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Re: attached solar system that was a lease post foreclosure

August 09, 2015 01:30PM
I've not seen these without at least a fixture "lien" but we did attempt to purchase a short sale a few years back with one of these. We didn't want to purchase the property with the system and be stuck with a 20 year lease. So after speaking with legal counsel, we were going to use the following approach. 1) Send a certified letter to the lien holder stating that we did not want the solar system and giving them a specific amount of time to remove the solar system. 2) After specified time had expired, to file a "belief of abandonment". If the solar system is being claimed as "personal property" this might work well since it should fall under the same rules as other personal property left behind upon sale/transfer. In our case our short sale purchase was not accepted and so we didn't have to test our approach.

In your case, since you are in escrow presumably to resell you don't have the time to use the above reproach. So, how about 1) looking for a different title company if there's no recorded lien, 2) sell the property with the lien in place?
Subject Author Views Posted

attached solar system that was a lease post foreclosure

nickelback 8602 August 07, 2015 09:19PM

Re: attached solar system that was a lease post foreclosure

Bill H 3582 August 08, 2015 10:21PM

Re: attached solar system that was a lease post foreclosure

Trebor 3540 August 09, 2015 01:30PM



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