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  • #91
    Originally posted by inetdog View Post

    The only interesting point of contention is that with a PPA instead of a lease or installment purchase, they have an outright ownership interest in the system rather than a lien against it. .......
    I am not sure it is a point of contention which would change the outcome. Whether ownership or security interest that interest was subordinate to the bank mortgage. All other interests were foreclosed by the bank. That is, except tax liens. Again, that is based on how things work in California. MA may be different..

    You are correct, Tesla could have removed the system before the foreclosure. That was probably why the bank gave them notice. That notice was probably required by law and Tesla did nothing as far as we know. I think that may constitute a waiver and if the foreclosure followed the rules I still believe Tesla no longer has any rights to the system. They can still try to chase the former owner.
    9 kW solar, 42kWh LFP storage. EV owner since 2012

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    • #92
      Originally posted by Ampster View Post

      I am not sure it is a point of contention which would change the outcome. Whether ownership or security interest that interest was subordinate to the bank mortgage. All other interests were foreclosed by the bank. That is, except tax liens. Again, that is based on how things work in California. MA may be different..

      You are correct, Tesla could have removed the system before the foreclosure. That was probably why the bank gave them notice. That notice was probably required by law and Tesla did nothing as far as we know. I think that may constitute a waiver and if the foreclosure followed the rules I still believe Tesla no longer has any rights to the system. They can still try to chase the former owner.
      As you say, the details may change with state law. If construction materials are incorporated into a home, they usually immediately become part of the home whether paid for or not, and the only protection for the material seller would be a lien, subject to mortgage or other liens. But this is the case of a system owned by another party which is installed on the home under a contract. That leaves a lot of room for different treatment by state.
      SunnyBoy 3000 US, 18 BP Solar 175B panels.

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      • #93
        Originally posted by inetdog View Post

        As you say, the details may change with state law. ..... But this is the case of a system owned by another party which is installed on the home under a contract. That leaves a lot of room for different treatment by state.
        That could be a possibility depending on the Uniform Commercial Code in MA.
        If that is the Law in MA, then the title company should have shown that interest on the title report. In that case the title company would be responsible for making the OP whole.
        9 kW solar, 42kWh LFP storage. EV owner since 2012

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        • #94
          Any update? It has been a while.

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          • #95
            Originally posted by beans31
            Unfortunately I have to delete this post. I tried to delete the entire thing, but it hasn't happened yet. So i deleted each of my responses/posts. The title company came across it in their investigation, which means later down the road Tesla would be likely to too. Sorry
            Understandable. Maybe when it is all over you can come back and let us know the outcome. Best of luck.

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            • #96
              As it turns out you can only delete your posts and if anybody quoted you that will remain unless they delete their posts. I would be happy to delete my posts but remember there are sites that cache these kind of forums so it may be futile. This is not about your intent but I can understand why the title company would want to be conservative until the legal issues are resolved.
              9 kW solar, 42kWh LFP storage. EV owner since 2012

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