[CLC-Discussion] Can a construction lender bond off a construction lien?

Tue Feb 5 10:21:23 PST 2013

I have had lenders bond off the lien in the past when we were representing
the lien holder on commercial jobs.  

In those instances I have never had an objection because I would rather have
a fight over a "bucket of money" than over the possibility of having to go
through a foreclosure fight. 

>From a statutory standpoint, what "interest" the lender has is not well
defined (allowing them to secure the transfer bond). But it would be rather
difficult to argue that the lender had no recognizable interest. The
question I have  anticipate from the Court has been, "Mr. Price, how has
your lien holder-client been prejudiced?" Well, he hasn't. 

I would think the only person who could object would be the Owner. But if
the Owner doesn't object, then what standing do I have? I'm simply saying
with my lien that my client did the work and didn't get paid. I have to
prove that whether there is a transfer bond or not.

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law      

Niesen|Price|Worthy|Campo|Blakey, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031   Fax (352) 373-9099

http://npw-law.com

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From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gibbons,
Michael
Sent: Tuesday, February 05, 2013 12:32 PM
To: 'Barry Kalmanson'; hroberts at carltonfields.com;
clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Can a construction lender bond off a
construction lien?

  The term "interest" may be construed narrowly as referring to different
forms of ownership interest (e.g., leasehold, fee simple, ground lease
etc.).  It may, however, be interpreted more broadly to include persons
interested in the real property by virtue of a legal tie to the property
through a recorded mortgage lien or other record encumbrance.  I am unaware
of any legislative history or case on the subject but it strikes me that
neither the property owner nor the lienor may have an issue with substituted
security of a bond.  I also doubt that the Clerk would hesitate to accept
such a Lien Transfer Bond and issue and record a Certificate of Transfer
officially transferring the Claim of Lien to the security of the Bond.

Michael R. Gibbons  ( <http://lowndes-law.com/our-people/michael-r-gibbons>
Bio)

Shareholder

Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

215 N. Eola Drive

Orlando, FL 32801

Phone: 407-418-6378

Fax: 407-843-4444

email:  <mailto:michael.gibbons at lowndes-law.com>
michael.gibbons at lowndes-law.com

website:  <http://www.lowndes-law.com/> http://www.lowndes-law.com

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Barry
Kalmanson
Sent: Tuesday, February 05, 2013 12:02 PM
To: hroberts at carltonfields.com; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Can a construction lender bond off a
construction lien?

You need to determine if the "lender" has an interest in the real property
upon which the lien is imposed. 

Barry Kalmanson
bkpa1 at aol.com

-----Original Message-----
From: Roberts, Hardy L. <hroberts at carltonfields.com>
To: 'Construction Law Discussion' <clc-discussion at lists.flabarrpptl.org>
Sent: Tue, Feb 5, 2013 11:56 am
Subject: [CLC-Discussion] Can a construction lender bond off a construction
lien?

Anyone have any thoughts on this?

Hardy L. Roberts
Attorney at Law / Board Certified in Construction Law by the Florida Bar
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780 
Direct:  813.229.4105 | Fax:  813.229.4133

hroberts at carltonfields.com | www.carltonfields.com 
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