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How to respond to these bias signals

Hello, I am signing a modification with my mortgage Company (Sun West) located in CA, the home is located at El Paso, TX and I am leasing solar panels which I got from Solar City financed by Technology Credit Union based in CA. Sun West tells me they can't modify my loan if there is a lien because of the solar panels and say they don't know about Mechanic liens in Texas. Technology Union tells me they can't release the lien unless the loan is paid off. I don't own the panels and I would not keep them because their electricity production is well below what I was offered by Solar City and not generating the offset levels they cited on their written offer. Please advice how should I respond to these things I am being told. Thank you

1 reply

Jan 2, 2020

Texas mechanics liens are only available to those who perform work and go unpaid for that work. Merely financing a project won't give rise to mechanics lien rights. What's more, there are a number of notice requirements associated with Texas mechanics liens, and if the property is a homestead, securing a lien claim becomes an even more involved process. All of this is to say that if a mechanics lien was filed on the property, there are a number of different factors to look at to see if the lien is even proper in the first place - and it may be possible to force the removal of that lien without first making payment. I hope the above was at least somewhat helpful. Unfortunately, though, I'm not sure I'll be able to provide much help regarding Texas loan agreements and mortgage modifications. For more clarity, it might be helpful to reach out to a local Texas attorney - such as one of these Texas Construction Payment Experts. They'll be able to review your situation and the relevant documentation and help to get you where you want to go.

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