在去太阳能之前要知道关于UCC留置权的什么

Residential solar power generation has increased dramatically in Virginia over the past several years. Solar panels are an attractive upgrade for homeowners looking to save on their energy bills, 保护环境, or both, but many are unaware that installing solar panels can create a lien on their property. Homeowners interested in installing solar panels should make sure to talk with a real estate attorney before doing so.

太阳能电池板的好处

太阳能电池板可以帮助房主省钱. 面板技术的改进与新的联邦, state, and local tax incentives make installing solar panels an intriguing proposition. Homeowners who install solar panels can save over $20,000 over the lifespan of the panels. Plus, 利用太阳能有助于保护环境, as solar is the most cost-effective energy resource for Virginia to meet its near-term goals to reduce carbon emissions. 由于这些原因，现在是安装太阳能电池板的好时机.

UCC对租赁太阳能板的留置权

虽然太阳能电池板是有益的，但它们也很昂贵. 许多房主选择出租他们的太阳能电池板. 当租赁太阳能电池板时，房主会随着时间的推移购买太阳能电池板. However, 在虚线上签字之前, homeowners should be aware that leasing solar panels may require a UCC lien on their property.

统一商法典, or UCC, is a set of laws adopted by all 50 states that provides a framework for commercial transactions. A UCC lien is a type of security interest that can be used by creditors to secure their interest in the property of a debtor. UCC留置权的执行期限为五(5)年, and the lien can be continued if it has not been fully paid off during that period.

§8.9A-512 of the Virginia Code provides creditors with two options for how to file UCC liens on solar panels. A UCC lien can be created when a UCC-1 financing statement is filed with the State Corporation Commission. 这份报表是一种识别债权人和债务人的表格, 描述所涉及的附属品, 并标明留置权担保的债务数额. 或者，UCC留置权可以通过固定文件来创建. A fixture is any property that is physically bolted or connected to your home or property. For example, a ceiling fan, which is physically attached to a house, is a fixture. 太阳能电池板通常也类似地贴在屋顶上, 根据弗吉尼亚州的法律，它们被视为固定物. 固定资产备案类似于UCC-1财务报表, but it also includes an addendum that is filed and recorded in real property records.

UCC留置权对太阳能电池板的影响

UCC financing statements are a common form of financing for homeowners who decide to lease their solar panels. 当太阳能公司将电池板出租给房主时, 该公司希望确保他们的投资是安全的. A common means of doing this is filing a UCC-1 financing statement or fixture filing to create the UCC lien.

在UCC-1报表或固定文件正确完成并归档后, 债权人太阳能公司对太阳能板有合法的索赔要求. 在房主违约的情况下, a creditor solar company can remove the solar panels and reclaim possession of them under the financing statement. Most typically, the collateral in a UCC-1 filing statement is the panels themselves and any hardware associated with their installation and operation. 然而，你可以把其他财产作为你的面板的抵押品. 如果是这样的话, then the solar company could technically take possession of any collateral listed on the UCC-1. Therefore, homeowners should consider working with an attorney to review UCC-1 statements before they are filed to ensure they are not risking more than they intended.

UCC留置权对你财产的影响

UCC liens are public records that have the potential to create issues for homeowners. UCC liens will appear on title reports that are created from the State Corporation Commission website. 对太阳能板的留置权会显示为“附属于房地产”，因为, as discussed above, 太阳能电池板被认为是固定装置. 因此，对太阳能板的留置权可能会表现为对整个财产的留置权.

A UCC lien on a title report may cause concern for potential home buyers and sellers because the lien could complicate the sale of a house. 首先，UCC留置权只会造成拖延. 在产权报告上发现留置权时, both parties involved in the sale of a house likely will have to conduct additional due diligence. 此外，UCC留置权可能会在所有权上造成云的外观. In reality, UCC-1财务报表不会影响房屋所有权, 但只有报表上列出的财产. However, a lender or someone doing a title search who is unfamiliar with solar panel financing may not understand the difference. This can lead to issues and the need for clarification in the real estate transaction process.

终止UCC留置权

A UCC lien is not automatically removed from a property when the remainder of the lien is paid off. Under §8.弗吉尼亚法典第9A-513条, 一旦债务人所欠的金额支付给债权人, the debtor must send an authenticated demand to the creditor to terminate the lien. The creditor then has twenty days to either file a termination statement in the same office where the UCC financing statement was filed, 或向债务人发出终止声明. 如果债权人向债务人发送终止声明, then the debtor must file the termination themselves where the UCC financing statement was filed. In practice, it may take several weeks or more from the date that a debtor requests a lien to be terminated for the lien to actually be terminated and for the termination to be fully reflected in real property records.

Conclusion

Overall, UCC liens are an important tool for securing financing for solar panel installations in Virginia, as they can provide valuable protection to creditors while allowing homeowners without enough funds to purchase solar panels the ability to lease them for their homes. Homeowners interested in installing solar panels should consult a real estate attorney to ensure they’re preventing problems that can arise from UCC liens.

Ryan Suit is a Pender & Coward attorney focusing his practice on civil litigation with an emphasis on construction law and personal injury.