(A)(1) To perfect a lien that arises under section1311.72of the Revised Code, the person claiming the lien shall make and file for record with the United States federal aviation administration an affidavit verified under oath that includes all of the following information:
(a) The amount owed to the lien claimant for the labor, storage, or materials;
(b) A description of the aircraft that reasonably identifies it including the manufacturer, model, serial number, and registration number of the aircraft;
(c) The name of the person for whom the labor was performed, the storage was provided, or the materials were furnished, if applicable;
(d) The name of the owner of the aircraft, if known;
(e) The name and address of the lien claimant;
(f) The date that the lien claimant or the lien claimant's employee last performed any labor upon, stored, or furnished any materials for the aircraft, or if the storage is ongoing;
(g) The date that the lien claimant surrendered possession of the aircraft, if the lien claimant surrendered it;
(h) The name and address of the person who prepared the affidavit.
(2) The omission or inaccuracy of any address in the affidavit does not invalidate the affidavit. The lien claimant may verify the affidavit before any person authorized to administer oaths, including an agent for the owner, the lien claimant, or any other interested party. An agent of the lien claimant may sign the affidavit for the lien claimant, provided that the agent states the agent's capacity with respect to the lien claimant. A lien claimant is considered to have filed for record with the United States federal aviation administration an affidavit upon receipt of the affidavit by the United States federal aviation administration as evidenced by a certified mail return receipt.
(B) The affidavit may be in the following form:
"Affidavit for Lien on Aircraft
State of Ohio,
County of_____________________, ss: __________________________,
___________________________________ of ________________________ whose address is____________________________________________, being first duly sworn, says that such lien claimant or such lien claimant's employee performed labor, repairs, services, or maintenance upon, provided storage, or furnished materials, products, substances, accessories, parts, or equipment for a certain aircraft or part or equipment of a certain aircraft at the request of ______________________, whose address is ____________________, and of which ______________________ is the titled owner.
The owner's address is _____________________________________
The aircraft upon which labor, repairs, services, or maintenance were performed, or storage was provided, or materials, products, substances, accessories, parts, or equipment were furnished is identified as follows:
Manufacturer: ______________________________________________
Model: _____________________________________________________
Serial number ______________________________________________
Registration number ________________________________________
The last date that labor, repairs, services, or maintenance were performed upon, or storage was provided, or materials, products, substances, accessories, parts, or equipment were furnished for the aircraft herein identified, including any part or equipment of that aircraft, was _______________ ______________, _____________, or alternatively, storage is still ongoing as of the following date: _______________ ______________, _____________
The lien claimant states there is justly and truly due, over and above all legal setoffs, the sum of __________ dollars, for which the lien claimant claims a lien on the aircraft identified herein.
The lien claimant states that the lien claimant is (is not) currently in possession of the aircraft. (The lien claimant states that the lien claimant surrendered possession of the aircraft on the ________ day of _____________, _________)
___________________________
Lien claimant
___________________________
Capacity with respect to lien
claimant
Sworn to before me and subscribed in my presence this ________ day of ____________, _____ ___________________
____________________________
Notary public
This instrument was prepared by ______________________________ whose address is ____________________________________________"
(C) A lien claimant shall file the affidavit within one of the following periods:
(1) Ninety days after the date on which the lien claimant or the lien claimant's employee last performed labor upon or furnished materials for the aircraft that is subject to the lien, if the lien claimant or the lien claimant's employee is in possession of the aircraft at the time of filing;
(2) Ninety days after the date on which the lien claimant or the lien claimant's employee surrendered possession of the aircraft that is subject to the lien;
(3) Ninety days after the date by which the owner of an abandoned aircraft that is subject to the lien was required to remove the aircraft from the lien claimant's property in accordance with section1311.721of the Revised Code.
(D) Any lien claimant who files an affidavit may file a copy of the affidavit in the office of the county recorder in the county in which the labor was performed upon or the materials were furnished for the aircraft or where the aircraft was stored. The lien claimant shall pay to the county recorder the fee for recording an affidavit as determined under section317.32of the Revised Code.
Last updated January 17, 2025 at 1:43 PM