NAC488.324. Transfer of certificate of ownership of vessel that is subject of lien for wages due, work performed or services rendered.

     1. In addition to any other applicable requirements relating to the transfer of a certificate of ownership of a vessel set forth in this chapter or chapter 488 of NRS, to transfer a certificate of ownership of a vessel that is the subject of a lien pursuant to NRS 108.670 to 108.760, inclusive, relating to vessels, a transferee of a certificate of ownership of the vessel must provide:

     (a) Proof of any lien satisfied from known persons holding a security interest in the vessel, and evidence satisfactory to the Department of a valid release of all claims to the vessel from all owners and legal owners of the vessel in the form of a title to the vessel that has been signed over, a notarized affidavit that the title to the vessel was lost or a legal document which indicates that the lien has been discharged or released.

     (b) If a valid release is not available because of:

          (1) A failure to make a claim after lawful demand and notice or dissolution of a secured party:

               (I) A complete and notarized affidavit that states that all requirements contained in NRS 108.670 to 108.760, inclusive, have been satisfied;

               (II) A description of the vessel that includes the boat number and hull identification number, if known;

               (III) Evidence, if any, of the status of all claims attached to the vessel; and

               (IV) A notarized copy of the affidavit of publication for the sale or auction of the vessel; or

          (2) A failure to notify all persons holding an interest in the vessel, a notarized affidavit stating that all reasonable attempts were made, including notification to the registered owner, legal owner and any other known person who may have an interest in the vessel and setting forth the reasons why those attempts were unsuccessful. For the purposes of this paragraph, a “reasonable attempt” includes, without limitation, mailing a certified letter to the main office of successors to the business that originally held the lien and was subsequently relocated or reorganized, if known.

     (c) A copy of the notice of sale sent by certified mail to the holder of the secured interest and if the certified letter was:

          (1) Delivered, a copy of the letter and certified return receipt.

          (2) Returned undelivered in the envelope, unopened if possible, with a copy of the certified letter and documentation of attempted postal delivery.

     (d) Evidence of the affidavit of publication for the sale that took place at least 22 days after the date of the first advertisement.

     2. As used in this section, “transferee” means the lien claimant or a new buyer of the vessel that is subject to NRS 108.670 to 108.760, inclusive.

     (Added to NAC by Bd. of Wildlife Comm’rs by R116-00, eff. 3-29-2001)