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Updated 2 months ago on . Most recent reply

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5
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Mitch M.
2
Votes |
5
Posts

What happens to a solar lease in California AFTER Foreclosure?

Mitch M.
Posted

Title captures most of my question. I purchased a FIRST LIEN Purchase Money Mortgage that foreclosed, originally from 2006. The property had a first mortgage, as well as a second mortgage, both from the same purchase money lender.

After receiving the trustee’s deed and recording it, I discovered two “Independent Solar Energy Producer Contracts” recorded against the home. These contracts are both dated 2019 and appear to be lease agreements for solar equipment that I, nor the mortgage lender, were ever a party to. What's more, these contracts were never recorded before or during the foreclosure process, and the homeowner was actually in default on the first mortgage when they entered into these agreements. They were only recorded AFTER I recorded my deed. 

I’m curious about what my rights and responsibilities are in this situation. I have ZERO intention of making any payments on these contracts, nor do I want the equipment. I could care less what happens to the prior homeowner or if they go after him, as far as I am concerned.  The solar system adds no value to my property for rental purposes, and I may even be ripping up the roof & replacing it in the new year.

Beyond sending a nasty letter through my attorney via certified mail, demanding the company come pick up their equipment, am I required to take any further action or fulfill any obligations regarding these contracts? Can I charge them fees & rent for storage of their crap? It's a lease, not one of those clean energy assessment lien crap things. As you can tell... I am beyond furious they would pull a stunt of recording crap after I purchased the home. 

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