State Codes and Statutes

Statutes > Nebraska > Chapter37 > 37-1283

37-1283. New certificate; when issued; proofrequired; processing of application.(1) In the event ofthe transfer of ownership of a motorboat by operation of law as upon inheritance,devise, or bequest, order in bankruptcy, insolvency, replevin, or executionsale, (2) whenever a motorboat is sold to satisfy storage or repair charges,or (3) whenever repossession is had upon default in performance of the termsof a chattel mortgage, trust receipt, conditional sales contract, or otherlike agreement, the county clerk or designated county official of the countyin which the last certificate of title to the motorboat was issued or theDepartment of Motor Vehicles if the last certificate of title was issued bythe department, upon the surrender of the prior certificate of title or themanufacturer's or importer's certificate, or when that is not possible, uponpresentation of satisfactory proof of ownership and right of possession tothe motorboat, and upon payment of the fee prescribed in section 37-1287 andthe presentation of an application for certificate of title, may issue tothe applicant a certificate of title thereto. If the prior certificate oftitle issued for the motorboat provided for joint ownership with right ofsurvivorship, a new certificate of title shall be issued to a subsequent purchaserupon the assignment of the prior certificate of title by the surviving ownerand presentation of satisfactory proof of death of the deceased owner. Onlyan affidavit by the person or agent of the person to whom possession of themotorboat has so passed, setting forth facts entitling him or her to suchpossession and ownership, together with a copy of the journal entry, courtorder, or instrument upon which such claim of possession and ownership isfounded shall be considered satisfactory proof of ownership and right of possession,except that if the applicant cannot produce such proof of ownership, he orshe may submit to the department such evidence as he or she may have and thedepartment may thereupon, if it finds the evidence sufficient, issue the certificateof title or authorize the county clerk or designated county official to issuea certificate of title, as the case may be. If from the records in the officeof the county clerk, the designated county official, or the department thereappear to be any liens on the motorboat, the certificate of title shall comply with section 37-1282 regarding theliens unless the application is accompanied by proper evidence of their satisfactionor extinction. SourceLaws 1994, LB 123, § 11; Laws 1996, LB 464, § 19; Laws 2009, LB202, § 7. Cross ReferencesCertificate of title, negligent execution by government employee, see sections 13-910 and 81-8,219.