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I found a buyer for my airplane. However, they found a lien on the airplane in Texas which I didn't know about. The lien was issued shortly after my registration was issued. My registration was issued on 3-9-2006 (2 months after I bought the plane) and then the lien was issued on 3/27/2006 in Texas. I find that very strange considering the last owner had the plane for years.

The other issue is that apparantly the aircraft has no airworthiness certificate. It was revoked for some reason on 7/15/1987. I have an airworthiness certificate with a date of issue 3/15/1978. Additionally, the FAA issued my registration on 3-9-2006, which would be a strange thing to do on an aircraft with a revoked airworthiness certificate.

The aircraft is N64838 and the serial is 152-81444. Can anyone give me some advice about this. I'm kinda upset because this was all news to me and I guess I've been flying an unairworthy aircraft for almost 2 years.

First, join AOPA if you haven't already. Sign up for their legal services @ $30/yr + member dues.

I think the FAA issuing a registration has nothing to do with airworthiness. This issue should be pursued vigilantly to reissue a certificate.

Who issued a lien and for what purpose? Did you have a title search done before buying the aircraft? Was it clear? Did you perform all due dilligence prior to purchase?

If so, I don't think anyone has the right to issue a lien to a new owner. If they have a lien to issue, it should be to other property owned by the previous owner unless, perhaps, it was filed and approved prior to sale.

Find the seller and confront him with these issues.

Strange, but you are right. The registration info says the airworthiness is "unknown". Bummer.

[quote=Chris_Ferraro My registration was issued on 3-9-2006 (2 months after I bought the plane) and then the lien was issued on 3/27/2006 in Texas. [/quote]

A mechanics lien, perhaps, for unpaid hangar rent or maintenance of some type. Unusual, though, that the lien holder has not contacted you for payment.

I don't think the previous owner knew about this lien. I believe it should have been issued to the owner before him because they are located near the lienholder. I had a title search done and it did not show this lien. I am an AOPA member and have the legal services plan. I didn't think about calling them, but I will do that tomorrow. Thanks for the suggestion.

There is a gap in the log books from 1984-1991. The last entry in 1984 refers to the engine being removed and being replaced with a used engine. The next entry is from 1991 and refers to the aircraft being disassembled and stored. Then in 1994, it is painted and has an extensive log entry with lots of new parts, a new engine, new avionics, new instruments, new cables, etc.

I could not find any NTSB reports involving this plane.

It sounds like the previous owner failed to pay a maintenance bill incurred just before he sold you the plane! What a nice guy, if this is true! By the time the lien was filed, the airplane was already legally in your possesion, while the public records still showed the previous owner as owner of record. It often takes some time before such records are updated.

Did you order the FAA CD containing the aircraft's records before you bought the plane? The revoked airworthiness would have shown up then, but the lien wouldn't have, as it hadn't been filed yet. Your buyer might have ordered the current CD, and if he backs out of the deal (likely) he might sell or give it to you. They don't cost much, anyway.

The N number registration actually has little to do with the airworthiness certificate, similar to the way a car's license plate and registration has little to do with a state inspection roadworthiness sticker. Homebuilders routinely register their airplanes before the Airworthiness Certificate is issued before first flight.

You're not the first that this has happened to! I don't know exactly what you need to do, but I'd start by talking to an FAA FSDO rep, as the FAA will definately be involved in the solution. You need to find out from the FAA why the airworthiness was revoked. That's the biggest problem! FAA involvement means fixing the problem is likely going to take at least a few weeks. Are you a member of AOPA? Call them and ask for help and advice. I'm sure they've seen this before as well. Another source of information and possible help is your state DOD. Almost every state has an aviation branch of the DOD, and I'll bet they even have a website. I know Florida does, and I'm on a first name basis with Bo, as I've called him so often for advise. They may be able to intervene on your behalf and ask the repair shop to withdraw the lien, as you're not involved in the debt. It is also possible the bill HAS already been paid, and the lien was not cleared as it should have been.

There is a solution to this problem! It may take a while, and your sale is likely lost, but it will all work out!

Hi,

Be sure you don't take your logbook in with you when you talk to the FSDO. They will inevitably ask you how many flights you've made with an unairworthy airplane... Each individual flight is a violation... carefully proceed...

It is probably a good idea to talk to AOPA legal services first. See if you can find anyone who has been through something similar before talking directly to the FAA.

Yeah, good advice! I keep forgetting you guys sometimes deal with jerks! I've got a bunch of good ol' boys here, out of Orlando FSDO! I've never received any grief from them.

Chris, did you have a lien and title search done when you bought the plane? If so, you may have a guarantee that gives you some recourse, if it hasn't expired.

Carl,
I think he said he did and at the time it was a clear title.
The lien was put on the plane after he bought it.
If this is the case, as I understand it, it scares the heck out of me!
Anyone can, at any time and for any reason, put a lien on your plane and you don't know about it till you go to sell it.
What a rotten system !

They must justify the lien, such as with unpaid bills! It can't be "for any reason".

You wouldn't think it was a rotten system after a guy flies off into the sunset owing you for an overhaul, never to be seen again. Ask ANY mechanic!