Thanks, that supports my initial thought.
Good to know, I hadn't thought of that
I agree, since they started the lease in 2012, they would have had some tax benefits to buying the system outright. According to the agent, they were not sure if they should buy or lease, decided to lease, and then had the opportunity to prepay at a savings and took it. The lease is transferable for the next twenty years, so the current buyers can sell with the prepaid lease intact.
Thanks for the input, first time seeing a prepaid lease on solar.
Fannie Mae requires any solar lease to be modified.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Property Owners and Solar Energy Company agree as follows:
1.
Damage to Residence and Real Property. Solar Energy Company represents and agrees that any damage that occurs as a result of installation, malfunction, manufacturing defect, or removal of the Solar System is the responsibility of Solar Energy Company and Solar Energy Company shall repair any such damage and return the improvements to the Residence and Real Property to their original or prior condition (for example, sound and watertight conditions that are architecturally consistent with the rest of the Residence).
2.
Property Owners’ Property Insurance. Solar Energy Company agrees not to be named loss payee (or named insured) on the Property Owners’ property insurance policy covering the Residence that the Solar System is attached to.
3.
Transfer after Foreclosure. If the interest of Property Owners in the Real Property shall be transferred to another person or entity by reason of foreclosure, trustee's sale, deed in lieu of foreclosure or other proceeding for the enforcement of a security instrument on the Residence (such transferee, its successors and assigns, including, but not limited to, a lender, shall be referred to herein as
"Purchaser")
, Purchaser shall have the following options:
A. Terminate the Lease and require the Solar Energy Company to remove the Solar System;
B. Become the beneficiary of the Lease with the Solar Energy Company without payment of any transfer charge or similar fee; or
C. Enter into a new lease or other agreement with the Solar Energy Company, under terms no less favorable than the Property Owners.
4.
Successors and Assigns. This Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns.
5.
Governing Law. This Amendment shall be governed by and construed under the laws of the State in which the Real Property is located.
6.
Counterparts. This Amendment may be executed in counterparts, and all counterparts together shall be construed as one document.