Solar Company vs My Mom

[Tom Jones]

Arizona,

I'll keep this short...
In 2012 my mom signed a 20 year lease on solar panels with NRG suncap LLC, and in 2013 she stopped paying on the lease. The reason for default is because the solar panels were not producing what was promised in the sales pitch made by Going Green (who is no longer associated with NRG). Going Green has been taken to task by the attorney general here in Arizona for violating the ACFA (see article https://www.azag.gov/press-release/attorney-general-brnovich-obtains-settlement-solar-lawsuit). Recently my mom has decided to sell her house, and found out that there is a fixture lien attached to the title, despite not having received any preliminary notice. So my question is would this contract be considered unconscionable because Going Green made fraudulent claims? Also, can NRG attach the fixture lien onto the title without preliminary notice? However, if they are allowed to forgo the notice because of a security agreement, what would define it in the contract, the only thing that would resemble a security agreement is the "remedies of default" section. Is there any hope of getting out of this lease, and should we seek a contract attorney?

 

[quincy]

Arizona,

I'll keep this short...
In 2012 my mom signed a 20 year lease on solar panels with NRG suncap LLC, and in 2013 she stopped paying on the lease. The reason for default is because the solar panels were not producing what was promised in the sales pitch made by Going Green (who is no longer associated with NRG). Going Green has been taken to task by the attorney general here in Arizona for violating the ACFA (see article https://www.azag.gov/press-release/attorney-general-brnovich-obtains-settlement-solar-lawsuit). Recently my mom has decided to sell her house, and found out that there is a fixture lien attached to the title, despite not having received any preliminary notice. So my question is would this contract be considered unconscionable because Going Green made fraudulent claims? Also, can NRG attach the fixture lien onto the title without preliminary notice? However, if they are allowed to forgo the notice because of a security agreement, what would define it in the contract, the only thing that would resemble a security agreement is the "remedies of default" section. Is there any hope of getting out of this lease, and should we seek a contract attorney?

I haven't read the press release on the solar lawsuit settlement yet. When I have the chance, I will check out the information linked to and perhaps I will have something additional to add.

But I can answer the questions you asked now.

First, yes, it is possible to have a lien attached to the title without notice, although I imagine your mother received more than one notice of default from the company when she stopped making the lease payments on the solar panels. Second, yes, you should seek out the help of an attorney in your area who can review in its entirety the contract your mother signed with the company in 2012. The attorney should be aware of any lawsuit filed against the company and can advise your mother accordingly.

When there is a contract dispute, it is generally advised that you seek legal counsel before you stop an agreed-upon payment.

Good luck.

 

[justalayman]

has your mother filed a complaint with the AG's office as the press release directed those who believe they have been a victim of consumer fraud?


If you believe you have been a victim of consumer fraud, please contact the Attorney General's Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431. Consumer complaints can also be filed online at www.azag.gov.

time is limited so don't delay. Take advantage of this special one time offer (sorry. I couldn't resist after reading that article given it was likely to be a high pressure sales system).

Going Green has agreed to pay more than $56,000 to consumers who have not already received restitution, and is required to pay up to an additional $65,000 in restitution for eligible consumers who file a complaint within the next six months. The company must also pay over $17,000 in attorneys’ fees and investigative costs. Finally, Going Green may pay up to $120,000 in civil penalties, but $70,000 is suspended contingent upon the company’s full compliance with the injunction provisions.

 

[quincy]

I just read the press release that Tom Jones linked to and now I am puzzled why he posted here at all. It seems everything he and his mother needed to know was provided in that release.

I agree that Tom Jones needs to have his mother move fast, as the restitution appears to be time-limited.

If his mother cannot get satisfaction through the AG's office, an attorney could be contacted - but it does not appear to be necessary at this point.

Here is an additional link, this to the Attorneys General June 2015 Consumer Protection Report which, when you scroll to Arizona, speaks to the settlement:

http://web.law.columbia.edu/sites/default/files/microsites/attorneys-general/consumer_protection_report_-_june_2015_final.pdf

 

[Tom Jones]

Ag

Apparently, my mom contacted the AG months ago, also senator Lesko came to her house to review the case personally. She has called the AG's office to find out if there was any progress being made with her case, but they are unable to release any information. Though, from what my mom found out, the AG is only taking the case on as a whole, I am a bit foggy on the details... I will update with better info when I talk to her. things are looking very grim, she might have to pay 20000 to get out of the lease, with nothing to show for it in the end
I really appreciate your responses

 

[quincy]

Apparently, my mom contacted the AG months ago, also senator Lesko came to her house to review the case personally. She has called the AG's office to find out if there was any progress being made with her case, but they are unable to release any information. Though, from what my mom found out, the AG is only taking the case on as a whole, I am a bit foggy on the details... I will update with better info when I talk to her. things are looking very grim, she might have to pay 20000 to get out of the lease, with nothing to show for it in the end
I really appreciate your responses

First, I recommend that your mother pay nothing to the solar company until she has had the chance to speak to an attorney in her area.

The solar companies that have been investigated are claiming that the liens they are placing on homeowners' homes are not really liens at all but rather the "fixture filings" are security interests. Of course, these security interests are acting like liens for homeowners trying to sell or refinance.

When your mother speaks with an attorney in Arizona, have her ask about getting a "lien release." And, again, she shouldn't pay anything to the solar company until she has had her contract with the solar company and the lien and the AG lawsuit personally by this attorney.

An update would be appreciated, Tom Jones.