boat without having cash. Their name is on the title while the loan is active. They then transfer ownership to you. That's why it takes two weeks or more to get your title after you pay the loan off. I disagree that the bank has all the responsibility to get you the title. Talk to the bank and then have a lawyer talk to the bank. The only way you could come back on Cabellas is if they sold the motor twice but even then it comes back to the bank's shoddy practices of not making sure they have all the documentation necessary to protect one of its customers.
As it stands now, you can not 'legally' sell the motor in TX. 100% true! The bank is the one responsible for this. They should have secured the title in the beginning. Go to TPWS, and give them your serial #, and they will be able to look up the title history with that, and tell you who's name is on the title right now.
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Re: Motor Title
[Re: PGR Mike]
#2144442
04/06/08 11:56 AM
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Joined: Dec 2003
Posts: 3,180
2-stroke
TFF Team Angler
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TFF Team Angler
Joined: Dec 2003
Posts: 3,180 |
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Re: Motor Title
[Re: 2-stroke]
#2146414
04/07/08 02:11 AM
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Joined: Dec 2007
Posts: 123
2001 520VX
Outdoorsman
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Outdoorsman
Joined: Dec 2007
Posts: 123 |
You may have to have a TPWD agent personally inspect the motor to verify the number and sign off on a form - similar to a 68A form used in auto theft inspections through TXDOT on vehicles. I agree the bank would be responsible but on the other hand, Cabellas has a hand in all of this too. Retaining an attorney is not bad advice either. And, to throw another wrench in the works, vehicles are becoming "cloned" more each day - who's to say thats not happening on boat motors? If you have physical possession of the motor, how would it be registered to another motor / person elsewhere? This definately bears some serious looking into, and soon. Another option is, depending on where you live, seek out an auto theft task force [Dallas County S.O. OR tarrant County S.O. both have one], they may be able to assist you as well.
Last edited by 1986 Ranger; 04/07/08 02:15 AM.
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Re: Motor Title
[Re: 2001 520VX]
#2147444
04/07/08 01:46 PM
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Joined: May 2007
Posts: 463
Cast Net
Angler
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Angler
Joined: May 2007
Posts: 463 |
I understand what '86 Ranger is saying. I would just have heartburn with my bank if I was in this situation. I would go in to the bank and talk to a senior manager. I would tell them they owe me a title for this motor, they have 1 month to get it too me and after that they would be talking to a lawyer. I would leave it at that, let them sort this out with Cabella's. I have a feeling the more you get involved the more doors they can open and hang the problem/delays on you.
I think filing a complaint (stolen property) is a good one, but the flip side of the coin is that the motor may be considered evidence and seized during the investigation. I can't imagine police just taking the report, understanding the situation and allow you to retain possession of the motor. Just a thought.
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Re: Motor Title
[Re: Cast Net]
#2148351
04/07/08 05:55 PM
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Joined: Dec 2003
Posts: 3,180
2-stroke
TFF Team Angler
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TFF Team Angler
Joined: Dec 2003
Posts: 3,180 |
??? if the motor is stolen property and you're in possession of it.................
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Re: Motor Title
[Re: Markk]
#2148632
04/07/08 07:06 PM
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Joined: Oct 2006
Posts: 531
AggieDave
Pro Angler
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Pro Angler
Joined: Oct 2006
Posts: 531 |
first off...why
wow...you are in for MAJOR pain the A$$ here. you're going to have to go through TPWD to get the title. i can't remember the exact procedure, but you're going to have to prove that there is no way to get the previous owner to sign a title transfer document. you're probably going to have to send multiple certified letters to the previously registered owner, dance a jig, stand on your head, beg for mercy, close one eye, hold your mouth just right, hope the lady behind the counter is having a good day and hope for the best. a prostate exam is less painful than what you are about to have to go through...sorry
Fish tremble at the mere mention of my name!
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Re: Motor Title
[Re: AggieDave]
#2151657
04/08/08 04:15 PM
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Joined: Feb 2006
Posts: 17
jeff4328
OP
Green Horn
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OP
Green Horn
Joined: Feb 2006
Posts: 17 |
I have a very good relationship with my bank. The branch is in our office building right next to my office and is very convenient. I have known the lady in there for about 15 years and she has worked miracles for me on so many loans I can't even count. She worked very hard getting the titles from Cabelas that she just forgot that they didn't send her the motor title. I know that I can get a title it is just going to be a lot of hassle. I am most concerned that I paid for a new motor and got a used one. I do have paperwork from Cabelas with the serial number on it from when I purchased it. There should not be an issue of stolen property. I just will not be able to sell it until this matter is cleared up.
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Re: Motor Title
[Re: jeff4328]
#2152551
04/08/08 08:37 PM
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Joined: Dec 2007
Posts: 123
2001 520VX
Outdoorsman
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Outdoorsman
Joined: Dec 2007
Posts: 123 |
Your correct, can't sell w/o title. There are affidavits and forms that you'll have to file with TWPD, so Cast Net is right on target. Still, what a pain! 
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Re: Motor Title
[Re: jeff4328]
#2153264
04/08/08 11:33 PM
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Joined: May 2007
Posts: 463
Cast Net
Angler
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Angler
Joined: May 2007
Posts: 463 |
I have known the lady in there for about 15 years and she has worked miracles for me on so many loans I can't even count.
Don't allow you personal relationship interfere with a professional relationship. Separate her from the bank. Her job is to get loans approved. That's how her department contributes to the overall profit of the bank. She would work just as hard for me if I walked off the street the first time as for you. Don't fraternize with the help. As a customer, the bank did not service you needs in what I consider the worst way. If she as a hard worker as you describe, why is she not taking the initiative to get this cleared up or was she just more concerned about making the loan and then moving on to the next applicant. A good professional in the service industry will make you feel like you the most important person in the world, and after you leave the next one will feel the same way, and then the next one. At the end of the day, we all are just an account number and nothing more. She did nothing less or more than she was allowed by bank policy. She made you feel special, but in reality you're just another account number in an eight hour day. She worked very hard getting the titles from Cabelas that she just forgot that they didn't send her the motor title.
I disagree. She only got one title. There is registration but no title for the trailer. It's not hard work getting titles. Banks and dealers do it every business day as a matter of routine. Usually done by mail or minimum wage gophers. Sorry, I just don't see a legit reason to cut the bank a huss on this.
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Re: Motor Title
[Re: Cast Net]
#2153562
04/09/08 12:20 AM
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Joined: Feb 2006
Posts: 17
jeff4328
OP
Green Horn
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OP
Green Horn
Joined: Feb 2006
Posts: 17 |
I don't recall saying that she wasn't working very hard to clear this matter. I am on vacation and she has called me twice to tell me what the state and Cabelas are saying.
There is a title on the trailer. Even my low boy trailers have titles.
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Re: Motor Title
[Re: jeff4328]
#2154928
04/09/08 12:11 PM
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Joined: Aug 2007
Posts: 674
Domn8tor~202
Pro Angler
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Pro Angler
Joined: Aug 2007
Posts: 674 |
OK I just went through some "simple" Texas boat motor and vessel title stuff... Just call TPW and give serial on motor get the name of the owner who the title is in and then call and get him to sigh a form PWD314. Then you can go get the title in your name.
FROM there I would go back to Cabelas and find out what they are willing to do for selling you a USED motor as new..... That is BullCrap
. And I would demand some compensation
. They were definitely wrong
But first and foremost I would work to get paper work straight... blame all you want but do the foot work to get it corrected, no one will work as hard as you will to fix it......
I made about 6 phone calls to people in about an hour speaking very nice and slow and I got all worked out so when I went to TP&W it took 12 minutes.... I wrote down everyones name and kept notes as to who said what about what. I had to register an out of state boat, motor and trailer. From a state with no titles... from a dealer and had to get previous owner somewhat involved. It was simple... I think the key to my fast success and people working with me was talking very polite to these women in these offices.... A tad bit of kiss [censored] to these desk ladies goes along way.
Just my .02
  Disclaimer: I have no affiliation with anything or anyone on this board. I spend my free time here openly exchanging information and opinions based on the topics I or others choose to discuss.
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