376.272 Marina may enforce lien on boat asserted pursuant to KRS 376.270 by
635 words·~3 min read·
/ky/376-272A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
civil action.
(1)Any marina asserting a possessory lien pursuant to KRS 376.270 may enforce the
lien by filing a civil action in the county in which the boat is located.
(2)Prior to filing an action pursuant to subsection
(1)of this section, the marina shall
send, by certified mail, return receipt requested, notice of intent to enforce the lien
to:
(a)All known owners at their last known address; and
(b)All secured parties discernible through reasonable effort. For the purposes of
this paragraph, "reasonable effort" includes notice to any secured party that
has:
1. Properly perfected its security interest in the boat by having its lien
indicated on a certificate of title for the boat;
2. Properly perfected its security interest through an unexpired sufficient
financing statement filed in the jurisdiction of the boat owner's
residence, as that jurisdiction appears on the certificate of title, or
equivalent document, for the boat; or
3. Become a mortgagee of a federally documented vessel by recording a
ship mortgage on the vessel pursuant to Chapter 313 of Title 46 of the
United States Code.
In addition to the notice required in this subsection, the marina shall advertise the
notice of intent to enforce the lien at least once per week for two
(2)consecutive
weeks pursuant to KRS Chapter 424.
(3)Upon the marina properly sending notice of its intent to enforce its lien in
accordance with subsection
(2)of this section, a boat's owner may not remove the
boat from the marina without a court order.
(4)The notice of intent to enforce the lien required by subsection
(2)of this section
shall include:
(a)The name of the owner of the boat as indicated on the certificate of title,
certificate of registration, or certificate of documentation;
(b)The owner's last known address;
(c)The make, model, length, and hull identification number of the boat if visually
discernable; and
(d)A description of any attached outboard motor, including make, horsepower,
and serial number if visually discernable.
(5)Any secured party to whom notice was sent pursuant to subsection
(2)of this
section shall be named as a party in any civil action filed to enforce a marina's lien
under KRS 376.270 and called upon to enter therein and set forth its claim or
interest in the boat that is subject to the action, and the secured party shall be served
with summons at its address as indicated on the certificate of title, financing
statement, or ship mortgage through which its security interest was perfected.
(6)Upon judgment being entered in favor of a marina pursuant to this section, and
subject to any restrictions of the United States Code, or any regulations issued
pursuant thereto, regarding federally documented vessels, the court shall order the
boat, or any part of the furniture and tackle as may be sufficient, to be sold for the
satisfaction of the judgment. The marina shall conduct the sale in conformity with
reasonable commercial practices among dealers in the type of boat being sold and in
accordance with the court order. The sale shall be advertised in conformity with
reasonable commercial practices among dealers for the type of boat being sold and,
additionally, shall be advertised at least ten
(10)days prior to the sale pursuant to
KRS Chapter 424.
(7)The court shall authorize and direct the county clerk to issue a title to the purchaser
of the boat at a sale authorized by and conducted in conformance with this section,
and the purchaser shall take title to the boat free of any liens or encumbrances. Any
liens or encumbrances attached to the boat shall attach to the proceeds of the sale in
the same order of priority that the liens and encumbrances attach to the boat
pursuant to applicable law.