UCC-1 fixture filing holder lender for solar system is not responding to settle

[Evan Gater]

Hello,

I purchased a house that has a UCC-1 fixture filing for a solar system in Florida (Osceola county). The lender was not named as a defendant in the foreclosure case. Assuming this lien survives the superior mortgage foreclosure, I am attempting to settle it; however, the lender is extremely slow to respond. UCC-1 initially filed with the county and then, they re-recorded it in the state before 5 years.

I made a settlement offer over 2 months ago, but they have not yet indicated whether it is accepted or rejected, despite my daily follow-up calls and emails. This delay is preventing us from doing anything about the house. What are my options in this situation? Is there a legal mechanism to remove or bypass this lien if the holder refuses to cooperate? Or, would we be able to sell and get a title insurance on this property under the current conditions? The lender told that this would create cloud on the title. Would a mortgage application be accepted for this house? What is the best approach to follow?

Thanks!