Solar lease default

[ARTSY0468]

Jurisdiction

New Jersey

Hello! I'm in need of advice to determine if I have any legal protections or should hire an attorney. My ex husband got the house in our divorce. I was removed from the deed/mortgage through refinance and he also transferred the solar lease to him at that time. This was in 2016. My ex has had financial trouble since the divorce and filed a chapter 7 bk. 6 months ago I received a debt collection letter from the attorney representing NJR clean energy indicating that the lease was in default and 23,000 is due immediately. I looked through all of my paperwork and could not find anything for the lease or transfer and contacted my ex. EX indicated that he also thought we did the transfer and would look for the documents. He never found them and admitted he'd had issues so I doubt he is going to be of any help. I responded to the attorney advising of the transfer in 2016, they have sent me an impartial copy of the lease with my signature and the notarized UCC paperwork which was forged! Now I'm suspicious of the solar company's handling of paperwork and think if their representative would notarize a forged document, then they must have failed to process the transfer or are hiding it since my ex filed bk and they can't get any money from him. To be clear, I signed the original lease, but must not have been present when the rep came to process the UCC document. My ex husband signed the UCC document without my knowledge and the NJR rep notarized that signature. Thinking they musy have misshandled the paperwork I informed the attorney of the forged signature and incomplete lease they are working with. They have now sent me identity theft paperwork requesting a police report within 30 days without explanation. Should I file a police report and if so, is it really identity theft? It's more a case of negligence by the solar company. I'm horrified that I don't have proof that thia debt is no longer mine.

 

[adjusterjack]

My ex husband signed the UCC document without my knowledge

The UCC document is not your contract. The lease that you signed is your contract. The UCC document is a recorded notice to the public that the contract exists.

See:

NJ Treasury - DORES - File UCC Financing Statements

That your ex signed the UCC document would appear irrelevant as to whether you are obligated for the debt.

They have now sent me identity theft paperwork requesting a police report within 30 days without explanation. Should I file a police report and if so, is it really identity theft?

No, it's not identity theft. No crime has been committed and you would be filing a false police report so I suggest you don't do that.

It's more a case of negligence by the solar company.

Actually, it's not. It's your negligence for not being involved in the transfer of the contract at the time of your divorce.

You signed over the deed to the house as part of the divorce agreement. You should have insisted on a document from the solar company relieving you of your obligation under the lease.

Without that I don't see where you have any protection though it would be a good idea to consult an attorney and not rely on my opinion.

 

[ARTSY0468]

The UCC document is not your contract. The lease that you signed is your contract. The UCC document is a recorded notice to the public that the contract exists.

See:

NJ Treasury - DORES - File UCC Financing Statements

That your ex signed the UCC document would appear irrelevant as to whether you are obligated for the debt.



No, it's not identity theft. No crime has been committed and you would be filing a false police report so I suggest you don't do that.



Actually, it's not. It's your negligence for not being involved in the transfer of the contract at the time of your divorce.

You signed over the deed to the house as part of the divorce agreement. You should have insisted on a document from the solar company relieving you of your obligation under the lease.

Without that I don't see where you have any protection though it would be a good idea to consult an attorney and not rely on my opinion.

Agree completely. This is embarassing that I failed tp do.my due dilligence here. So, if they did in fact never process this transfer, what lengths can they go to in order to collect?

 

[adjusterjack]

what lengths can they go to in order to collect?

The usual lengths. Lawsuit, judgment, followed by wage garnishment and/or bank account levy.

You might try your county recorder's website and look for a UCC-3 under your name, your ex's name and the company name. Had there been any change in the account a UCC-3 would have been filed.

If there is none, you could try offering a discounted cash settlement as full and final settlement of the debt, maybe 50% if you have the money.

Or, if you have significant other debts, maybe consider bankruptcy yourself.