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Updated about 5 years ago on . Most recent reply

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Nehel Khanani
  • Woodside, CA
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Newbie Q: to buy or not to buy foreclosure with ucc lien

Nehel Khanani
  • Woodside, CA
Posted

Hi all, I'm pretty new to investing in real estate in the US and so sorry if this question sounds redundant! 

A property I'm interested in has this note on it

NOTE: Property is subject to a UCC Lien. Per Seller‚ Sellers title company may insure over the UCC lien. Buyer should confirm with Closing/Escrow company. 

1. How do find out what the amount of the UCC lien is and can i get title insurance to protect me when i buy the property?

2. in the Title insurance provided on auction.com (Dated aug 2016) I found some information about liens. How do we find out if these were paid off?

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Ted Strzelecki
  • Rental Property Investor
  • Boston
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Ted Strzelecki
  • Rental Property Investor
  • Boston
Replied

This is why solar leasing is terrible. So much misinformation. When you lease solar panels they put a UCC lien on the equipment true to hedge against you defaulting. HOWEVER in the case of a sale it becomes enforced as a lien to ensure the finance company holding the paper on your equipment doesn't get discarded with the new owners. This is the common issue in all 50 states and solar leasing companies do NOT want to transparently address it. Here's a link for you on how resi solar actually works in the event of a sale.  https://financere.nrel.gov/finance/content/residen...

In this notice the line - Financiers can take security interests as per the UCC, which is a set of legal rules for creating and enforcing rights in property subject to sales, leases, loans, and other types of transactions 

In other words it's harmless as long as you live there and payments if any needed are being made. Once any of the detailed signal a flag it's no longer a happy harmless "Just a UCC filing" 

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