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

Tue Feb 5 10:44:47 PST 2013

I wonder if the lender knows that the lienor could petition to increase the amount of the bond?
p.s. Technically a mortgage is a lien under Florida law and not an "interest in real property".   Therefore the lienor might challenge the posting of the bond by the lender (but likely would not unless he anticipates big legal fees being awarded).

Neal A. Sivyer
Sivyer Barlow & Watson, P.A.
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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  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto: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<mailto:hroberts at carltonfields.com>; clc-discussion at lists.flabarrpptl.org<mailto: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<mailto:bkpa1 at aol.com>

-----Original Message-----
From: Roberts, Hardy L. <hroberts at carltonfields.com<mailto:hroberts at carltonfields.com>>
To: 'Construction Law Discussion' <clc-discussion at lists.flabarrpptl.org<mailto: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<mailto:hroberts at carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com>
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