METHOD OF ESTABLISHING TITLE/OWNERSHIP WITHOUT SIGNED TRANSFER
3.06.01 SUBJECT: Transfer by TWHBEA between persons to assist in establishing ownership records consistent with transfers and current to physical possession of a horse. This is to be considered a procedure of last resort, after other reasonable attempts have failed. TWHBEA will not act as a fact finder, and is non-party to any civil suit between persons to establish title or ownership.
- Present possessor (claimant) must have attempted contact with the last “owner of record” by letter to last known address and to address used on registration papers of the The letter must include notice to the last “owner ofrecord” of the ability to object to the transfer and a copy of this “method”.
- Present possessor (claimant) shall submit a notarized affidavit under penalty of perjury stating (A) that claimant cannot locate the owner of record to obtain papers, and/or cannot obtain signatures from the appropriate authorities or signatory; and (B) that the letter(s) described in Paragraph 1, above, were sent, specifying the date(s) sent, at least 30 days prior to submitting the affidavit.
- Present possessor must be a member of TWHBEA and must pay all (non-refundable) fees in advance, must indemnify TWHBEA in the affidavit they submit with the required fees and meet all the other conditions set forth in this rule or in addition to by the Association, to complete the process.
- Any completed request for transfer under this rule, must be added to the Executive Committee agenda for the next occurring meeting to establish that all conditions are met prior to transfer. A. Must Be The Horse – Possessor/Claimant must provide DNA/Blood Type proof of identity to validate the horse’s identity by certified records of a reputable service capable of this verification and/or by affidavit under penalty of perjury by a reputable service/provider.
B. Must Have TWHBEA Affidavit From Current Possessor
The affidavit of possessor (claimant) must include purchase date and pertinent details. The affidavit must satisfy the questions of from whom, where and when the horse(s) was purchased, bequeathed, given, rescued, traded, etc., and the general circumstances involved. Copies of all paperwork (cancelled checks included) utilized in the transaction must be submitted as attachments and must be consistent with the facts in the claimant’s affidavit.
C. Can Be No Objections From Previous Owner
If the last “owner of record” objects in writing to the transfer within 30 days of the letter(s) in Paragraph 1, above, having been sent, TWHBEA will not process the transfer absent court order or written agreement between the “owner of record” and the present possessor.
All fees must be paid in advance of action and are non-refundable.
- Approval of such registration under this part requires signature of the TWHBEA President and one other member of the Executive Committee, as officers of the All fees are non refundable in any and all events; and new papers will be issued to claimant (new “owner”) only after all the above conditions are met.
- Any complaint about a transfer of title so conducted must be channeled through the Executive Secretary of TWHBEA and then to the Enforcement Committee as a formal complaint and be accompanied by the appropriate fee. See Rule 03.
This notification is made for thirty (30) days prior to being placed in effect, January 13, 2018.