attached solar system that was a lease post foreclosure

Bought a property with an attached leased solar system. There was no solar lien on the tax roll as they are doing now to make themselves senior to the foreclosing benny. Since this system is fully attached to the property rendering it "real property" and not personal property at the time of sale and jr. to the foreclosing beny means it goes with the property right? In theory though. The property is now in escrow and title wont remove the lease agreement from the prelim--this is the response I got today----The solar is considered real property (attached to the building). But many companies are claiming this is personal property and not affixed to the property and not part of the real property. So technically, the panels can still belong to the solar company if the panels are considered personal property. Generally speaking the lien rights of a recorded solar contract can be wiped out in a foreclosure of a senior lien.. however, the panels can be the subject of a claim against the new owner or new lender as a personal item not covered by the foreclosure and the lien rights of the solar company. Please let me know if you need any further information, I’m sorry we could not remove it!

Anybody have any input or ideas. I'm stumped. Already went rounds with the solar company and they finally backed off after I presented the facts of civil code 2924 and that they are attached and no longer personal property but I cant reassure the buyer its going to be with the property or deliver a clear prelim



Edited 5 time(s). Last edit at 08/08/2015 12:24AM by nickelback.