Saturday, October 2, 2010

Feature: a guide to title insurance

AIRFINANCE JOURNAL ARTICLE – PAID SUBSCRIPTION REQUIRED FOR FULL ACCESS
You have found the aircraft that meets your fleet requirements and satisfactory inspections of the aircraft and its records have been completed. The price is right and you want to buy it. So far so good.

But perhaps all is not straightforward with regard to title; for example the aircraft may have been owned and operated by an airline that has become subject to insolvency proceedings and the seller of the aircraft may be a mortgagee in possession, indenture trustee or other similar third party, rather than the airline itself. Indeed, the party contracting to sell may not itself have title, but simply the right (or purported right) to direct some other party that does have title, or the right to it, to pass that title to the purchaser. It may even be far from clear exactly what rights all the various interested parties do have in the particular circumstances......

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