ABANDONED VESSEL LAW
Preliminary Analysis
Provided by MA Marine Trades Association
Abandoned Vessel Working Group
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PLEASE NOTE: The Abandoned Vessel Law Working
Group has created a preliminary analysis for you to use
as a guideline for the vessel removal process.
PLEASE NOTE: This analysis cannot substitute for
legal advice in individual situations. If you have
outstanding concerns, be sure to consult your own
counsel to discuss the specific facts of your situation.
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The Abandoned Vessel Law
Chapter 23 of the Acts and Resolves of 2008, amending
primarily Chapter 255 of the Massachusetts General Laws
Effective May 6, 2008
Streamlines process of removing abandoned vessels from
your property by allowing the avoidance of court proceedings
If needed, court proceedings remain an option under the new
law (may now utilize District or Superior Court)
Getting Started
Certified Mail Notice: Send to any owner of record, at the last
known address, of the 1) amount of the lien and 2) proposed
disposition or sale of the vessel.
Any Owner of Record: Any and all record owners and lien
holders, even if any share common names or addresses. Send
separate notices to each owner of record.
No Known Owner(s) of Record: May suggest theft. Contact
Chief David Barber (617.626.1611) or Captain George
Agganis (617.626.1663) at the Office of Marine Titling for a
vessel inspection prior to disposition.
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How Do I Go About This?
Lien Holders: Contact the Massachusetts Boat Registration
office and, if needed, the National Vessel Documentation
Center for lien holder names and last known addresses.
Lien holders are vessel “owners” requiring notice.
Last Known Address: The official, of-record address with
either the state or the Coast Guard, even if this address is
different from the one in your own facility records.
Tip: To be safe, send Certified Mail notices to all possible
addresses you learn of, even if you are sending several
copies to the same person.
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State Registered/Titled Vessel
vs.
Documented Vessel
State Registered/Titled Vessel: There is no need to contact the Coast
Guard for “last known address”.
Documented Vessel: If there are no known registration numbers, it
is wise to contact the Coast Guard; if the vessel is indeed a
Documented Vessel, it is necessary to contact the Coast Guard.
Tip: Prior to sending any notice you should be aware of whether the
vessel is State Registered/Titled or a Documented Vessel.
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Notice
Notice: Considered satisfied per MA Marine Titling Division once
certified mail is sent, not necessarily received per relevant case law.
What to Include: 1) Amount of lien and 2) proposed disposition
or sale. “Disposition” can mean to the nearest landfill; “sale” can
mean private sale, public auction, or intent to retain the vessel.
Tip: If you are specific in the owners’ notice of exactly how, when
and where you will dispose of or sell the vessel, you must stick to
this detail or send another notice.
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Federally Documented Vessels
Federal Maritime Law: trumps state law, but if there are no federal
issues, state law prevails (46 CFR 67.91).
Abstract of Title: Determines if there is any mortgage or lien holder.
Preferred Ships Mortgage/Recent Liens: federal law applies.
No lien holders/lien holders 6+ years old: state law applies.
Tip: If the AV is documented, it’s best to secure title before disposal
but if it has sat for 10 years with no signs of ownership and state
law has been complied with, you probably would not face fallout from
failing to take the next step. No guarantees though! It’s a
business decision.
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Insuring Proper Notice
Newspaper Notice: post legal notice of the lien and proposed
disposition for 3 consecutive days in a newspaper of general
circulation in the city or town of any and all owners of
record’s last known address.
Note: No need to publish notice in every local paper in their
location – just one paper of general circulation in their
location will do for each owner.
Statewide Papers: The Boston Globe and Boston Herald will be
considered “newspapers of general circulation” for all
Massachusetts cities and towns (but they charge more than
local papers).
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Insuring Proper & Moving Forward
90 Day Rule: Must be satisfied to move forward. 90 days must
pass from the last posting of the legal notice AND you must
not have received a reply “indicating an ability to satisfy the
debt” within 90 days of the posted notice.
Owner Reply: If an owner (lien holder or owner of record) does
reply within 90 days asking for more time to pay, you might
consider giving him a chance to meet a proposed payment
schedule and documenting the promise, rather than
continuing right away with the abandoned title procedure.
Any potential legal objections in the future are more likely to
conclude in your favor if you do have to proceed for nonpayment even after a promise to pay.
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Have You Satisfied All Three Criteria?
1. Certified Mail Notice: Sent to any and all owners of record,
at the last known address of a) lien amount and b)
proposed disposition or sale;
2. Newspaper Notice: Posted for 3 consecutive days in a
newspaper of general circulation in the city or town of any
owners of record’s last known address indicating the lien
and proposed vessel disposition; and
3. 90 Day Rule: At least 90 days have passed from the last
posting of the legal notice AND no indication has been
received indicating an ability to satisfy the debt within 90
days of the posted notice.
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After Three Criteria Satisfied
Notarized Affidavit: Required to secure an Abandoned Title
Document (see below). It must indicate 1) the 3 criteria above are
satisfied; 2) include copies or originals of all related documents, and
3) be filed with the Marine Titling Division.
Tip: Note “Attention Chief Barber” on your cover letter and keep
your affidavit lean by listing the statute requirements, attesting each
one is met, and attaching the required documentation.
Abandoned Title Document: Secured following satisfaction of the 3
criteria and the affidavit process. Title is “presumed abandoned”
and a document will be issued to you.
Tip: Keep evidence that you advised any subsequent purchaser about
the history of the vessel.
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FYIs
Proceeds of Sale: in excess of any liens must be held by the MA
Department of Conservation & Recreation in the name of
the former owner of record for 2 years, after which time the
funds are available to the agency for removing from public
waterways vessels presumed abandoned.
Make check out to:
Commonwealth of MA,
Department of Conservation & Recreation
Mark the check:
Abandoned Vessel
Send the check to:
Stephen Scapicchio, Revenue Director
Department of Conservation and Recreation
251 Causeway Street, Suit 600
Boston, MA 02114-2104
tel: 617/626-1322
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FYIs Continued . . .
Court Options: The new AV law gives the lien holder more
options. The lien holder may proceed through District Court
or Superior Court if desired.
Vessel Viewings: Get a signed Liability Release before
anyone boards the vessel.
Lien Holder Disputes: Seek counsel and avoid navigating the
new AV law as your means of allowing you to dispose of or
sell the vessel.
Auction or As Is Sale: Include express disclaimers and
disclosures.
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