Getting out a lease with NRG

[Tom Jones]

I'll keep this short...
In 2012 my mom signed a 20 year lease on solar panels with and in 2013 she stopped paying on the lease. The reason for default is because the solar panels were not producing what was promised in the sales pitch .

The sales agent has been taken to task by the attorney general here in Arizona for violating the ACFA . Recently my mom has decided to sell her house, and found out that there is a fixture lien attached to the title, despite not having received any preliminary notice.

So my question is would this contract be considered unconscionable because the seller made fraudulent claims? Also, can the seller attach the fixture lien onto the title without preliminary notice? However, if they are allowed to forgo the notice because of a security agreement, what would define it in the contract, the only thing that would resemble a security agreement is the "remedies of default" section. Is there any hope of getting out of this lease, and should we seek a contract attorney?

 

[Betty3]

Duplicate thread/post - question posted twice.

 

[army judge]

I'll keep this short...
In 2012 my mom signed a 20 year lease on solar panels with and in 2013 she stopped paying on the lease. The reason for default is because the solar panels were not producing what was promised in the sales pitch .

The sales agent has been taken to task by the attorney general here in Arizona for violating the ACFA . Recently my mom has decided to sell her house, and found out that there is a fixture lien attached to the title, despite not having received any preliminary notice.

So my question is would this contract be considered unconscionable because the seller made fraudulent claims? Also, can the seller attach the fixture lien onto the title without preliminary notice? However, if they are allowed to forgo the notice because of a security agreement, what would define it in the contract, the only thing that would resemble a security agreement is the "remedies of default" section. Is there any hope of getting out of this lease, and should we seek a contract attorney?

I removed the names because we don't require that level of specificity to answer your question.

If the name were James, as opposed to Judy, it wouldn't change the fact pattern.

Only a court after a trial and verdict has issued can declare something illegal.

A " contractor's lien" can be placed against the homeowner's deed.

Again, only after trial can it be determined if the lien lacked sufficiency or legality.

I see some inconsistencies in the process, maybe even irregularities, based upon your account of events.

That doesn't mean anything was illegal.

I suggest you discuss the matter with three or four licensed real estate attorneys in your county.

Most attorneys will meet with prospective clients free of charge for the first consultation.

Once you've met, discussed, you can deliberate and decide your next steps.

Here is some reading you can do to better understand the lien process in AZ:

http://www.azbar.org/media/75241/uplaa0401.pdf

Arizona Mechanics' Lien Foreclosure 101

Thompson Law Group - Arizona > Construction > Mechanic's Liens

http://constructionliens.uslegal.com/state-laws/arizona-construction-lien-law/

Arizona Mechanics Lien: How To File Your Claim - Avvo.com