When Bad Things Happen To Good Aircraft Buyers: Recognizing And Avoiding Aircraft Title Problems

Written by Greg Reigel

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Seller Is Unable To Convey Clear Title. In this situation,repparttar bill of sale may be valid and convey title torepparttar 119233 aircraft torepparttar 119234 aircraft buyer, but that aircraft may be subject torepparttar 119235 interests of some other third-party. Such prior interests can include judgment liens, tax liens, mechanic’s liens and various other liens and security interests. These prior interests would likely be recorded beforerepparttar 119236 buyer’s bill of sale. It is also possible, in some limited circumstances, to have an unrecorded, possessory lien against an aircraft. (Unrecorded, possessory liens make a strong case against purchasing an aircraft sight unseen without confirmingrepparttar 119237 location ofrepparttar 119238 aircraft and lack of claims byrepparttar 119239 party in possession if other thanrepparttar 119240 aircraft seller).

What To Do? With such potential problems lurking inrepparttar 119241 shadows, what can/should an aircraft buyer do? Well, one answer is to hire an aviation attorney to assist you withrepparttar 119242 transaction. An aviation attorney will be familiar withrepparttar 119243 filing and recording requirements ofrepparttar 119244 FAA and will make sure thatrepparttar 119245 bill of sale and aircraft registration application are completed accurately, properly and filed in a timely manner. An aviation attorney will also be able to perform due diligence on your behalf including a title search and name searches forrepparttar 119246 seller to discover any judgments, liens, bankruptcies or security interests. He or she can also help you resolve any title defects that may be discovered during due diligence.

An aviation attorney may further help you obtain an affidavit fromrepparttar 119247 seller affirmatively stating thatrepparttar 119248 seller is not aware of any judgments, liens or encumbrances affectingrepparttar 119249 title torepparttar 119250 aircraft. This may assist you in pursuing or asserting a fraud claim againstrepparttar 119251 seller if a title issue arises which you can showrepparttar 119252 seller was aware of whenrepparttar 119253 affidavit was signed.

Another way to protect yourself is to buy title insurance for your aircraft. The aircraft title insurer will ensure your documentation is accurate and filed in a timely manner and it will also performrepparttar 119254 same types of title and name searches an aviation attorney would perform on your behalf. However,repparttar 119255 title insurer may or may not be able to assist you in resolving any title defects and won’t be able to provide you with any legal advice regardingrepparttar 119256 purchase transaction.

The bottom line is that you as an aircraft buyer need to proceed with caution and perform due diligence when purchasing an aircraft. Although this may seem like added cost inrepparttar 119257 short term, inrepparttar 119258 long run these steps can save yourepparttar 119259 large expense, and possible loss of your aircraft, that can result from title defects or third-party claims against your aircraft.

As always, fly safe and, when you are purchasing an aircraft, buy smart.

Greg is an aviation attorney and holds a commercial pilot certificate with instrument rating. His handles aviation litigation, including insurance matters and creditor’s rights, FAA certificate actions and aviation related transactional matters. He can be reached via e-mail at greigel@aerolegalservices.com or check out his website at www.aerolegalservices.com.

Justice will prevail!

Written by Terry L. Dashner

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What I believe.

I believe in God, country, and family. Each is sacred. Each must be preserved at all costs. To announce that God is dead is to killrepparttar soul. To say that our country is misguided is to cop out. To destroyrepparttar 119232 family is to weaken society beyond repair. I believe in Godrepparttar 119233 Father, Jesus Christ His only begotten Son, and His Holy Spirit. I believe that America will live or die by its relationship torepparttar 119234 Father in Heaven above. Spiritual awakening is imperative. I believerepparttar 119235 restoration ofrepparttar 119236 family unit through faith in Jesus Christ can change every institution in this great land—the first beingrepparttar 119237 local church body of Jesus Christ.

I believe in law and God’s order…The condemned must accept their fate and lay down their life for their victim’s sake. Young or old, men and women must continue to lay down their lives forrepparttar 119238 good of community (law enforcement, fire fighters, first responders, etc.), state (National Guard), and nation (military and public service). This isrepparttar 119239 way of civilization. This isrepparttar 119240 American way—to seek out honor at all costs, even if it cost my life.


Keeprepparttar 119241 faith. Justice will prevail!

writes American history articles that showcase our Christian heritage (918-451-0270).

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