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. 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 list a few more things, but not solar panels.
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. 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?
EDIT: Thank you all for your replies! I appreciate everyone's input, and I feel a lot more comfortable about the situation now.
I did also want to clarify a few things:
1) The panels were financed through a third party company, NOT the solar company, so there is no risk of the solar company trying to shut anything down.
2) The lender has not contacted us at all, and has not tried to get us to pay anything. They are still sending bills to the original owner, who is deceased. I am just wondering if I need to take any steps preemptively, to prevent this from becoming an issue in the future.
3) As far as I know, there is no lien. I have now gone through the closing process twice, and nothing came up either time.
I think I've mostly gotten the information that I was looking for, so thank you! I will definitely continue to check the comments, though, in case anyone has any new insight.
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 to try to recoup for the debt.
The only scenario that impacts you is obviously #2, however if you think having a listing that says they're free and included is going to solve the issue, it may be much more complicated than that. The agent only has to make "reasonably sure" the information the seller gives is accurate, they're not there to play detective on confirming every detail of a listing. The seller would be the most likely to be liable for providing that false information to the agent, but now you're left with having to file a lawsuit against that seller and going through that process. It's also possible the seller points a finger back at the agent and says they never confirmed the solar panels were "free", in which case now you need to name both of them in the lawsuit.
For anyone that comes across this in the future, because I feel like this is happening more and more; do not buy a house with solar panels unless you have the full documentation and paper trail.
This is very helpful, thank you!
A few things to add on here as well, the first two may be too late to help you in this situation, but for the next potential home you buy or for anyone else.
1) Any time there is a questionable item like, solar panels no one has proof of how they were purchased, you get that added to your contract. At the very least it will help the judgment of a lawsuit potentially be more swift, collecting on that lawsuit however is still another matter.
2) While not required in many states, I would always advise to have a real estate attorney assist with contracts when buying/selling a home. Most of the time the fees are minimal (in comparison to buying/selling a home and all the other expenses that go with it), but they can assist in catching things like this and ensuring that the documents are properly amended to include what needs to be from your end. Some people rely on their real estate agents to do this, unfortunately many of them can be less concerned about your best interests and more concerned about their own.
3) Several others have mentioned that you shouldn't have opened the letter addressed to someone else, so without dwelling on that; now that you have opened it and are aware of the potential issues, I wouldn't ignore it. How likely this loan company is to come try to get their equipment, I couldn't tell you. But depending on the loan, it is very possible they have the right to attempt to retake it and will try to. If that's not something you're okay with, it's worth getting ahead of this and reaching out to a real estate attorney to help determine your next steps.
Option 1 or 2 SHOULD have been caught with the title report when you refied and the lender would not have approved the loan without docs. I’m guessing there’s no ucc/lien or the solar company erroneously failed to record it.
Based on the details given; that the lienholder is unaware that the original debtor died 5+ years ago and the house has been twice sold since, you may be right that the lender made some mistakes one way or another in processing/recording this loan. But in my opinion it's worth OP hiring an attorney to confirm that so they can comfortably tell the lender it's not their problem.
Correct me if I'm wrong but don't UCC liens need to be renewed every 5 years or so? What would happen if the lender forgot to renew and during the laps, the property was sold?
In theory; if the UCC lien was lapsed when the home was sold, then the lienholder could lose the ability to reclaim the secured item (the solar panels and whatever other parts of the system that were part of the installation).
However assuming a UCC lien was actually filed when the solar panels were purchased, that's unlikely given OP's time line. As you mentioned a UCC lien is valid for 5 years. According to OP's post, they claim to know the panels were installed in 2020 and they purchased the home approximately a year and a half ago. If both of those are accurate, it would be under the 5 year period and the lien should still have been active if field correctly.
There's a lot of assumptions here, and there's a chain of liability that may have to be untangled. Assuming everything was filed correctly, the lien was still valid, and OP's title insurance won't cover it (standard title insurance typically has an exclusion for UCC liens unless a separate UCC policy was added), then OP is at risk of the lien holder potentially being able to attempt to reclaim the secured item(s). They wouldn't necessarily be responsible for the debt, but the lien holder still has a claim to the secured item(s) and can attempt to reclaim them.
If OP doesn't want that to happen, they would have to potentially file a lawsuit for the amount remaining on the loan against the seller/agent to claim that they misrepresented the home in bad faith. Assuming they win that judgement, the seller/agent may then file a lawsuit with the previous owner who had the solar system installed's estate, which given that owner is deceased and the time that's passed, it may not even be possible. The standard is 2 years in most states, but there are potentially exceptions. Additionally it sounds like that owner died and the house was sold by their estate, which means the contract there may have even been written in such a way to try to remove indemnity between that purchaser and the owner's estate. If/during that second lawsuit playing out, the seller/agent that OP purchased the home from will likely file an injunction to delay payout until their lawsuit is completed to collect the funds to pay OP. Even if both judgements are won, collecting on them is another matter. During all of the above, OP needs to stave off the lienholder trying to reclaim the solar system.
All of this playing out could take years and is an attorney's dream in billable hours and could be OP's nightmare. I hope for their sake there was never a UCC lien filed which makes this a much easier scenario, but again, they need someone to at least start unraveling this to get ahead of the potential worst case scenario.
Congrats on being one of 2 other people to actually give good advice.
The only other thing I'd add is OP should try to figure out if the original lien was a standard UCC-1 or a UCC fixture lien as that has some additional implications.
Most likely the former if the title company missed it
In reality BOTH should have been filed. But as you mentioned, if it was missed by the title company, there was likely only a UCC-1 filed with the state.
Either way, either the lender or someone on the buyers side seriously missed something here.
Agreed that a prudent lender would file a backup fixture filing in case recharaterized, though in my experience some lenders don't bother as it becomes uneconomic to enforce their rights if they loose the PP point. This is especially the case if they cannot claim a super senior purchase money security interest, in which case they would likely be subordinated to a mortgage if recharacterized
An extra bonus fun thing no one addressed is that many solar loans are actually papered as leases as a first line of defense (and then file a backup standard UCC-1 and potentially a backup backup fixture filing). OP said loan but theres a potential they got confused given the leases are effectively economically loans. The loan actually being a lease would obviously make their situation even worse if the "lender" has and always has had title.
I DIY my panels and electronics. There is no financial documentation at all beyond the permits with the town which are closed out.
I didn't keep my credit card slips from the vendor. I might have a few invoices. Why should I? It was all cash transactions.
I think your advice is a bit situation specific. There is nothing wrong with buying a house with panels you just need to do the proper checks.
No lien no problem. Undiscovered lien is what title insurance is for.
First and easier thing to address is the "undiscoverd lien is what title insurance is for". Standard title insurance does NOT cover UCC liens. Unless a separate UCC lien policy was added, it's unlikely their title insurance is going to cover it.
Second, you're absolutely right that there are situations where a solar system could have been paid for in cash or purchased in another method that was unsecured. I feel like more often than not that is the exception when it comes to solar setups. Regardless of how likely/unlikely an ourstanding lease/lien is on the equipment, it's a risk making that purchase as a home buyer without knowing for certain what the status of that equipment is.
Putting myself in the shoes of a buyer potentially looking to buy your home, I would ask that you contact the vendor and request the paperwork showing how your equipment was paid for. If you were unable/unwilling to do that, I'd probably walk away from the sale just to ensure I don't end up in a situation like this. Or at the very least I would have paid separately for a UCC lien policy to be added to the title insurance to help protect against this scenario.
I'm not saying someone shouldn't buy a house with panels. I agree with you in comes down to that person being able to do the proper checks. Unfortunately I would guess the average person has no idea how to do properly confirm that.
I agree that the average person has no idea how to confirm it. But boy, sure seems like the kind of thing a title company should be verifying or at the very least flagging as an issue that needs to be resolved.
Unfortunately more often than not it's considered an add-on to be requested by the buyer, the buyers agent, or the buyers real estate lawyer (assuming they have one).
There are also different UCC liens. A UCC fixture lien gets filed with the county and gets attached to the home title. This more often than not comes up in a normal title search. A UCC-1 lien gets filed with the state and is backed by the solar hardware itself. Very often this can get overlooked as technically it's not attached to the title.
I just mean someone in the process should have flagged this as a potential issue and advised the buyer.
What type of paper trail are you suggesting? Asking as a home owner who installed my own solar.
For the OP- typically pricing for solar panels in 2020 was $3.50/w residential but the out of pocket material costs were around $1.0-.75/w. 5 years of exponential depreciation puts those units basically at parity scrap value to the financial company. I don't see them coming after you to claim the materials. Also, the value of that system is very unlikely $45k... Only use this knowledge if tactic 1) denial / object to ownership of responsibility doesn't work.
As someone who works in solar I've seen a lot of shady crap passed to residents. It's unfortunately made for some unsavoury thoughts on the true value of hedging energy costs by going solar. Hopefully this information helps!
Unless you took over the lease or it’s listed as a lean on the title I say kick rocks that’s for the solar panels
This. If there was a lien that wasn’t found that’s what title insurance is for.
yep. if no lien, not your problem.
Sounds like an unsecured loan. If so, I doubt they can place a lien
No, the answer to this depends on how OPs jurisdiction treats solar panels. If it’s treated as a fixture, the lender had to record it in the county real property records. Failure to do so would make the lender a general unsecured and they can sue for a judgement. Contact title insurance and let them do their thing. If It’s treated as a consumer goods then it’s a perfected purchase money security interest and OP would be on the hook.
Personally it seems pretty unlikely that it wouldn’t be considered a fixture. But the only way to know for sure is to contact a real estate lawyer. Who knew secured transactions would be helpful after all.
They would presumably sue the decedent’s estate, though, not the new homeowners. This was the responsibility of whoever oversaw the settlement of the estate and sold the house.
If the estate is settled then the lender has missed, by years, of getting the estate to pay for them.
I think in Florida a creditor has 90 days to place a claim against an estate after notice of death has been published. At least that was the case when my mother died 21 years ago. She had leased a car which was returned to the dealer after her death. We notified BOA who was the lease holder who told us once we sent them a copy of the death certificate we would not need to make any more payments. The car allegedly sat in the dealers lot until her lease was up six months later. 8 months later the estate was sent a bill for damages, missing hub caps, spare tire etc. We told them sorry estate has been settled and never heard from them again.
Yeah, for sure. It likely has been settled (although it took more than three years to settle my father’s estate, and someone purchasing brand new solar panels right before they died doesn’t scream, “I’m close to/prepared for death”).
Exactly. OP has possession of the panels but didn’t expressly assume the debt. Given Florida apparently treats financed solar panels as consumer goods with UCC-1s, I could see the lender trying to repossess
Used panels form 2020 aren't worth repossessing.
Which is probably why the lender hasn’t done so yet
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I love that someone is breaking out the UCC on Reddit. I agree with you, btw.
The creditor would still have to file a UCC-1 to have the lien actually perfected. If there’s no UCC, the lien is attached but not perfected. It sounds like in Florida financed solar panels are considered consumer goods, so the lender should have filed a UCC-1.
If I were OP, I’d be asking the title company if they did a UCC search for the solar panels during the title work. I don’t think OP would necessarily be on the hook for the owed amount, but the lender could probably come repossess the panels if they wanted
No, purchase money security interests in consumer goods do not require a ucc-1 to become perfected. Only a pmsi in equipment or inventory requires filing. A pmsi in consumer goods automatically perfects upon attachment and is granted super priority over existing blanket liens. See UCC 9-309; 9-324.
Your second point is right though, op should contact their title insurance and let them handle this fight.
To be clear, when you posted "on the hook" in your previous statement, the new owner on the house is not "on the hook" from a contractual standpoint to repay the loan. The only thing that they are now "on the hook" for is that they have someone else's collateral attached to their house which the lender can come and repossess (assuming that their lien is actually valid).
As an aside, there's almost no real world scenario in which the new lender is going to come repossess those panels. It's not worth the cost to do it versus the value of the collateral and their obligation to make sure that the roof is returned to it's prior state.
Wouldn’t there still need to be a security grant in the original purchase agreement for the panels to create a PMSI?
Exactly. I'm preparing for the Feb 26 bar exam now and was just wondering the same thing about "Article 9". I needed a real-world example, here it is.
I always weirdly loved Secured Transactions. Maybe it was my Elizabeth Warren textbook.
This is the correct answer, contact the Title Company that handled your home purchase and let them figure it out.
My panels were an unsecured loan so quite possible.
They could disable the panels, which could make some cost to have somebody come out and reset the equipment and possibly some equipment replacement!
But won’t it be their problem when the solar company comes to repossess their equipment?
That's why you always buy title insurance.
It's possible the title insurance won't cover this, but it's also possible it will. And it's also possible that this really and truly is not the buyer's problem, but the seller's problem. And there's an outcome where they really do come to get the panels.
But my first stop would be to call my title company. It's the free option.
This is complicated because there's a dead person involved in this--if the dead person is the one who took out the loan, and the estate closed without addressing it, the solar company is probably fucked at this point because the estate closed years ago.
So if they come to repo the panels they are going to have to repair the holes left in the roof. So they are out the 45k plus the fee for a crew to go and remove panels, fix holes and leave the electric in a safe condition. Then they are stuck with a pile of 6 yr old panels no one wants.
exactly. no one is coming to get those panels.
And ultimately, the bulk of the cost of installing solar panels isn't the panels, it's the labor.
A very good consumer panel is $300-400. An average install is probably 10-20 of these. The inverters aren't terribly much either. The rest of that loan is the labor to put it up and wire it.
Yup I got a bunch of them on my roof I overpaid for since my state does not allow self install
Contact homeowner’s carrier if title insurance contains an exception for it.
The title companies lawyers will need to deal with them.
Solar company was paid by the private lender. They have no incentive to repossess. The lender would have to hire someone. And that person would be liable for damages and also have no right to be on the property. No one is going to take that job. The lenders recourse would be a lien on the property. But since that wasn’t done at the closing of the loan, they can’t do that without a judgement, which they will not get since the current owner didn’t sign anything. Lender is out the money.
Yes, fantastic point.
Lol no. No one's is repoing solar panels from anyone's roof. The most they can do is remotely brick them.....if they have the ability. Probably do not.
After a quick google, it seems repossession is possible, but very uncommon. More likely is they turn off the service.
Generally, used panels are quite low-value. It's not that five-year-old panels are likely to have degraded much (they probably haven't); they may have been superseded by newer, better panels, and new panels are simply not very expensive anymore. A buyer is likely to want new panels, backed by a warranty, and in the exact number and size/configuration they need for a project, not out-of-warranty gear that likely requires mixing-and-matching different panels.
But the major issue for a potential repo is that rolling a truck, with a crew, will cost more than the panels are worth. Work on a roof is expensive, and the repo company could even be liable for damage to the roof, which isn't unlikely with a careless crew removing panels and/or racking. Turning off the system via the inverter, which may be connected via cell networks (mine is) is much simpler as an enforcement mechanism.
The good news is, if you don't have micro-inverters, your inverter is probably accessible from ground level, and could definitely be replaced separately from the rest of the system if necessary. (They're designed that way because inverters are a normal failure point, and sometimes need replacement.) If the loan-holder is a different entity from the installer, it would be simplest to just call the installer and ask them to replace or re-activate the inverter. Installers are sometimes reticent to fix someone else's work, lest they become liable for issues in a system they didn't install.
If you are reasonably handy, this may even be a DIY situation. The work isn't particularly difficult, the hitch is usually understanding how to do this in a to-code way, including what requirements your local jurisdiction has. Unfortunately, local requirements and de-facto unofficial requirements are not always easily determined, and it would be simpler but more expensive to hire someone to do the work.
You can’t brick solar unless you disconnect it physically. If they have a remote “lock” it’s a quick fix to remove the equipment and replace with your own.
Not impossible. They can remotely monitor the inverter, update firmware and lock it as well, unless it's old school and not connected to them via internet. Not a quick fix to replace an inverter for your average diy averse homeowner.
I just hope the purchaser has title insurance. I heard recently many of the policies cover the lender to the home purchaser (to protect lender’s collateral) and not the purchaser himself in case of issues like this.
There are lender’s title policies that cover the home lender and there are owner’s policies that cover the owner (the buyer in this case). Unfortunately, often buyer’s cheap out and don’t spend the extra $ for an owner’s policy.
Right. If there’s no lien on the title and you never assumed the loan or lease, the debt isn’t yours. The solar lender’s issue is with the original owner or their estate, not you.
Had the same thing happened to me. Bought a house and three months later they told us that we owed on the solar panels that were on the roof. Contacted the Title insurance company because they were supposed to have checked for a clean title and they said no lien existed when they did the search. If the solar panel company did not get a lien against the property just a loan from the previous owner, you owe them nothing. There was still $30,000 Left on the loan, but since they had failed to get a lien on the house, we did hire a lawyer and got them to write a letter for giving the loan and giving us clear title to the solar panels
That seems to be the correct answer. Currently they have no one coming after them to remove the solar panels or make them pay for them. They found out accidentally. Until anyone comes to them seeking payment or trying to repossess the panels, they can go ahead and pretend like they never saw the letter addressed to the previous owner. Could be worth a call to the title insurance company to ensure their were no leins listed at closing.
I wouldn’t let them remove
Hell no call the police. Unless they have a court order they can F off.
Agreed, but that would be part of a legal process. They can't just show up and rip them off. (As far as I know, this could vary by jurisdiction)
Formally this becomes a civil matter and you cannot come help yourself to your materials in dispute
Agreed. Their loss from stupidity.
*lien
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There is probably a UCC financing statement filed that the title company should have picked up and researched. UCCs can be secured by fixtures, fixtures are considered real estate if they are permanently affixed to the property….. and solar panels pose a risk/problem to lenders and title companies in general.
Theres almost certainly a lien against the home for the panels that didnt get disclosed during closing. Its unlikely the investment buyer that picked up the house knew that as it probably came up as a clean title during their buy as well so probably cant go after them for the bill if the lender comes knocking. This would presumably be handled by title insurance.
That is if the lender ever does anything.
I would think that this is the proof that ownership of the solar panels has passed to you as the new owners under this contract. Regarding the loan that the previous owner took out, that's between the lender and the estate. The lender should have filed a lien on the property unless the loan was structured more like a personal loan. If there was a lean that didn't get paid, then I would expect you title insurance to kick in to cover the mistake in the title process.
My unprofessional opinion is that this is not your problem. The lender will go after the previous owner's estate for the balance. If there was a lean and you get a letter about it, pass it along to the title insurance company and let them handle it.
By the way, don't open other people's mail.
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.
I'm also interested in the answer to "can you actually sell something that you don't own?"
I will add, though, that I did actually read everything that I signed when buying the house, and I read it all again last month when trying to find proof of solar panel ownership when refinancing. I know for certain that none of the documents that we signed mention a loan or a lien on the panels.
Another interesting tidbit is that, as far as the solar company and the electric company know, we own the panels. We have accounts with both companies that allow us to control the panels, check their performance, etc. The panels were financed through an independent lender, and apparently the lender is the only one that seems to know that the loan exists.
If the panels were truly financed and not leased, then they can absolutely be sold because they were owned by the previous homeowner. The bank doesn't own the thing they give you a loan for. However, they can add a lien to the house which will cause the outstanding balance to be due upon sale of the house. What's not clear is if there was a lien on the home that should have caused the loan for the solar panels to be paid off when the house was sold. If there was, then that's what title insurance is for because that means the title company missed it during closing.
Don't contact the lender. Don't send them money. They had an arrangement with the previous homeowner, not you. If they contact you, reach out to the title company you used and explain the situation and ask them to verify if there was a lien on the property that was missed.
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?
I have a home that came with solar panels.
I had to have an independent company come and do the connection to the grid they just had to install some device to track usage before I was allowed to have the electric company connect them.
OP mentioned it was financed though a third party so as long as the solar company is concerned they are paid off.
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.
Not a lawyer. But the house seller did own the solar panels. The question probably isn’t whether they owned them, unless it was some kind of leasing agreement, it’s the conditions of the loan. If the solar panel loan had a lien against the house then the seller still “owned” the house, but shouldn’t have been able to transfer the title without dealing with the loan. But, as other people have said, that’s a matter for title insurance.
But, unless it was structured as a lease, this is not a “can you sell something you don’t own” question. It’s lien question. If there is a lien, it’s time for a lawyer and title insurance. Because any lien would be on the property, not the individual. It seems unlikely that it was just a personal loan, but if it was, the it’s the seller’s problem.
Absolutely you can sell things you don’t own. It happens all the time on the stock market - it’s called options trading.
In all seriousness, though, selling something you don’t own happens all the time - most people don’t own their houses outright before selling and moving. Typically the contract is written so that the selling party must pay off the bank note held in their name out of the sale funds.
The solar panels - in a typical real estate transaction everything attached to the house is conveyed during the sale - including the solar panels.
This is to prevent the previous owners from doing something like ripping out the water heater and taking it to their new house then conveying a damaged house to the new owner.
Items attached to the house, that are not wholly owned, can be listed separately, and an amendment added to transfer the loan to the new owners or a purchase price can be negotiated to pay off the loan directly.
If the person listed on the SP loan fails to do this, then the panels convey to the new owners with the house and the seller has no leg to stand on to attempt to reclaim the solar panels - but still owes the money to the lender.
IANAL, just someone who has unfortunately handled a couple of estates, one of which was sued. When a person dies, all of their debts belong to their estate. People/companies have to file a lawsuit to recover debt from an estate. The executor of the estate or their representative (attorney) must put an ad in the newspaper so that someone (at a company such as the company that lent money to the original owner for solar panels) could see that they have passed away. The estate must remain open for a certain amount of time after this ad was placed, waiting to be sued essentially. If no lawsuit is filed or when all lawsuits are settled, the estate can be closed. Once the estate is closed, noone (no company) has any claim on a debt the deceased incurred during their lifetime. You should be in the clear.
This was my thinking. And as far as I know, if there is no estate, debtors have 1 year to collect.
The caveat to this is if the loan company has a perfected security interest in the panels, they can still come take them even if the debt is uncollectable after being cut off in the estate.
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You did. Solar panels are the wild wild west of home improvements.
Stuff like this is happening all the time due to the shady nature of solar panel installation and solar panel financing.
Sadly I would suspect that the lien holder is hopeful and in reality has nothing. They are betting on your ignorance and hoping to get something out of you. I would not ignore it, but I also wouldn't pay them anything. Going to the Title company that processed your purchase is s good place to start.
The title company should have discovered this during your purchase. This should be on them.
They haven’t even contacted OP. OP only knows about this from opening the past owner’s mail
Do you have a link by chance? If it's a similar situation I'd be interested in seeing the replies to that person.
Somewhat similar situation involving a purchased home and the previous homeowner had not finished paying the loan off.
Thank you! The top comment on that post makes me feel a lot better!
there a good chance that that mail to previous owner showed up because you called, figured they could either fleece you for more or get what they want without a fight.
I'm pretty sure they've been sending it every month. We ignored it previously, but it caught our attention this time because we know now the relevance of the company.
That's fair, also generally opening random mail is frowned upon.
Hopefully you get it figured out before too long, and don't sign nothing. But hey have a goodnight either way and I hope you enjoy the property otherwise.
The panels should have been paid from the estate of the original owner since they were installed while the person owned the house. After death, all leins & outstanding bills should have been paid out from the estate. If there was any leins against the property, the title company should have identified it.
Idk but if you got anymore then ill tell ya
I’m a realtor selling a house right now with this situation.
The previous owner passed away, and the mortgage company foreclosed then sold at auction. We had title done it’s clean. Assumed the new solar panels were owned and paid off. Actually, they were purchased, financed, then refinanced with a third company that didn’t have a lien filed. The balance is roughly 30k but that’s with the previous owner, who is deceased. The panels will transfer with the home sale next week. They have no authority to retrieve them or try and collect. It will be a loss for the lender to the gain of the buyer. If it was a lease, completely different story.
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What mail? I have no idea what you're talking about.
Solar panels aside, I'd suggest deleting this post upon getting all the info you can from it or (not recommended) edit out the source of information about the loan on the panels.
As for future mail to past residents, mark them "return to sender" and "does not live here" and leave them attached to your mailbox for the postman to grab whenever they come to your home. This will stop some mail, as for others, talk to your local postmaster and they may stop delivery of mail for that named person and auto-redirect it back to sender.
Do Not do anything else to the unwanted mail aside from turning back over to your local postal authorities so as to avoid doing something unlawful and catching heat for it.
NAL, I think the big question here is if the panels were purchased by the original owner with a loan, or if they are leased.
If they are leased, you could maybe get screwed and they could be repossessed.
If they were purchased, and there isn't a lien on the property, you are probably in the clear. As the seller would still be paying that loan, usually someone would price paying off their loan for the panels into the sale.
If there is a lien or an attempt to put a lien on the property. That's what title insurance is for.
Also, don't open other people's mail. If mail for the old person is going there write, the person doesn't live there on the letter and put it back in the mail box. Or go to the post office and tell them there. I think you mentioned the owner was deceased. You can write that on the letters and put it back in the mailbox.
Sometimes I open my mail without looking who it is addressed to
Also, if this is in the US it's likely illegal to open the mail since it's not addressed to you. Even if they are deceased.
I always Mark any mail received for past residents as "Not At This Address, Return to sender" The senders then update their Data to show the address is no longer valid for that person.
Shouldn't the title company be on the hook for loans/liens against the property? I thought that was what the title company and title insurance were for?
Yes it seems this is what the SHOULD occupies. Lots of shoulds going on here, so I hope the OP gets what SHOULD be done. I'm with you.
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.
We immediately took a screenshot of the Zillow page (which fortunately still had the description for the listing). While not the best, that is some amount of proof, at least. I'll probably contact the real estate agent that we used tomorrow to see if he has any documentation that could help. Thanks!
You should have received a copy of all of the paperwork that you signed. We were given a paper copy and a digital copy on a flash drive.
I have stacks of paperwork, but none of them explicitly mention solar panels, unfortunately. We looked through every page last month when trying to find proof of ownership for the bank when refinancing. As far as contacting the real estate agent, my thought was that maybe he might still have a copy of the MLS listing or texts/emails from the seller's agent that could further prove that the house was listed/advertised as having paid-off panels.
Back up the page on the way back machine (archive.org) that’ll maintain a third-party, time stamped screenshot of the page.
shouldn't this have been revealed in title?
Thinking about this logically, the solar company hasn’t been paid in somewhere between 4 and 6 years. If they haven’t come taken the panels off the house yet, I think it’s extremely unlikely they plan to now.
There’s no scenario where you have to pay them the debt. The only scenario is you needing to allow them to repossess the panels. And they haven’t done that in the half decade they have been delinquent.
I would crumple the letter up and not worry until/unless something else comes up.
Contact the title company. When you purchase a home it's the title company's due diligence to research title and come up with any liens. Part of the monies you paid for them processing this transaction goes towards title insurance.
This plus what others have said about the finance company owning the panels.
The title company’s job is to protect you (or at least research and call out) from this sort of thing…though I’d also have words with the realtor, as that’s just bad form to not inquire about the state of the panels (read: passing along no info is just as bad as false info).
It is illegal to open other people’s mail, dead or alive. I would burn the letter and pretend I know nothing about it. I would check regularly to make sure no liens are placed on the property. Ignorance is bliss. If another letter comes, write “person deceased, return to sender” and drop it in the mailbox.
This is a fact it's a federal crime.
Don’t make a payment either or it becomes your problem
Depends on the loan type.
Unsecured loan - likely little to no recourse for the lender as the debtor is deceased.
Secured loan - gonna depend on what was used for collateral, i.e. the panels, the house, other property, etc.
The original owners estate should have notified the lender of their demise and/or published notice to settle the estate. If the panels were used as collateral, then the lender will have to determine 1)their current resale value (tech changes rapidly), removal and recovery costs. 5 year old panels likely won't be deemed sufficient to offset dismantling and removal of the system for sale.
Find the obituary and send it to the lender. They can contact next of kin for a death certificate.
Before you do anything, consult a qualified attorney where you live. I'm not even sure what type, other than a civil attorney, you'd need in this particular situation.
As for additional mail for the deceased, mark it "deceased, return to sender" and black out any barcodes.
Reseal the letter, mark it as return to sender and take it to the post office. Continue to do this with all future mail for the previous owner. You in good faith purchased a house with solar panels. Nothing in your contracts stipulation finance for the panels so not your problem. This is an issue for the finance company to take up with the previous owners estate.
You don't do anything. It's not your debt and the lender isn't addressing the debt to you.
You don't inherit the debt because you bought the house. That's on the former owners.
NAL. it’s not your problem, the decease’s estate is responsible
I just bought a house that claimed the same. Saw the lien for them in the disclosures. Made sure that the solar must be paid off in the contract. If they disclosed the lien for the solar then you are sol. If they didn't, and you can prove they claimed they were paid off (or insinuated such), then you have a case to sue.
Thanks. I've looked through the Closing Disclosure (and all of the other documents) many times, and there is no mention of a lien. (There's not mention of solar panels at all, actually.) So it seems like we're in the "case to sue" camp.
I guess the question, though, is do I even need to? They haven't actually come after us at all. The original owner has been dead for years and they apparently just keep sending her bills every month. I feel like I should probably just let it be for now?
Also, didn't admit to anyone that you opened the deceased person's mail. That night get you in some sort of trouble.
Yeah, the dead persons estate should have seen them as a creditor and sent a certificate of death.
If you bought the house and got a mortgage on it with no lien on the house, from my experience doing years of customer service in solar we had bankruptcies, deaths, foreclosures etc, basically at your point, you’re good.
It sounds like You didn’t assume the debt as you never signed anything and the lender are typically not even going to attempt to repossess the hardware as it would cost them significant money and the well used hardware is relatively worthless on the secondhand market with 5+ years in it. Maybe sell for $2-3k, but they’d have to hire someone to do it on their behalf.
they are way past the time to file a claim against the original owner’s estate (assuming it was the probate estate that sold to the intermediary owner). And they should have filed a lien against the property in 2020. The panel company is SOL.
From now on put return to sender on the letters and put them back in the mail box... Not your mail not your problem. Let them try and take you to court if it comes down to it.
You ignore it. You bought a house with existing features. You dont pay others bills, especially dead peoples. Dead peoples debts die with them
The lender is SOL in this case, you dont have a contract with them.
Enjoy your panels.
I'm not sure about repossession or any of the other issues but, as a roofer... IF they say they're coming to get the panels then you need to do a couple of things.
1) They are not allowed on your property without you present. No exceptions. They work around your schedule, watch them like a hawk. Solar crews are notorious for being careless on roofs. 2) Have a reputable roofer come thoroughly document the CURRENT condition of the roof BEFORE they get there, and then again after the panels are removed. 3) Make sure it is in writing that there are no penetrations to remain and all damaged shingles are to be replaced. Roofing sealant/tar is NOT an acceptable way to seal areas where brackets, rails, or mounting plates used to be. 4) Make sure you make them aware that they ARE responsible for any future problems on your roof within a reasonable length of time after the work, and that you arent signing anything that states otherwise. 5) Read everything you need to sign very thoroughly before you do.
Maybe more, I'm sure others will have more thoughts. Hope that helps, though!
Title company should have found it. Call them, if there is no lien on the house the solar company screwed up and they are yours now. If there is a lien on the property and the title company missed it they have to fix it- that’s what title insurance is for
Solar panels are secured by a UCC-1 statement, a lien against them, not your house. If you did not assume the loan, tell them to come and take them, since the loan is not in your name...and odds are they will not and just write off the debt. I would reviewer your loan docs to see if you did or did not sign anything assuming the loan. *** I am in home lending and see UCC filings often.
Do lenders really require "proof of ownership of the panels"?
Ignoring the fact that you can logically never "prove" that you own them, it would seem to me that the default assumption would be that they are owned and that it would be up to somebody else to show that I do not own them.
NAL, but work in home lending. In purchases, the lenders want to see proof of the solar loan/lease transfer or proof the panels are paid in full to avoid this exact situation. Even if the panels aren't listed in the contract, as soon as they're seen on an appraisal we get extra steps added on.
How is that different, other then the solar industry is an even bigger cluster f**k then the home improvement industry, then any other home improvement?
I designed and built my solar system and paid cash for every part of it. Fully inspected, permitted and connected to the grid. If a lender asked me to "prove I owned it" I would be "Do you also want me to prove I own the building they are installed on?"
Removing the solar panels could easily result in roof leaks (especially if they also want to take the wires and mounting hardware) so them taking the panels isn't a great option although it may be the company doesn't actually want the panels (not much market for used panels) except as a way to compel payment
The company has to pay for damages upon removal.
It’s not your debt and not your problem.
Frequently these loans are not filed with liens on the real property. I beleive it's because they are lazy and cheap.
You have title insurance. I would make sure I had a copy of the title insurance. You bought real property with attached improvements that are part of your property and you closed through title.
Until someone tries to collect from you I wouldn't do much except gather paperwork and read.
Opening someone else’s mail is a crime.
Get a real estate attorney, and explain the situation to them. Only tell the attorney that you opened said mail. Do not tell anyone else. That disclosed fact is protected by attorney-client privilege.
Follow attorneys advice. Odds are you now have free solar panels.
Opening someone else's mail is a "crime." I'd love to see the last time someone was prosecuted for it in a case like this. There's no chance that the federal government is going to prosecute you for it, and I'm not sure what civil statute it would fall under. There's probably also some element of intent that factors into it, so the OP is 100% fine.
You actually may have a claim against the original owner and the second owner. When a house is sold, there is a title search, and Eileen search. What should have happened, is the lien on the house against the solar panels should’ve been identified. If you had title insurance, that would cover it. You need to go back and look at the records in the city or county. Ultimately, you may end up losing the panels. But the loss should not be against you, but rather the previous owner.
So the first thing you should do is edit your post to remove the part about committing a federal crime!
Title insurance covers this
Sorry, when I said "Free" solar panels, I meant I would be free of their debt, not you.
You should be sending the mail back to the sender with a notification that the former owner is deceased.
I don't know about the panels, but why are you knowingly opening mail addressed to another person. "Return to Sender - Deceased" and let the sender figure it out.
Ok this is a fairly straight forward secured transaction questions with a fairly not straight forward answer. The classic lawyer answer is it depends on how the loan is categorized - is it a consumer goods, or is it a fixture. How your state categorizes this in case law will determine how this will come out.
First, a fixture is a very specific legal term of art. It requires three things: (1) annexation (is it permanently affixed); (2) adaptation (is it adapted for a particular purpose of the house); and (3) intent to be permanent by original parties. This would obviously qualify. Loans on fixtures need to be filed in the county real property records to be perfected and enforceable against 3rd parties (you). If they didn’t, they are a general unsecured and cannot repossess them, but can go to court and get a judgement.
There’s a big caveat tho - there are jurisdictions that don’t consider solar panels as fixtures. In that case, they would be considered consumer goods, and the loan that allowed the original owner to acquire them is a purchase money security interest. Pmsi in consumer goods automatically perfect, and you as a subsequent purchaser wouldn’t take free of it because you are not a buyer in the ordinary course. This is unlikely to me, but the only way to know is for you to contact a local real estate attorney and get a definitive answer.
*edit - I just quick-searched Florida and got a lot of conflicting answers to whether solar panels are considered fixtures. You really need a lawyer to answer this. Good luck and god speed
NAL
screams in land surveyor GAWFUGGIN TITLE REPORT….HOW THA FUUUU******
But seriously, something of that scale really should be in a title report.
Title insurance will deal with it. They can pound sand if it's outside the purview.
Yeah this should have all been discussed with your realtor and you should have had questions when you saw them on the roof and all of this should have been in writing. Sometimes it goes with the house in the new owner assumes the payments. Caveat emptor. Who knows what your situation is but I'm very very surprised that you were so naive about it and didn't ask the right questions. And if they gave you the wrong answers I hope you have them in writing cuz you certainly have a claim
The lender missed opportunities to collect during probate and at least two sales of the home. How many do-overs do they get?
They sold you the solar panels, but they are on the hook for the payment. It´s like buying a car on credit, and selling it. The new owner has the car but old owner is on the credit.
They can not go after you for the panel money. However, if the panels are ´rented´ until final payment, then he sold something that wasn´t his. In which case they can repo the panels, and you can sue him to get the cash back of the panels. Since it was payed for in the house price
Ignore that.
So there was no lien against the title?
Closing lawyer (yours) would have or should have performed a title search for any registered liens. If there was lien for the equipment then it should have been paid and discharged
I’m a Realtor who has sold homes with solar panels and ensured this step was taken. The status of the solar panels was fully disclosed and became part of the agreement of purchase and sale
As the purchaser of the home , you should have requested free and clear title of the solar panels was
The ways it looks though, since it was not part of the APS , the estate trustees will be on the hook funds / payments due.
I would not let anyone on my property to remove the panels or remove any equipment associated with the system in the event they do damage. The likely hood of this happening appears remote …but you never know
Original owner financed the panels, they're dead. Contact the loan place, even just next mail you get from them is fine.
Return to Sender, person deceased.
It's null & void loan, you aren't responsible for it. The solar company can't remove them as house has transferred ownership...at least twice & a title company hasn't found the issue either time.
If probably ignore. I for sure would print the original listing and keep with your original closing and refinance documents. If you want to do anything you could reach out to your title insurance company and ask.
Some bad advice here
Solar companies and borrowers general agree to treat solar panels as personal property rather than real property / fixtures. While the this contract doesn't definitively make it personal property, the intent of the parties is an important factor.
Assuming for a second that the original owner did agree to treat as personal property (highly likely):
You may never purchased the panels because they were (allegedly) never part of the real property
The title search likely missed it because they were secured with a UCC-1 financing statement rather than a mortgage or fixture lien.
This all might give the right for the lender to come take the panels (if they will bother to do so is another matter).
That your purchase contract includes personal property is irrelevant if the intermediate owner never owned the panels (he could not sell which he did not own). Even if you do now have title, that doesnt necessarily mean the lien is cleared.
Another important factor is if the original owner was forclosed upon as that could create an argument that all existing liens were cleared (assuming can convince judge the panels are real property).
In summary, you may or may not own the panels. Even if you own the panels, the solar company likely still has a lien and the right to take the panels and you cannot stop them for doing so. In no state of the world are you legally responsible for the loan balance. If the solar company never exercises their right to take the panels (assuming thsy have one) you are stuck in limbo with a clouded title to the panels.
The immediate step is to raise this with your title company. Longer term, you may be able to sue the seller who sold you the property for misrepresentation (not clear if you have any damages right now but certainly would if the lender took the panels). They are also potentially ways to end a limbo status -- if they let the UCC lapse by not renewing it -- with a declaratory judgement from a court that the property was abandoned and you now have title.
The reason you pay for escrow insurance is to protect you from this.
Next time put “return to sender” it’s not your problem
This right here. Most certainly not your problem.
It's absolutely criminal what companies charge to put solar panels on houses....
From what you’ve described, you owe nothing. Death is a natural business risk. Anytime you take out a loan. Unless you physically signed a document that says you are taking over the loan it never transferred to you. If I were you, I would enjoy your free solar.
If someone financed a car and left it on the property, is the car loan your responsibility? No. Sounds to me the homeowner financed the panels with an unsecured bank loan. If the house wasn’t used as collateral then it’s not your problem. The previous owner is responsible for their own debt.
The balance would have to be paid from the previous owner’s Estate. So just write back on an UNopened envelope “Return to Sender, Recipient Died”. If they send another bill, do the same thing & return it by Registered Return Mail so they have to sign for it. Record all of this. You are NOT responsible for the panel loan. And the sale of the house that YOU paid for should’ve been used to pay off his debts. Those are now YOUR panels & don’t let anyone else try to tell you any different!
You could assuage your conscience by consulting a lawyer, but the panel company really doesn’t have a leg to stand on trying to collect from you.
This would be like you being stuck with his unpaid utility bill or buying a car that’s still owed on. You’re the new owner, their Estate has to settle it all. The panel company will have to file to be paid by his Estate, whether he had one of much consequence or not.
Did you get title insurance when you bought the house? If so you need to file a claim, provided the lender filed a fixture filing in the real property records.
If you did not get title insurance you should find a way to work with the lender and give them a few thousand bucks to release the lien. Also, working with the seller might be helpful too.
Depending how important your refinance or whatever you are doing is, you should probably get a lawyer.
When we bought our house it came with a pool table, central air conditioning, and a refrigerator. They were all included in the price of the house, and sold as part of the house. Unless that is otherwise noted in your closing paperwork that the debt would go to you, or there was an existing lien on the property, etc. it would not seem to be your problem.
Usually things attached to the house or that are part of the appliances or electrical system are included in the purchase. Unless solar panels have some weird exception, you acquired them with the house.
When you saw the letter/bill from the finance company for the panels that was addressed to the previous owner, you should have marked the envelope as "Deceased - Return to Sender" and put it back in the mailbox. Upon receipt, most likely the finance company would have closed the account and written off the loan.
Title insurance as this should have been handled in the title search.
If regular bills have been going to the decedent at your address, it seems strange that the seller or the estate was unaware of this loan/debt. And the executor of the estate would certainly have had standing to open this mail. Was the seller the heir of the estate, possibly the executor as well? Depending on the details, you might have a claim against the seller for the value of the panels if the financing company repossesses them.
I just bought a house in CA (close in January) with Leased Solar Panels.
And it was everybody's business.
Primarily driven by my lender.
It was disclosed by the seller's agent.
Discovered and independently reported by the home inspector.
Discovered and independently reported by the appraiser.
Discovered and independently reported by the title company.
Long story short, discovery and resolution is literally baked into the closing process.
My lender will not give me loan approval until/unless I take over the lease or the seller pays off the balance.
I understand that California might have a lot more experience and regulation dealing with this type of thing, but unless OP paid cash for his house, it sounds like there were multiple levels of failure on the seller side - starting with gross negligence or malpractice on the seller's agent part.
Start with determining the presence of a lien - and whether or not your title insurance can cover some of your liability here.
So technically since they did not collect in probate court then the lender is screwed if they came to repossess them ( which I highly doubt because that would require the solar company to do that and they definitely will not want to get involved in this ) and damage the roof or don’t have permission then you can sue them. And if you’re in a state where possession is 9/10ths of the law well then they are really screwed.
Call the title company who handled your closing when you purchased it. Inform the title company of the lien that should of been detected before you closed. The seller most likely didn’t disclose the loan or wasn’t aware it’s attached to the RE.
Florida requires a title search for mortgages. Check with your lenders to get the results of the title search.
Most solar loans are financed with the home as collateral. This shouldn’t be possible as it should have come up in a title search in your first mortgage and your refi. It’s possible the first owner got a personal loan or some other unsecured LOC to buy the solar panels. In which case they are responsible for it.
If this is a problem, you need to look into suing your realtor and title company. Your contract should absolutely have included the solar panels explicitly and their title search should have found solar panel loan if it impacts the house.
As to proof of ownership of the panels, when you purchased the home one of the documents you should have received from the Seller is a Bill of Sale. It’s typically listed later in the contract as one of the things Seller is obligated to provide at closing. Typically the Bill of Sale either quotes verbatim the language in Section 1 that you referred to OR simply refers back to the contract regarding the personal property being conveyed. That document is arguably your best proof of ownership. A better practice would be to specify things like solar panels in Section 1 so there is no doubt.
Not your mail, not your problem.
Do you think they'll repo the panels?
Sounds like you didn’t get title insurance or the title company you used is shite.
EDIT: Full disclosure I am President of a title company, this my response above because a mistake like that is very costly. For the title company and that seller.
If you went though the closing again and even if they didn’t finance through the solar company, that third party is going to protect their interests and should have filed a UCC Financing statement on those panels that attaches to the legal description. That or it was filed improperly, but either way something is wrong on this.
I would contact the title company used with your home purchase. It is their job to track down all items like this that could impact your ownership of the home. You should also have title insurance included with the cost of using the title company.
They should be able to help you get documents if they did the review before closing.
Sounds like you broke the law when you mail tampered with someone else’s mail. Thats about all you should be worrying about for now. The solar panel company will continue to chase down their money with the person who took the loan. If the solar company decided it wants its property back and tried something against you then you take the realtors involved in the purchase of the property and the old owner to court to cover the balance of the solar panels later on. Most likely since this much time has passed the solar company wont come after you if they haven’t tried to lien on their equipment after this many years.
If there was a loan on the solar panels (in the US) that would have shown up on your title report. If it did not and the lender comes for money from you then I would file a claim with your title insurance. In all likelihood though, the solar lender 'may' have the right to repossess the panels. Typically those solar contracts allow them to do so and require them to restore any roof damage.
Loan died with the owner
Most solar panels in FL were financed using a PACE loan which puts a lien on the property, and that gets settled when the house sells. The title company should have found that, if there was a PACE loan. Financing solar panels other ways are difficult because of homes being sold and people not assuming loans.
The debt for the panels attached to the people who signed the contract for them, not you.
Sounds like that was a personal loan from the former owner. Has nothing to do with you. I assume you got title insurance when you purchased the house and there are no liens on the property.
So…. His personal loan has nothing to do with you. The collateral on that loan clearly wasn’t the home, or else you would have never been able to get a mortgage without that being paid, nor a refinance. The collateral might have been some other asset owned by the lender and that is none of your concern.
Look at property disclosure paperwork to start. Then call the state bar of lawyers in your state. Tell them generally what kinda lawyer you need and they will tell you the lawyer in your area it’s cheaper to do it this way then to call and pay 300-500 for an hour
When another bill comes in mark it as Deceased RTS. Normally when a person dies their SSN is tagged and anything that has that number is notified. This is how grandma ended up with a useless CC when grandpa died and can’t get another one since she may not have credit.
First, never admit especially online like this that you opened someone else's mail. You probably wont have any issue because the people it belongs to are dead so no one is pushing for it. Nothing in your paperwork mentions taking over any loans for previous owners. It simply isn't your problem.
Seal it up. Write return to sender, opened by mistake and addressee deceased.
A lot of these seem to be pretty much like scams they lock you in to making payments for the rest of your life. I know somebody that had some installed on their house and had a hard time selling the house because they had to include the monthly payment for the panels. With the cost of panels going down I don't see why people don't do it themselves.
Company that financed it should have went after the estate of the deceased homeowner.
Sounds like a PACE loan? That would show on the title and/or county docs as a lien
Hmmm… you should have title insurance. Any liens not previously disclosed, title would be liable for it.
Don’t do anything
The loan on the panels is part of the estate of the dead guy. You have no liability.
Check for a lien against your property. If there is one, ask a lawyer to assist with recourse against the company that did your title search during the purchase and recording of the deed. If there was a lien against the property the title company should have found it.
Send them the death certificate lol
People who are telling you to ignore the problem are 100% wrong.
It may not be your debt to pay but there was certainly someone involved who was responsible for handling the deceased owners estate and the debts. This is their problem for not taking care of it.
All of the information you need is very likely publicly available on your county property appraiser’s website and your county’s clerk of court website for probate.
This should have been captured on your title report. Contact your title company and make a claim.