Facts

Plaintiffs Tammy and George Woolley obtained financing for a home improvement project through Florida's Property Assessed Clean Energy program. The PACE program allows homeowners to finance energy efficient and clean energy home improvements through the property tax system. Before signing their PACE financing agreement, Plaintiffs alleged that they were told that PACE obligations are transferrable in connection with a future sale or refinancing and that they were not adequately advised that they may be required to pay off their PACE assessment in full in the event of a sale or refinancing.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendant's description of PACE assessments as transferrable was false and that they were not adequately advised that they may be required to pay off their PACE assessment in full in the event of a sale or refinancing.

DEFENDANT'S CONTENTIONS: Defendants denied plaintiffs' contentions. Defendants contended that PACE obligations are transferrable and, in any event, defendants repeatedly and accurately advised plaintiffs of the possibility that they may be required to pay off their PACE assessment in full in the event of a sale or refinancing.

Result

The district court granted defendants' motion for summary judgment because describing PACE obligations as transferrable is not fraudulent or deceptive and because defendants' written disclosures were not fraudulent or deceptive.

Other Information

The court's decision was solely as to the Woolleys' claims, adjudicating the Florida claims only. The California claims have not been summarily adjudicated and are proceeding.