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N-reg in a trust (merged)

Hello,

I think I might need some advice on this matter.

A friend of mine has a C310Q, witch he transferred into N-Reg back in 1997. The original FAA inspector didn't complete the transfer (so I was told) and thus the plane collected dust since then. Now, he wants to reactivate the plane (FCL.008 has a part in that I suppose...).

However, since he doesn't trust the FAA guy anymore, he asked me to get some information how to get the C310 back into the air - apart from the mechanical and avionic issues, of course. The FAA lists the N-Number with an expiration date of 09/30/2013. The aircraft's log and files give the postal address of a trust in Delaware, but since I can't google the company and can't find them in the white pages, I'm not too comfortable to go with them again. We do have an original bill of sale from the trust to my friend.

So despite the recommendation of a new trust (southern aircraft would be recommended, right?) and FAA inspector, what do I have to do and what impact does the expiration date have? I know my way around the german registry, but I'm completely new to everything concerning the FAA registration.

Thanks a lot!

mh
Aufwind GmbH
EKPB, Germany

Your problem is you need the old trust to sign a bill of sale to your friend who then signs a new bill of sale to the new trustee. On continuing the registration you can do that online. Normally done by trustee though.

EGTK Oxford

We do have this bill of sale, though. We found it in the aircraft's logbook (undated signed bill of sale from the trust).

mh
Aufwind GmbH
EKPB, Germany

Question is whether the FAA will now accept it. They can be difficult.

EGTK Oxford

Is anybody with Plane Fun Inc of Snellville, Georgia? They are the trust th at own the plane I am trying to buy.....but it seems to be a couple of near septuagenarians living in a small town....but searching reveals ca. 190 planes registered in their name....still absolutely no direct trace on Google....

YPJT, United Arab Emirates

My suggestion is to try to get your new trust to contact them.

EGTK Oxford

Thanks Jason...I have looked at SAC and IAS (FAARegistrations.com)....one thing I found on the IAS website:

The F.A.A. specifically tells people that they do not issue certificates of title and that registration is not proof of ownership. Indeed, on the back of your registration card the very first statement printed on it is:  "Effect of Registrations.  Title 49 U. S. C. [United States Code] 44103(c)(2) provides: 'A certificate of registration issued under this section is not evidence of ownership of aircraft in a proceeding in which ownership is, or may be, in issue.'"  Under United States law, it has been held that the person or company that pays for an aircraft is the owner.

This seems to give comfort that regardless of what happens to the trust (eg the Principal dies as in Peter's example) the aircraft title remains with the individual who paid...ie the non-US citizen...of course the CoR would now be invalid and presumably the aircraft could not be flown until it was re-registered (with a new trust)...is my understanding correct?

YPJT, United Arab Emirates

This reply is in haste because I am off on a trip tomorrow...

I went to an FAA lawyer's presentation a few years ago and she (India Pinkney) said that presigned bills of sale are regarded as illegal.

This is fairly obvious since they make the original trust void, because they enable the beneficial owner (the Trustor, in US-speak) void the trust unilaterally.

Such bills of sale were done by some trust companies to make the beneficial owner happier about handing his plane over to the trust...

So you may need to be a little careful about where you use that undated bill of sale or if indeed you use it at all. The safest thing would be to do the transfer properly, using fresh documents.

These matters can be complex and one needs to be very careful.

This may be of general interest.

Administrator
Shoreham EGKA, United Kingdom

Thanks Peter...have a good trip

YPJT, United Arab Emirates

I have used IAS a couple of times as a non- permanent US resident.

I was very satisfied with the service and they are cheaper than most. Bob Garretson seems very straightforward tondeal with.

I think he's also a C310 owner so may be worth talking to.

KHWD- Hayward California; EGTN Enstone Oxfordshire, United States
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