Buying a home existing solar...

[Ian S]

Not attached to the property
Therefore not included in the chattels

A wall-mounted rent-to-own TV?

[inetdog]

Not attached to the property
Therefore not included in the chattels
Would most likely be placed on curb when evicted from house

Since leased property belongs to the lessor, not the tenant, I believe that the landlord or owner in succession would have at least a minimal duty to try to identify and notify the lessor. But if they did not, the original lessee would be responsible for any losses that might result (but they may be judgement proof by that time.)

[Naptown]

What if there was a leased car or leased furniture on the property? Wonder what would happen then?

Not attached to the property
Therefore not included in the chattels
Would most likely be placed on curb when evicted from house

[Naptown]

So??? To be a little more clear what are you saying?

Short answer they no longer have a claim. They did not excersise their lien or were over ridden by the primary lien holder.
Once it is attached to the house it goes with the house.
Kind of like curtain rods are attached and you have to leave them unless specifically stated that they do not in a sale.

[Ian S]

What if there was a leased car or leased furniture on the property? Wonder what would happen then?

[fishinfirefighter]

Basically a lease does not place a lien on the property unless it is stated in the lease to do so.
Even if they had a lien they would be subordinate to the mortgage co which in this case I would assume Fannie or Freddie or FHA or VA since the govt had ownership.

So??? To be a little more clear what are you saying?

[Naptown]

Basically a lease does not place a lien on the property unless it is stated in the lease to do so.
Even if they had a lien they would be subordinate to the mortgage co which in this case I would assume Fannie or Freddie or FHA or VA since the govt had ownership.

[fishinfirefighter]

Which leasing company is it?

Im sure you understand why I havent or will not disclose any info until this has been completely resolved.

On another note, my attorney did some more research called me back informed me and I quote....,"You have nothing to worry about, give them my number if they hassle you at all! They have no legitimate legal claim against you OR YOUR solar system" That made me feel a lot better. Seriously though they sat on this for 2 years and never even filed a lien otherwise one of the two banks would have taken care of their claim or allowed them to recover the system before we got to where we are now. Im not out to get something for free nor am I an A-hole crook, I bid extra high on the property assuming the solar came with it and its not my fault these guys dropped the ball on a $40k investment assuming they could persuade the new owner into paying them. Dont get me wrong though, I expect some sort of lashback from the leasing company, sheesh for all I know they may gather up a couple companies resources to fight me or the title company in court just to be able to point at this case and tell their customers "SEE what happens?...only time will tell..

Ill keep this thread updated for those that care to know the outcome.

[snic]

Which leasing company is it?

[fishinfirefighter]

No problem? Good luck with that! The leasing company will claim they still own the system no matter what. You need a lawyer, I think. Preferably one who's experienced in leased property. You may be a test case!

Don't think I do. Just spoke with a real estate attorney. Said they could try and pursue but the balls in my court. They had more than enough time and didn't act. The house sat vacant for over a year. Not only that but the home changed hands twice. Now the government owns it until I close escrow. He said they have a year...its been 2.5. More than likely they didn't take it while it was vacant because they legally could not and were hoping a sucker would buy the home and walk right into a lease agreement. I ain't no sucker! Lol. I think its mine. Besides that they can take it up with the title company when they try to slap a lein on it which is out of time to do so. Its mine

[Ian S]

They did accidentally mention the original owner they sent to collections and I said, "Well there you have it go get her!" They signed a contract and lease with the previous owneres.. NOT the preperty. That was there first mistake. Not recovering it in the meantime with authorities while they had the legal right was there second. I'm willing to bet ill walk away with this system no prblem.

No problem? Good luck with that! The leasing company will claim they still own the system no matter what. You need a lawyer, I think. Preferably one who's experienced in leased property. You may be a test case!

[fishinfirefighter]

They did accidentally mention the original owner they sent to collections and I said, "Well there you have it go get her!" They signed a contract and lease with the previous owneres.. NOT the preperty. That was there first mistake. Not recovering it in the meantime with authorities while they had the legal right was there second. I'm willing to bet ill walk away with this system no prblem.

[Ian S]

My point in using the CSI data to find a single system is that FF doesn't know the panel or inverter type. This would make it akin to a needle in a a hay stack. Who is the leasing company? Wow isn't great to lawyer up just to buy a house. I'm saving this thread for future reference so please keep us up to date on any developments. My best guess hmm, this can get tricky quick. So the previous owner is legally obligated to inform the lease/PPA holder some number of days before the sale of the house. If they don't and the house is sold then it would seem the legal recourse is on the original owner? The lease company is going to go after somebody. Whether that's you or the previous owner somebody is getting sued, this is CA after all and we're taking about 30-40k. I wouldn't plan on getting the solar for free. You may never pay for the solar itself but legal costs instead. The leasing company will likely offer you terms and generally there is some type of lien on the home. How much do you like the house? The original owner can usually buy out the lease at the time of sale, perhaps that is the plan but after 2 years the buyout is typically more than the purchase before tax credit etc as the lease company has already depreciated some amount of the system and the purchase messes with this process. After 7 years the buyout price typically drops significantly. I see legal action in your future or some type of buyout have fun but more importantly keep us up to date. What zip code or city are you in maybe JPM can find your system in the CSI?

While the new owner may have a good claim to the system, I agree with you that lawsuits are apt to start flying. If it was a monthly lease, and the old owner stopped paying, I would think the leasing company would have been on it right away. Perhaps it's a prepaid lease; that would explain why the sh!t hasn't hit the fan as there are no payments to be made. If it's prepaid, that would probably offer the cheapest way out for all involved.

[fishinfirefighter]

Just got off the phone with edison then the leasing company called. Edison sais they don't care that's our problem. Once its been approved and turned on once its good forever basically we just change billing names and hook up.

The leasing company is not happy at all. Now I know what it sounds like when someone realizes they just lost $40k. He tried to squeeze out who, what when and where but I wouldn't really budge. I see where they're coming from but I told him all I did was buy a house that had solar on it and was told it came with it don't be mad at me. They are going to lawyer up but I could here in his voice they for sure lost it. Apparently they tried to recover the system but were chased off property and kinda forgot about it. In the meantime the home was foreclosed on and re-sold...to me. I think there lawyer will tell them to forget it because I don't see how they could get it back. Ill lawyer up in the meantime if need be. I did tell them not to think about taking the panels now without documents and the authorities because I will press charges so hopefully there not stupid because I will. Wow... can't beleive all this grief. They should have been more responsible with a $40k investment though that's for sure.

[SoCalsolar]

Jpm & ff

My point in using the CSI data to find a single system is that FF doesn't know the panel or inverter type. This would make it akin to a needle in a a hay stack. Who is the leasing company? Wow isn't great to lawyer up just to buy a house. I'm saving this thread for future reference so please keep us up to date on any developments. My best guess hmm, this can get tricky quick. So the previous owner is legally obligated to inform the lease/PPA holder some number of days before the sale of the house. If they don't and the house is sold then it would seem the legal recourse is on the original owner? The lease company is going to go after somebody. Whether that's you or the previous owner somebody is getting sued, this is CA after all and we're taking about 30-40k. I wouldn't plan on getting the solar for free. You may never pay for the solar itself but legal costs instead. The leasing company will likely offer you terms and generally there is some type of lien on the home. How much do you like the house? The original owner can usually buy out the lease at the time of sale, perhaps that is the plan but after 2 years the buyout is typically more than the purchase before tax credit etc as the lease company has already depreciated some amount of the system and the purchase messes with this process. After 7 years the buyout price typically drops significantly. I see legal action in your future or some type of buyout have fun but more importantly keep us up to date. What zip code or city are you in maybe JPM can find your system in the CSI?