All Forum Posts by: Paul Herold
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Post: Buying a home with a solar lease agreement?

- Temecula, CA
- Posts 1
- Votes 1
I am a real estate broker in California going through the same issue with a client selling his home. He is an investor who bought the property at trustee sale foreclosure auction. The law states anything attached to the property becomes real estate and transfers to the buyer at auction. If the solar panels are attached to the roof then they belong to the property. Sun run will fight you but the law is on your side do to the fact they are in 2nd position to the 1st mortgage and by law all and anything after the foreclosing mortgage is wiped out in California. Some states are different so i would consult with an attorney. Our attorney is dealing with them now. Also it is recommended that you file a small claims case against them to remove the null and void lease agreement from title. For this specific reason of losing panels to foreclosure, Solar companys have started attaching themselves to the tax rolls which are senior to the foreclosing loan. That makes them still in first position and there interest is not wiped out through foreclosure.