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Solar lease lien

Discussion in 'Liens & Encumbrances' started by jfiorello, Jan 24, 2017.

  1. jfiorello

    jfiorello Law Topic Starter New Member

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    Jurisdiction:
    California
    In March 2015 I leased a solar panel system from Sunedison. Sunedison declared bankruptcy in April of 2016 and can no longer be contacted because they seemed to have ceased operations and no calls or emails are answered. While trying to refinance my first mortgage it was discovered that Sunedison placed a lien on my property (even though the lease contract states that they would not) which is holding up the refinance because there is no one from, or at, Sunedison to sign an agreement to accept third lien position. My question is, is there any way to remove the Sunedison lien? Note that the solar system is still functioning and I am still paying the lease payments and the lease is current.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    The bankruptcy was a Chapter 11 which is a restructuring of the company not a dissolution.

    Here's an article:

    SunEdison files for Chapter 11 bankruptcy

    Here's SunEdison's website:

    SunEdison

    From the Investor Relations page I found information about the restructuring of the company:

    Home

    There should be enough contact information on the website to enable you to locate somebody to talk to about the lien.

    If not, you can use PACER to look up the bankruptcy and buy copies of documents from the file that will tell you who is doing what and where they are doing it:

    Public Access to Court Electronic Records

    If all else fails you may have to end up in court to get the lien released so don't count on refinancing your house any time soon.
     
  3. jfiorello

    jfiorello Law Topic Starter New Member

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  4. jfiorello

    jfiorello Law Topic Starter New Member

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    Thank you very much for the reply. With the exception of PACER, I already tried all the sites referenced, called all the numbers on the websites, and emailed all the addresses given there. I will try PACER, thanks for that information.

    It looks to me that Sunedison has closed it's doors, at least in California where I live. Their Facebook gives an address and telephone number in Benton, California. I looked it up on Google Maps and saw that Volkswagen has an office next door. I called Volkswagen and asked if Sunedison still occupied the building next to them and they said no.

    I also tried without success phoning the corporate headquarters in Maryland Heights, Missouri.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    The bankruptcy case file is likely to give you up to date information about the corporate officers and their locations or, at least, where and how to contact their attorney.

    Do you make your lease payments to a separate leasing company? If so, you might see what they have to say about it.
     

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