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Selling a House with Solar Panels is Not for the Faint of Heart

Green Building Law Update

But commonly, residential solar panel leases provide language similar to, You agree that the solar panel system is the Company’s personal property under the Uniform Commercial Code. That fixture filing is in most states a lien or encumbrance against the system. You understand and agree that this is a lease and not a sale agreement.

Leases 232
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PACE in Maryland is Not Keeping Pace

Green Building Law Update

PACE state enabling statutes generally authorize local governments to engage private sector lenders to provide upfront low interest financing to commercial property owners for energy efficiency, water conservation and renewable energy projects (e.g., million existing commercial buildings in the U.S. So, what is wrong?

Maryland 136
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HUD Jumpstarts PACE Financing for Homes

Green Building Law Update

The concept is not new, but nationally, residential PACE programs generally have been put on hold or foregone as a result of concerns of HUD and the Federal Home Loan Banks, that issued a directive in February 2011 to refrain from purchasing mortgage loans secured by properties with outstanding first lien PACE obligations.

Finance 120
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PACE Programs are Stepping Up the Pace

Green Building Law Update

Property assessed clean energy (PACE) programs, where payments for energy efficiency, water conservation and renewable energy improvements to commercial real estate are made through a building owner’s property tax bill are beginning to hit their stride. There were not similar concerns expressed about commercial loans.

Lien 120
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Selling a House with Solar Panels is Not for the Faint of Heart

Green Building Law Update

But commonly, residential solar panel leases provide language similar to, You agree that the solar panel system is the Company’s personal property under the Uniform Commercial Code. That fixture filing is in most states a lien or encumbrance against the system. You understand and agree that this is a lease and not a sale agreement.

Leases 179
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Selling a House with Solar Panels is Fraught with Peril

Green Building Law Update

That observed, many residential solar panel ‘leases’ contain language similar to, You agree that the solar panel system is the Company’s personal property under the Uniform Commercial Code. That fixture filing is in most states a lien or encumbrance against the system. The Company owns the solar panel system for all purposes.

Housing 207
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PACE Bill Due in Baltimore City

Green Building Law Update

The Department of Energy says that there are active commercial (as opposed to residential) PACE programs in at least 9 states and DC and enabling laws enacted or programs in development in another 23 states. Commercial PACE programs are still very new.

Baltimore 120