Aircraft Mortgage and Security Agreement

When purchasing an aircraft, one option for financing is through an aircraft mortgage and security agreement. This type of financing is similar to a traditional mortgage for a home or property, but with specific considerations unique to the aviation industry.

First, let`s define the terms. An aircraft mortgage is a lien on the aircraft, similar to a mortgage on a home. This lien gives the lender the right to take possession of the aircraft if the borrower defaults on their loan payments. A security agreement is a contract that outlines the terms of the loan, including the collateral (in this case, the aircraft) and the borrower`s payment obligations.

There are several benefits to using an aircraft mortgage and security agreement for financing an aircraft. One key advantage is that the borrower retains ownership and possession of the aircraft while making loan payments. Additionally, these types of loans often have lower interest rates than other forms of aviation financing, such as leasing.

However, there are also important considerations and requirements to be aware of when entering into an aircraft mortgage and security agreement. First, the aircraft must be registered with the Federal Aviation Administration (FAA) in order for the mortgage to be valid. The lender will also require a lien search to ensure that there are no other outstanding liens on the aircraft.

In addition, the borrower will typically need to provide a down payment or collateral to secure the loan. This collateral can be in the form of another asset, such as property or securities, or a cash deposit.

It`s also important to note that the borrower will be responsible for maintaining and insuring the aircraft during the loan period. This can be a significant expense, especially for larger or more complex aircraft.

Finally, it`s essential to work with an experienced aviation attorney and lender when entering into an aircraft mortgage and security agreement. These types of loans require specialized knowledge and attention to detail, and a knowledgeable team can help ensure that the loan agreement is in compliance with all relevant laws and regulations.

In conclusion, an aircraft mortgage and security agreement can be a useful option for financing an aircraft purchase. However, it`s important to carefully consider the requirements and responsibilities involved and to work with experienced professionals to ensure a successful transaction.