Whenever the lien upon any aircraft is lost by reason of the loss of possession through trick, fraud, or device, the repossession of such aircraft by the lienholder revives the lien, but the lien so revived is subordinate to any right, title, or interest of any person under any sale, transfer, encumbrance, lien, or other interest acquired or secured in good faith and for value between the time of the loss of possession and the time of repossession.
§ 1208.64.Lien Lost By Reason of Possession Revived Upon Repossession By Lienholder
Title 4. Of the Enforcement of Liens · Chapter 5. Liens on Aircraft · Enacted 1953 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1208.64 revives an aircraft lien lost when possession is lost through trick, fraud, or device once the lienholder repossesses the aircraft, though the revived lien remains subordinate to any good-faith, for-value interest acquired by someone else between the loss and the repossession.
Full Text of § 1208.64
Plain-English Summary
Because this lien depends on possession, losing possession ordinarily kills it. This section carves out an exception for possession lost through wrongdoing — trick, fraud, or some other device used against the lienholder. If the lienholder later repossesses the aircraft, the lien comes back to life.
That revival isn't absolute, though. Anyone who acquired a sale, transfer, encumbrance, lien, or other interest in the aircraft in good faith and for value during the window between the loss of possession and the repossession still comes ahead of the revived lien. The section protects innocent third parties who dealt with the aircraft while it was out of the lienholder's hands, even as it protects the lienholder from that kind of wrongful loss of possession.
Frequently Asked Questions
If someone tricks me out of possession of the aircraft I have a lien on, do I lose the lien for good?
No. Section 1208.64 revives the lien once you repossess the aircraft.
Does the revived lien have the same priority it had before?
Not necessarily. It's subordinate to any good-faith, for-value interest someone else acquired in the aircraft between the loss of possession and the repossession.
Amendment History
Added by Stats. 1953, Ch. 52.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: aircraft lien revival after fraud california