Florida homeowners buy house advertised with "free" solar panels, then discover that the panels were financed by previous owner with $45,000 still owed, fearing that the lender will reclaim them: 'Surely we cannot be held responsible for the balance?'

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  • Senior couple reading through their finances in front of their solar-panelled house
  • Bought a house with "free" solar panels 1.5 years ago. Just found out $45K is owed on the panels.

    Location: Florida My wife and I bought a house around a year and a half ago.
  • The information about the previous owners that we've gotten is a bit hazy, but this is what we've gathered: the first owner and inhabitant of the house lived in the home for around 15 years, and died sometime around 2020- 2022.
  • The person we bought the house from did not live in the house, and rented it out for a while before selling it.
  • We do not know if there were any other owners between the original owner and the person that we bought it from.
  • The house has solar panels on it. We know that the panels were installed in 2020, by the original owner.
  • When we were looking at the house online, the description for the Zillow listing (which is still visible on Zillow, by the way) started and ended with "FREE SOLAR PANELS!!!!" We were told numerous times during the process of buying the house that the panels were fully paid off.
  • We closed without issue, and nothing was ever said about taking over a loan for the panels.
  • Last month, we refinanced our mortgage. The lender asked for proof of ownership of the solar panels.
  • Senior couple reading through their monthly finances at the dining room table
  • We weren't able to provide it. We have no documents from our purchase of the house that specifically mentioned solar panels.
  • Our purchase contract states that we are purchasing the house "together with all existing improvements and fixtures, including built-in appliances, built-in furnishings, and attached wall-to-wall carpet and flooring ("Real Property") unless specifically excluded in Paragraph 1(e) or by other terms of this contract." (Paragraph 1(e) is blank.) The purchase contract also states that we are purchasing Personal Property, including "range(s)/oven(s), refrigerator(s), dishwasher(s)..." It goes on to l
  • We tried reaching out to the solar company, but they said that they couldn't help us because the original owner financed the panels through an separate lender.
  • We reached out to the lender, but they also said that they couldn't give us any information without permission from the account holder.
  • Obviously we couldn't get permission from the account holder, because the account holder is dead. We were never able to provide the proof that the lender wanted, but they approved the refinance anyway, and we closed without issue.
  • We frequently receive mail addressed to the original owner, which we never open. But today, we noticed that there was mail for the original owner from the lender that they had used to finance the panels.
  • We opened it, and it showed an overdue balance of $12,000 to be paid by the end of the month.
  • The remaining principal on the loan was north of $45,000. We're not sure what to do.
  • Man holding a notice piece of paper that showcases money owed
  • Should we just ignore it? The loan is not in our name, and we never agreed to take over the loan, so surely we cannot be held responsible for the balance.
  • But does this mean that we don't own the panels? Could the lender take them, like foreclosure on a home or repossession of a car?
  • NetSiege One of three things should happen; 1) The loan for the solar panels was secured by the home, in which case title insurance should cover this. 2) The loan for the solar panels was secured with a UCC lien on the panels, in which case they may be able to retake possession of the equipment. 3) The loan for the solar panels was neither secured by the home or a UCC lien, in which case the loan company is screwed because they would have had to go through the previous owners estate in probate t
  • OP Throwaway029878 This is very helpful, thank you!
  • bicarbon Can you can even sell something that you don't own? My bet is that the solar company has a lien on the panels. This happened to my cousin and everyone just kept telling her to sign all the paperwork because" that's what everyone does". Both realtors basically sat on the sidelines while the lawyers figured it out and she worked out a new contract with the solar company on her terms.
  • Independent-Army1724 If you have proof that the seller listed the panels as part of the property when you purchased it, you may have legal protections. But depends on many factors including location, which I am not an expert on.
  • OldResponsibility 588 Sounds to me like you never opened that mail and you don't know anything about it
  • OP Throwaway029878 What mail? I have no idea what you're talking about.
  • bicarbon How do you have an account with the solar company? Did you sign anything assuming the panels or sign any separate paperwork with the solar company?
  • OP Throwaway029878 Honestly, I don't really remember (and neither does my wife), but I know my wife did it over the phone. We definitely didn't have to sign anything. When I say "account" I mean like an online phone app account, to track how much energy the panels are producing, get notifications if they go down, etc.

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