Timely Article – Residential Solar and Uniform Commercial Code: A Primer on Solar-Financiers’ Rights in a Foreclosure

Source: Travis Lowder, NREL  April 24, 2015 

“U.S. residential solar PV has been growing at a breakneck pace. Annual installations have increased nearly five-fold in the past five years and, in 2014, surpassed annual commercial capacity additions for the first time in the history of PV market tracking. Additionally, nearly a third of the entire solar industry’s workforce — comprising over 174,000 employees — works in residential solar.

This article will address these questions, but will first provide some background on the Uniform Commercial Code (UCC), a critical piece of the puzzle. If you are already familiar with the workings of the UCC, then it may be best to skip to the section on “Why It Matters.

Security Interests and the UCC- Many solar financiers today offer at least the following three products: leases, power purchase agreements (PPAs), and loans.

Why It Matters: Fixtures vs. Personal Property- PMSIs will hold up if the collateral is regarded as personal property under the UCC. This may not be the case if they are regarded as “fixtures.”

What Can Be Done?”

This is a must read article if you are considering a solar or home-based renewable energy system.  Words do matter !

Read the full article.

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