{"data":{"id":"us-ky/krs-376.272","jurisdiction":"us-ky","citation":"KRS 376.272","heading":"Marina may enforce lien on boat asserted pursuant to KRS 376.270 by","body":"civil action.\n(1) Any marina asserting a possessory lien pursuant to KRS 376.270 may enforce the\nlien by filing a civil action in the county in which the boat is located.\n(2) Prior to filing an action pursuant to subsection (1) of this section, the marina shall\nsend, by certified mail, return receipt requested, notice of intent to enforce the lien\nto:\n(a) All known owners at their last known address; and\n(b) All secured parties disce rnible through reasonable effort. For the purposes of\nthis paragraph, \"reasonable effort\" includes notice to any secured party that\nhas:\n1. Properly perfected its security interest in the boat by having its lien\nindicated on a certificate of title for the boat;\n2. Properly perfected its security interest through an unexpired sufficient\nfinancing statement filed in the jurisdiction of the boat owner's\nresidence, as that jurisdiction appears on the certificate of title, or\nequivalent document, for the boat; or\n3. Become a mortgagee of a federally documented vessel by recording a\nship mortgage on the vessel pursuant to Chapter 313 of Title 46 of the\nUnited States Code.\nIn addition to the notice required in this subsection, the marina shall advertise the\nnotice of intent to enforce the lien at least once per week for two (2) consecutive\nweeks pursuant to KRS Chapter 424.\n(3) Upon the marina properly sending notice of its intent to enforce its lien in\naccordance with subsection (2) of this section, a boat's owner  may not remove the\nboat from the marina without a court order.\n(4) The notice of intent to enforce the lien required by subsection (2) of this section\nshall include:\n(a) The name of the owner of the boat as indicated on the certificate of title,\ncertificate of registration, or certificate of documentation;\n(b) The owner's last known address;\n(c) The make, model, length, and hull identification number of the boat if visually\ndiscernable; and\n(d) A description of any attached outboard motor, including make, horsepower,\nand serial number if visually discernable.\n(5) Any secured party to whom notice was sent pursuant to subsection (2) of this\nsection shall be named as a party in any civil action file d to enforce a marina's lien\nunder KRS 376.270 and called upon to enter therein and set forth its claim or\ninterest in the boat that is subject to the action, and the secured party shall be served\nwith summons at its address as indicated on the certificate  of title, financing\nstatement, or ship mortgage through which its security interest was perfected.\n(6) Upon judgment being entered in favor of a marina pursuant to this section, and\nsubject to any restrictions of the United States Code, or any regulations  issued\npursuant thereto, regarding federally documented vessels, the court shall order the\nboat, or any part of the furniture and tackle as may be sufficient, to be sold for the\nsatisfaction of the judgment. The marina shall conduct the sale in conformity  with\nreasonable commercial practices among dealers in the type of boat being sold and in\naccordance with the court order. The sale shall be advertised in conformity with\nreasonable commercial practices among dealers for the type of boat being sold and,\nadditionally, shall be advertised at least ten (10) days prior to the sale pursuant to\nKRS Chapter 424.\n(7) The court shall authorize and direct the county clerk to issue a title to the purchaser\nof the boat at a sale authorized by and conducted in conforman ce with this section,\nand the purchaser shall take title to the boat free of any liens or encumbrances. Any\nliens or encumbrances attached to the boat shall attach to the proceeds of the sale in\nthe same order of priority that the liens and encumbrances at tach to the boat\npursuant to applicable law.","path":["KRS Chapter 376"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45347","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:08Z","sha256":"4c172ab52f3c246d502a6c8144e7bc48803c4ab3ae153efc1201210e41c74fdf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-376.270","next":"us-ky/krs-376.275"},"notice":"GroundRules: Original legal text. Not legal advice."}