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

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

Member since 2024 · 9 posts · 0 votes

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!

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  • Specialist · Winter Springs, FL · Member since 2009 · 1k+ posts · 747 votes
    6mo

    I think the problem might be that a mortgage is a lien on real property, while a UCC-1 is a lien on personal property, that in this case, is affixed to real property.  As a result, it's possible the foreclosure attorney may have decided the UCC-1 holder was not a proper party to the foreclosure.

    I think, and I'm not an attorney, since you haven't received a response to your demand, you could consider filing a declaratory judgment action against the secured party asking the court to order the defendant to either record a termination statement, provide a payoff statement, or you could demand they remove the equipment securing the lien from the property and file a termination of the UCC-1.  You could also look into whether the proper permits were pulled for the installation and if the installation was done by a licensed contractor.  At the very least, that should get their attention.

    As to getting title insurance, I doubt you'd get anyone to issue a policy unless the insured agrees to accept a policy with an exception for the UCC-1.  I assume you didn't get a policy yourself when you bought it?

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