450:4 Lien for Nonpayment of Aircraft Registration Fees. –
I. The state may, upon proper notification to the owner of an aircraft, exercise its right to have a lien on each aircraft for which the registration fees have not been paid according to RSA 422:31. Proper notification to an owner shall be made via registered or certified mail, return receipt requested. The lien, once perfected, shall be prior to all other liens and encumbrances except (a) liens and encumbrances recorded prior to the effective date of this section, and (b) sums unpaid on any primary loans encumbering that aircraft which secure an institutional lender and are promptly perfected. The provisions of this paragraph shall not affect the priority of mechanics' and materialmen's liens.
II. Notwithstanding any other provision of this section, or any other provision of law, all liens arising under this section shall be filed at the office of the secretary of state. The fees for filing such liens and any releases thereof shall be in accordance with RSA 478:17-g. A copy of the lien shall also be filed with the Federal Aviation Administration, Federal Registry.
III. (a) The state, in order to perfect a lien under this section, shall include in the lien:
(1) A specific description of the aircraft as required in accordance with a certificate issued under RSA 422:26;
(2) The name or names of the persons or entities designated as an owner of the aircraft and the applicable addresses;
(3) The amount of unpaid assessments currently due or past due together with the date when each fell due; and
(4) The date of issuance of the lien.
(b) It shall be the duty of the secretary of state to file and index the lien in the names of the persons or entities identified as the owner, as well as in the name of the state. The cost of filing such lien shall be taxed against the party found liable in any judgment or decree enforcing such lien.
IV. The judgment or decree in an action brought pursuant to this section shall include, without limitation, reimbursement for costs and attorneys' fees, plus interest at the maximum lawful rate for the sums secured by the lien from the time such sum became due and payable.
V. When payment or satisfaction is made of a debt secured by a lien, the lien shall be released by filing a release of lien with the secretary of state and the Federal Aviation Administration. For the purposes of this section, the state shall be deemed the duly authorized agent of the lien creditor and shall discharge the lien.
VI. Nothing in this section shall be construed to prohibit actions at law to recover a sum for which paragraph I creates a lien.
VII. Any aircraft owner or purchaser of an aircraft, having executed a contract for the disposition of the aircraft, shall be entitled, upon request, to a statement setting forth the amount of unpaid assessments currently levied against the aircraft. Such request shall be made in writing and directed to the commissioner. Payment of a fee not exceeding $10 may be required as a prerequisite to the issuance of such a statement.
Source. 1997, 118:1. 2001, 102:35, 36, eff. July 1, 2001. 2009, 113:10, eff. June 22, 2009.