49 U.S.C. § 44108

Validity of conveyances, leases, and security instruments

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(a)Validity Before Filing.—Until a conveyance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or (2) of this title is filed for recording, the conveyance, lease, or instrument is valid only against—(1) the person making the conveyance, lease, or instrument;(2) that person’s heirs and devisees; and(3) a person having actual notice of the conveyance, lease, or instrument.(b)Period of Validity.—When a conveyance, lease, or instrument is recorded under section 44107 of this title, the conveyance, lease, or instrument is valid from the date of filing against all persons, without other recordation, except that—(1) a lease or instrument recorded under section 44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and(2) a lease or instrument recorded under section 44107(a)(2)(C) or (D) of this title is valid only for items at the location designated in the lease or instrument.(c)Applicable Laws.—(1) The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this title is subject to the laws of the State, the District of Columbia, or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of the place at which the subject of the conveyance, lease, or instrument is located or delivered. If the conveyance, lease, or instrument specifies the place at which delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place.(2) This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable.(d)Nonapplication.—This section does not apply to—(1) a conveyance described in section 44107(a)(1) of this title that was made before August 22, 1938; or(2) a lease or instrument described in section 44107(a)(2) of this title that was made before June 20, 1948.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1165; Pub. L. 108–297, § 5, Aug. 9, 2004, 118 Stat. 1097.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44108(a)	49 App.:1403(c) (less words after semicolon).	Aug. 23, 1958, Pub. L. 85–726, § 503(c), 72 Stat. 773.
44108(b)	49 App.:1403(d).	Aug. 23, 1958, Pub. L. 85–726, § 503(d), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, § 3, 73 Stat. 181.
44108(c)(1)	49 App.:1406.	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 506; added June 30, 1964, Pub. L. 88–346, § 1(a), 78 Stat. 236.
44108(c)(2)	49 App.:1406 (note).	June 30, 1964, Pub. L. 88–346, § 1(c), 78 Stat. 236.
44108(d)	49 App.:1403(c) (words after semicolon).

In subsection (a), before clause (1), the words “conveyance, lease, or instrument executed for security purposes” are substituted for “conveyance or instrument” for clarity and consistency in this subchapter. The words “in respect of such aircraft, aircraft engine or engines, propellers, appliances, or spare parts” are omitted as surplus. The text of 49 App.:1403(c) (proviso words before semicolon) is omitted because of section 7(d) of this bill. In clause (1), the words “person making the conveyance, lease, or instrument” are substituted for “the person by whom the conveyance or other instrument is made or given” to eliminate unnecessary words and for consistency in this subchapter.

In subsection (b), before clause (1), the words “When a conveyance, lease, or instrument is recorded under section 44107 of this title . . . from the date of filing” are substituted for “Each conveyance or other instrument recorded by means of or under the system provided for in subsection (a) or (b) of the section shall from the time of its filing for recordation” for clarity and consistency in this subchapter and to eliminate unnecessary words. In clause (1), the words “is valid” are substituted for “Provided, That . . . shall not be affected” for consistency in this subchapter. The words “or engines . . . or propellers” are omitted because of 1:1. In clause (2), the words “is valid” are substituted for “shall be effective” for consistency in this subchapter. The words “for items at the location designated in the lease or instrument” are substituted for “which may from time to time be situated at the designated location or locations and only while so situated” for clarity and to eliminate unnecessary words.

In subsection (c)(1), the words “conveyance, lease, or” are added for consistency in this subchapter. The words “the conveyance, lease, or instrument” are substituted for “therein”, and the words “it is presumed” are substituted for “it shall constitute presumptive evidence”, for clarity.

In subsection (d)(2), the words “lease or instrument” are substituted for “instrument” for clarity and consistency in this subchapter.

Editorial NotesAmendments

2004—Subsec. (c)(2). Pub. L. 108–297 inserted “or the Cape Town Treaty, as applicable” before period at end.

Statutory Notes and Related SubsidiariesEffective Date of 2004 Amendment

Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.

Notes of Decisions

Cited in 30 cases (1 in the last 5 years), 1996–2022 · leading case: Schreiber v. Emerson (In Re Emerson), 244 B.R. 1 (Bankr. D.N.H. 1999).

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Schreiber v. Emerson (In Re Emerson), 244 B.R. 1 (Bankr. D.N.H. 1999). · cites it 3× “Even though Emerson’s interest in the Seneca was not perfected by recording with the FAA, see 49 U.S.C. § 44108 (a), Swain and the Bank had actual knowledge of his in *21 terest or rights in the airplane.”

Charles Greenhill v. Richard Vartanian, 917 F.3d 984 (7th Cir. 2019). “*988 See 49 U.S.C. § 44108 (c)(1) ; Shacket v. Philko Aviation, Inc .”

Solodky v. Traub, Butz & Fogerty (In Re Equip. Leassors of Pennsylvania), 235 B.R. 361 (E.D. Pa. 1999). · cites it 4× “See 49 U.S.C. § 44108 (a), (c); Philko, 462 U.”

Johnson v. Tomlinson (In Re Tomlinson), 347 B.R. 639 (Bankr. E.D. Tenn. 2006). · cites it 3× “While the recordation indicates that the defendant transferred an interest in the aircraft to the debtor after he purchased it, the Federal Aviation Act specifically provides that “[t]he validity of a conveyance ... that may be recorded under section 44107 of this title is…”

Blue Sky Telluride, L.L.C. v. Intercontinental Jet Serv. Corp., 2014 OK CIV APP 39 (Okla. Civ. App. 2014). · cites it 3× “49 U.S.C.A. § 44108 (b); McCormack, ¶ 16, 571 P.”

G & B Aircraft Mgmt. v. Smoot (In Re Utah Aircraft All.), 342 B.R. 327 (10th Cir. BAP 2006). “49 U.S.C. § 44108 (c)(1). 21 . State Sec.”

Creston Aviation, Inc. v. TEXTRON Fin., 900 So. 2d 727 (Fla. 4th DCA 2005). · cites it 3× “See 49 U.S.C. § 44108 (a)(2000). After the lien is filed with the federal registry, it is valid against all persons.”

Tradewinds Airlines, Inc. v. AAR Aircraft Servs.-Miami, Inc. (In Re Tradewinds Airlines, Inc.), 394 B.R. 614 (Bankr. S.D. Florida 2008). · cites it 3× “Pursuant to 49 U.S.C. § 44108 , until an instrument executed for security purposes is filed for recording with the Federal Aviation Administration (the “FAA”), the instrument is valid only against the person making the instrument, and not against any other person or entity.”

Astraea Aviation Servs., Inc. v. Nations Air Inc., 172 F.3d 390 (5th Cir. 1999). · cites it 2× “Code section governing the “validity of conveyances, leases, and secu- rity instruments” involving aircraft con- tains the following choice of law provision: The validity of aconveyance, lease, or instrument that may be recorded under section 44107 of this title [which governs…”

Schreiber v. Stephenson (In Re Emerson), 235 B.R. 702 (Bankr. D.N.H. 1999). “See 49 U.S.C. § 44108 . Counsel for John Stephenson argued at the hearing on summary judgment that the Debtors transferred their interests in the Warrior to John Stephenson in 1995 when the Debtors indicated that they could not pay the $30,000.”

US Acquisition, LLC v. Tabas, Freedman, Soloff, Miller & Brown, P.A., 87 So. 3d 1229 (Fla. 4th DCA 2012). “49 U.S.C. § 44108 (a) (2011). The lien in this case claims “entitlement to the aircraft” to the extent of “whatever the plaintiffs rights are in the aircraft or the proceeds of the aircraft based upon the work that [the] firm did in procuring the aircraft for this plaintiff.”

In Re Paul B. BRICE; Jewel H. Brice, Debtors. Thomas L. Blair, CreditorAppellant, v. Crestar Bank, CreditorAppellee, 188 F.3d 576 (4th Cir. 1999). “See also 49 U.S.C.A. § 44108 (c)(1) (West 1997) ("The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this title is subject to the laws of the State .”

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