Florida PACE Loan: How It Works, The Lien Risk & What Buyers Must Know
A PACE loan (Property Assessed Clean Energy) lets Florida homeowners finance energy-efficient improvements โ solar panels, impact windows, roofing, HVAC โ without a traditional mortgage. The loan is repaid through your property tax bill over 5 to 30 years. That structure sounds convenient. It also creates a super-priority lien on your property that can block a sale, spook lenders, and surprise buyers who never knew the assessment existed.
How Florida PACE Financing Works
- Homeowner applies through a PACE provider (Mosaic, Ygrene, Renew Financial, etc.)
- PACE provider pays the contractor directly for the eligible improvement
- The county records a non-ad valorem assessment on the property โ this is a lien, not a mortgage
- The homeowner repays the assessment through their annual property tax bill, in two installments (November and April in most FL counties)
- The assessment stays on the property even if it sells โ unless paid off at closing
Eligible Improvements Under Florida PACE
Florida's PACE programs (authorized under F.S. ยง163.08) cover:
- Solar photovoltaic panels and solar water heaters
- Impact-resistant windows and doors (a major FL use case โ huge demand post-Ian and Idalia)
- Roofing upgrades (metal roofs, hurricane-rated shingles)
- HVAC systems (high-efficiency central air, ductless mini-splits)
- Insulation and air sealing
- Battery storage systems paired with solar
The Lien Priority Problem
This is where PACE gets complicated for real estate transactions. In Florida, property tax liens โ including PACE assessments โ have super-priority status. They rank ahead of most mortgages and other liens in foreclosure. This means:
- Fannie Mae, Freddie Mac, FHA, and VA will not fund a mortgage on a property with an outstanding PACE lien unless it is paid off at or before closing
- Many conventional lenders follow the same rule โ they don't want their first lien position subordinated to a PACE assessment
- Cash buyers can purchase a property with a PACE lien and assume it โ but only if they knowingly agree to
The practical result: most Florida sales involving PACE financing require the seller to pay off the remaining PACE balance at closing before a financed buyer can close. This shows up as a deduction from the seller's proceeds on the Closing Disclosure.
How to Find a PACE Assessment on a Property
- Ask the seller directly โ Florida's seller disclosure form has a section on assessments; PACE must be disclosed
- Pull the property tax bill โ look for any line item under "Non-Ad Valorem Assessments" on the Hillsborough, Broward, Miami-Dade, Palm Beach, or other county tax statement
- Check the county property appraiser โ most FL counties show non-ad valorem assessments on the parcel detail page
- Title search โ a thorough title search should catch a recorded PACE assessment lien in the county's official records
Florida PACE Reforms โ What Changed
Florida significantly reformed PACE financing with legislation effective July 2023. Key changes under the reform:
- PACE providers must verify the homeowner's ability to repay (income verification)
- Disclosures must be provided in the borrower's primary language if not English
- A 3-day right of rescission was added (borrowers can cancel within 3 business days)
- PACE providers must verify the homeowner's equity โ the assessment cannot exceed 20% of the home's value
- Contractors cannot submit applications on behalf of homeowners without homeowner consent
These reforms addressed widespread predatory lending complaints โ particularly contractors in disaster-affected areas using PACE to lock homeowners into high-rate financing without full understanding of the terms.
PACE vs. Traditional Home Improvement Financing
| Feature | PACE | HELOC | Personal Loan |
|---|---|---|---|
| Repaid through | Property tax bill | Monthly payment | Monthly payment |
| Lien type | Tax lien (super-priority) | 2nd mortgage | Unsecured (no lien) |
| Passes to buyer? | Yes (unless paid off) | No | No |
| Credit check | Minimal (equity-based) | Full underwriting | Full underwriting |
| Interest rate range | 5%โ10%+ (fixed) | Variable, index-based | 7%โ20%+ |
| Tax deductibility | Sometimes (consult CPA) | Often yes (mortgage interest) | No |
Should You Buy a Home with an Existing PACE Lien?
If the seller is paying off the PACE balance at closing (most financed sales), the impact on you is minimal โ confirm it on the Closing Disclosure under seller deductions. If you're a cash buyer considering assuming a PACE lien:
- Verify the remaining balance and annual payment amount
- Confirm the improvement (solar, windows, etc.) is in good working order
- Negotiate a purchase price reduction reflecting the outstanding balance
- Understand that refinancing later will require paying off the PACE lien first if you want a conventional loan
Know Every Lien Before You Buy
Our First-Time Home Buyer Toolkit covers PACE assessments, title searches, property taxes, and every FL closing step โ 21 pages from a licensed FL real estate professional.
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