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Aircraft Loans - The ABC’s of
Aircraft Financing
(Page 2 of 2)
Aircraft Financing ABC’s -
Appraisal
An appraisal is an optional tool that the lender may decide
to employ to assure that the value of the aircraft supports the
lender’s loan-to-equity ratio. Cases where it’s not always
deemed necessary include the purchase of new aircraft, or when
the lender is extremely experienced in aircraft financing
(typically not a commercial bank) and the aircraft in question
is a smaller single or twin engine.
Though it mostly benefits the lender, if an appraisal is
required, the buyer picks up the tab. The only upside, from the
buyer’s point of view, is the emotional confirmation that the
agreed upon price is a fair one. Unless, of course, the
purchase agreement contained a contingency clause that the
aircraft appraise at or above the purchase price. In those
cases, it provides a legal exit for the buyer to abandon or
re-negotiate the deal.
Title Search
The lender will employ a title company to conduct a title
search on the aircraft. A title search identifies the past
owners, and any existing liens or other encumbrances of record.
Both lender and buyer expect a ‘clean’ or clear title. The
lender, for it’s part, will not close without one, and will
rightfully insist that old liens be released by filing the
proper paperwork with the FAA (the agency that administers the
national recording system covering title to – and liens against
– aircraft), and that existing claims be resolved.
While the buyer is necessarily burdened to some extent, it
is ultimately the sellers responsibility to pass on a clear
title at the closing.
Title Insurance
Title insurance protects against recorded rights that may
have been missed in a title search. Depending upon the policy,
it may also protect against ownership disputes, forged
documents, fraud, and purchase of a stolen aircraft. Lenders
commonly purchase title insurance (on the buyer’s dime) to
protect their security interest in the aircraft after the
transaction closes.
Aircraft Insurance
The lender will require that you purchase and maintain
aircraft insurance, and provide proof of that insurance at the
closing. Aircraft insurance is a combination of property
insurance for the hull, and liability coverage for bodily
injury and property damage resulting from the ownership or use
of the aircraft in question. It’s never too early in the
process to begin sourcing and comparing insurance providers and
coverage, as the field is complex and the associated costs can
be a significant factor in determining your eligibility for
financing a particular aircraft.
Beyond the differences in providers, the cost of aircraft
insurance is determined by a number of factors, including the
make and model of your aircraft, the value of that aircraft,
how the aircraft will be used, how it will be stored, and your
flight experience and rating. Additional pilot training can
often lower insurance premiums.
The Closing
At the closing, the loan documentation is executed and funds
and title are transferred. The buyer will be expected to
sign...
- A promissory note, detailing the terms of the loan,
obligating the buyer for the outstanding loan balance, and
outlining remedies the lender may take if the borrower
reneges on his obligations.
- A security agreement, giving the lender a security
interest in the aircraft.
If the purchase required the guarantee of a third party
(called a surety), that individual or business entity will be
expected to execute a guaranty that obligates them to repay the
loan in the event the borrower defaults.
By the way, for a nice, peaceful closing with no
deal-busting surprises, read Aircraft
Loans - Avoid the Shouting and the Fistfights. And for
practical tips and advice from actual borrowers themselves,
check out Aircraft Loans, Moans and
Groans.
-- D. Alan
Carter
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