TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 11

AIRCRAFT IMPROVEMENT LIENS

45-1103.  Notice of lien — Recordation. The statutory lien created pursuant to section 45-1102, Idaho Code:

(1)  Is not valid unless and until it is recorded with the FAA aircraft registry in the manner and in the form generally required for the "Recording of Aircraft Titles and Security Documents" pursuant to 14 CFR 49.

(2)  Is valid upon recordation by the FAA aircraft registry of a written document entitled "NOTICE OF AIRCRAFT LIEN." This document shall:

(a)  Be signed by the repairperson or by a duly authorized agent or attorney of the repairperson; and

(b)  Be verified by the person signing the notice of lien upon that person’s personal knowledge of the matters stated in the notice of lien, and which shall affirmatively state: "I declare under penalty of perjury, in accordance with the laws of the state of Idaho and of the laws of the United States of America, that the matters stated herein are true and correct upon my information and belief."

(c)  Contain the date and place of signing of the notice of lien.

(3)  The notice of lien referred to in subsection (2) of this section shall contain the following information:

(a)  The United States registration number, make, model and serial number of the aircraft subject to the lien;

(b)  The name of the manufacturer, the model, and the serial number of all applicable engines, propellers or appliances subject to the lien, to the extent they are not otherwise identifiable merely by reference to the aircraft registration number;

(c)  The name, address and business telephone number of the repairperson asserting the lien;

(d)  The name, address and business telephone number of the registered owner of the civil aircraft or other property subject to the lien;

(e)  The name, address and business telephone number of the person consenting to the performance of the work giving rise to the lien;

(f)  The amount of the lien, exclusive of prospective storage costs;

(g)  A narrative statement describing the nature of the work accomplished;

(h)  The affirmative statement that a copy of the notice of lien is concurrently being sent by United States mail, certified, return receipt requested, or equivalent private courier service that provides evidence of date of delivery of mail, to both the registered owner and to the person consenting to the work;

(i)  The date of last services or materials provided.

(4)  No notice of lien pursuant to subsection (2) of this section is valid unless it is presented for recording at the FAA registry within one hundred eighty (180) days of the completion of the work giving rise to the lien.

History:

[45-1103, added 2002, ch. 371, sec. 1, p. 1043.]