Want to buy a foreclosure Auction property that has solar panels

[Scott Esmail]

I am wanting to buy a property in a online auction with the clerk of courts in my area. The foreclosure is for the mortgage not paid, the property current owner who is being foreclosed on also purchased solar panels in 2022 and financed them according to my searches. From my understanding the debt will be not wiped out with this auction.

So my question is if I buy this property does the debt belong to current owner and they will just come take back the panels. Or will there be a lien placed on the property and the only way that the lien will be removed is if I pay off the solar panels once I own it. 

[Tom Gimer]

@Scott Esmail You’ll need to find and pull the financing statement and review it carefully to get the answer. 

Is the UCC filed with the state OR is it recorded in the land records?

If it’s a chattel filing with the state, the foreclosure would not affect the secured party’s interest… they could still repossess the equipment. But if it’s a fixture filing recorded among the land records, then that junior lien may be extinguished in a properly-conducted foreclosure. 

Good luck.