Florida | Aviation Law
Legal Question
mechanics lien
I purchashed a aircraft in July of 2008. I have since found that a mechanics lien was placed on the aircraft in September 2008 for work performed prior to my purchase. Can that be legal?
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Legal Answer
Re: mechanics lien
It is not technically a mechanics' lien, since it was not in the possession of the mechanic when you purchased it (I hope). Technically speaking, a mechanic's lien permits the mechanic to hold the aircraft until the debt for his work has been paid.
Since the mechanic relinquished possession of the airplane prior to being paid, the mechanic only has a simple lien, just the same as any other lien holder. If you purchased it without that lien being satisfied, you may be indirectly liable to the mechanic for the debt. Of course, you may also have recourse against the seller, the title company, or some other entity. If, however, the airplane was sold at a foreclosure auction, you may have purchased the airplane with clean title.
I am a pilot, as is another attorney in our office, and I am a member of the AOPA Legal Services Plan. We handle aviation cases like this one regularly. If you would like to discuss this situation further, please contact me at your convenience.
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Chamberlin Butler & Crowe, P.A. 3001 N. Rocky Point Drive East, Suite 200 Tampa, FL 33607
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Legal Answer
Re: mechanics lien
It is unlikely that is a valid mechanic's lien -- althhough you may have some liability for payment depending on a host of additional facts.
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Wagner, Vaughan & McLaughlin, P.A. 601 Bayshore Boulevard; Suite 910 Tampa, FL 33606
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