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Foreclosure & Tax Deed Auctions / Answered
Solar UCC lien holder not cooperating to settle the lien

Hello,

I purchased a house that has a UCC lien for a solar system. The lien holder was not named as a defendant in the foreclosure case. Assuming this lien survives the superior mortgage foreclosure, I am attempting to settle it; however, the lien holder is extremely slow to respond.

I made a settlement offer over a month ago, but they have not yet indicated whether it is accepted or rejected, despite my daily follow-up calls and emails. This delay is preventing us from doing anything about the house. What are my options in this situation? Is there a legal mechanism to remove or bypass this lien if the holder refuses to cooperate?

Thanks!

Posted 11 hours ago
  
  
Votes Newest

Answers


I would not assume the solar lien automatically survives just because the solar company was not named in the foreclosure. First, you need to find out exactly what was recorded. There is a big difference between a UCC filing and a lien properly attached to the real estate. A lot of these solar filings do not give the company as much power as they claim, and some may have expired or been filed the wrong way.

As for the delay, there usually is not a quick way to just ignore a valid lien because the company will not respond. At this point, daily calls are probably a waste of time. The better move is to have a Florida real estate attorney send a formal demand letter to the company or its registered agent asking for a payoff, release, or written position by a firm deadline.

If the lien is invalid, expired, or not properly attached to the property, your attorney may be able to clear it through a court action such as quiet title, declaratory relief, or in some cases reforeclosure. Also, in many solar cases, the company's real remedy may be limited to the equipment itself, not the house as a whole.

Posted 2 hours ago
  
  
Damon Simon
204 × 5 Administrator

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