Aircraft sales are sometimes complicated by unreleased liens, legal claims on an aircraft for money owed, frequently for maintenance done on the aircraft.
FAR 49.17(d)(5) states that once a debt has been satisfied, the lien holder shall complete AC Form 8050-41, Part II — Release, and return the form to:
FAA Aircraft Registry Department of Transportation Post Office Box 25504 Oklahoma City, Oklahoma 73125
Quite often, banks or other institutions not knowledgeable in aviation will fail to notify the FAA once a debt is satisfied.
The FAA will clear a lien with only one of the following:
If an "unreleased lien" is reported that the buyer or seller believes was previously satisfied, the aircraft owner may request that the lien holder complete another AC Form 8050-41 or send a letter to the FAA Aircraft Registry that includes:
If the lien holder cannot be found, as in the case of a company going out of business or a mechanic moving his shop, and an extensive search is unsuccessful, a court judgment can be requested to "nullify" the lien. Because this process is dependent upon state law, AOPA suggests consulting with an attorney.
In most cases, the search for the lien holder needs to be documented. Suggested search methods:
Depending upon state law, if a judgment is granted, it only releases the aircraft as collateral; the lien holder may still seek payment from the debtor.
The AOPA Title Service vendor, AIC Title: 800/711-0087, provides a clearance-of-lien service that may be simpler than doing the above work yourself.. Price will be quoted starting at $500. You may also be able to purchase title insurance to cover contingences around some lien clearance situations. Ask AIC Title.
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