Your Obligations Under an Aircraft Security Agreement: Covenants, Default and Repossession

For borrowers about to sign, or already living with, an aircraft security agreement. This page covers what you promise the lender, what counts as default, and how repossession and deficiencies work, so a covenant breach never catches you by surprise.

How the security agreement fits with your other loan documents

Most piston loans close on three core documents. The promissory note is your promise to pay: amount, rate, term and late charges. The security agreement pledges the aircraft and contains the covenants. Some lenders add a separate loan agreement with financial reporting or guaranty terms. The lender records the security agreement with the FAA to perfect its lien, a process explained in FAA lien recording. For a walk-through of every document in the stack, see aircraft loan documents explained.

The collateral clause usually covers more than the airframe: engines, propellers, avionics, parts and accessories installed now or later, the logbooks and records, and insurance proceeds. An avionics upgrade you pay for in cash becomes the lender's collateral the day it is installed.

The covenants: what you promise to do (and not do)

CovenantWhat it typically requiresHow owners trip it
Maintenance and airworthinessKeep the aircraft airworthy; complete the annual within the preceding 12 calendar months (14 CFR 91.409); comply with ADs; keep complete records; use qualified maintenanceAn annual that lapses while the aircraft sits; a deferred recurring AD; missing logbook entries
InsuranceHull coverage at least equal to the loan balance or an agreed value; lender named loss payee with a breach-of-warranty endorsement; liability limits set by the lender; advance notice to the lender of cancellationLetting a policy lapse at renewal; flying outside the pilot warranty; switching carriers without sending the lender a certificate
RegistrationKeep the FAA registration current (7-year cycle) and the address up to date (30 days)An expired certificate after a move, because the renewal notice went to an old address
Basing and locationBase the aircraft at the stated airport; notify, or get consent, before moving it; limits on time outside the U.S.Relocating for a new job, or spending a winter in the Bahamas, without telling the lender
UseNo leasing, rental, flight instruction for hire, charter or other commercial use without written consent; no illegal useA leaseback to a flight school, or "sharing" with a club that pays by the hour
Liens and taxesNo other liens; pay shop bills, hangar rent and property or use taxes when dueA disputed shop invoice that turns into a claim of lien
TransfersNo sale, transfer to an LLC or trust, or sale of partnership shares without consentMoving the aircraft into a new LLC for liability reasons without telling the lender
Parts and equipmentNo removal of engines, props or avionics unless replaced with equal or better parts, which then become collateralPulling a GPS navigator to sell before upgrading the panel
Inspection and reportingLet the lender inspect the aircraft and records; provide financial statements if requiredIgnoring a request for the last annual sign-off

Insurance terms differ by lender. The details of loss payee, agreed value and pilot warranties are covered in insurance for financed aircraft.

What counts as an event of default?

Aircraft security agreements commonly list these defaults. Some come with notice and a cure period; others take effect immediately.

Cross-default and cross-collateralization

A cross-default clause links your aircraft loan to other debts. If you miss a payment on a business line with the same bank, the aircraft loan can be called too. A cross-collateralization clause goes further: it makes the aircraft security for your other debts with that lender, so paying off the aircraft loan may not release the lien. Look for phrases like "all obligations of Borrower to Lender, now existing or hereafter arising". If your banking relationship is broad, ask for the clause to be limited to this loan.

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What happens after a default: remedies and repossession basics

Remedies come from the agreement and from Article 9 of the Uniform Commercial Code as adopted in your state. The general sequence:

  1. Notice and acceleration. The lender declares a default and may make the whole balance due immediately. Default interest and collection costs often start at this point.
  2. Repossession. Under UCC 9-609, a lender may take possession without a court order if it can do so without breaching the peace. Aircraft recovery specialists and ferry pilots handle this. If the aircraft is locked away or you object, the lender usually has to go to court.
  3. Notice of sale. UCC 9-611 generally requires reasonable notice to you and to guarantors before the aircraft is sold.
  4. Commercially reasonable sale. UCC 9-610 requires every aspect of the sale to be commercially reasonable. That is not the same as getting top dollar.
  5. Application of proceeds and deficiency. Under UCC 9-615, proceeds go first to the lender's costs, then to the debt. You owe any shortfall, and you get any surplus.
  6. Right to redeem. Until the sale, UCC 9-623 generally lets you redeem the aircraft by paying the full obligation plus the lender's expenses.

Worked example: why a repossession costs far more than a sale

Take a $212,500 loan at 8.00% over 20 years. The payment is $1,777 a month, and after 36 payments the balance is $197,876. Then the borrower defaults. The costs below are illustrative assumptions; your agreement and the market will differ.

Repossession pathAmount
Balance at default$197,876
Interest during 4 months to recover and sell (contract rate)$5,277
Recovery and ferry$4,000
Storage and insurance while held$3,000
Annual and squawks to make it saleable$4,500
Broker commission (5% of sale)$8,750
Legal fees$3,500
Less: forced-sale price($175,000)
Deficiency you still owe$51,903

Compare a voluntary sale at the same point. If the owner lists early and sells for $205,000 less a 5% commission, the gap to the payoff is $3,126. That is a problem you can solve with a check, not a judgment. The decision rule: if you can see a default coming, call the lender and talk about a sale or a modification before the first missed payment.

What to negotiate before you sign

  • Notice and cure periods for non-payment defaults, such as a written notice and a period to fix a paperwork lapse.
  • Relocation by notice rather than consent, and a stated allowance for trips outside the U.S.
  • Pre-approved uses you already plan: a named co-owner, a leaseback, or instruction you give in your own aircraft.
  • Consent "not unreasonably withheld" for transfers to your own LLC.
  • Cross-default limited to this loan, and no cross-collateralization.
  • Parts replacement language that plainly allows exchange overhauls and avionics swaps of equal or better value.

Not every lender will agree to every change, but it costs nothing to ask before signing. A financing specialist can compare how lenders in the network handle these clauses.

A compliance calendar for financed owners

ItemWhenSend to lender?
Annual inspectionWithin 12 calendar months of the last oneIf requested; keep the sign-off handy
Insurance renewalYearly, before expirationYes: the new certificate naming the lender
Recurring ADsPer each AD's intervalNo, but log compliance
FAA registration renewalIn the 6 months before the 7-year expirationNo, but a lapse is a breach
Address change with the FAAWithin 30 days of movingTell the lender too
Relocation, new use, new co-owner, LLC transferBefore it happensYes, in writing

How this guide differs from related guides

This page covers your obligations as a borrower. How the lender records and ranks its lien is in FAA lien recording. Insurance specifics are in aircraft insurance requirements. For the note, the loan agreement and the rest of the paperwork, see aircraft loan documents explained. For every FAA touchpoint a financed owner deals with, see the FAA's role in aircraft ownership.

Frequently asked questions

What is an aircraft security agreement?

It is the contract in which you grant the lender a security interest in the aircraft, including its engines, propellers, avionics and records, to secure your promissory note. It also contains your ongoing promises (covenants), the events that count as default, and the lender's remedies. The lender records it with the FAA Registry to perfect its lien. The covenants, though, are what shape your day-to-day ownership.

Can I move my financed airplane to a different airport or state?

Usually yes, with notice or consent. Many security agreements name a home airport and require you to tell the lender before basing the aircraft somewhere else. Some also require consent before it leaves the U.S. for more than a short trip. A move can change your insurance and, in some states, trigger use tax or state registration. Read the basing clause and send the notice in writing before you move.

Can I lease my financed aircraft to a flight school or rent it to other pilots?

Not without the lender's written consent under most agreements. Leasing, rental, flight instruction for hire and charter change the risk, the insurance and sometimes the tax treatment. Lenders that allow it typically require commercial-use insurance, a written lease that is subordinate to the lender's lien, and sometimes different loan terms. Operating that way without consent is a covenant default even if every payment is on time.

Can a lender repossess an aircraft without going to court?

Often, yes. Under UCC 9-609, a secured party may take possession after default without a court order if it can do so without a breach of the peace. Agreements and state law vary, and consumer loans can carry extra notice rules. In practice, recovery firms and ferry pilots retrieve aircraft from open ramps. Taking an aircraft out of a locked hangar over the owner's objection usually requires a court.

What is a deficiency after aircraft repossession?

It is what you still owe when the sale proceeds do not cover the loan balance, accrued interest and the lender's reasonable costs of repossessing, storing, repairing and selling the aircraft. Under UCC Article 9 the sale must be commercially reasonable, and you must get notice of it. Forced sales usually bring less than a normal listing, so deficiencies can be large.

What happens to a financed aircraft if the owner dies?

The loan becomes a debt of the estate, and the security agreement may treat death as an event of default. Separately, the FAA registration becomes ineffective 30 days after the registered owner's death (14 CFR 47.41). The aircraft cannot fly until the estate or heirs deal with the registration. Life insurance sized to the loan balance and a named person who can act for the estate make this manageable.

General information, not legal advice. Security agreements and state versions of UCC Article 9 differ. Have an aviation attorney review your documents, and confirm consumer-law protections that may apply in your state.

Last reviewed September 27, 2026. Rates and rules change; see our editorial standards.

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