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

Tue Feb 5 11:01:39 PST 2013

One could make the argument that Florida is considered a "lien" state
and case law has held that a mortgage is not a transfer of "interest" in
real property and therefore does not need two subscribing witnesses.
Good question though.  Let me know if you find the answer.

  Raymond L. Robinson, Esq.

  Office: (305) 662-7618 

  Cell: (305) 632-4384

  http://www.rrobinsonlaw.com/ <http://www.rrobinsonlaw.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 12:19 PM
To: 'Roberts, Hardy L.'; 'Construction Law Discussion'
Subject: Re: [CLC-Discussion] Can a construction lender bond off a
construction lien?

Yes.  The lender has "an interest" via its mortgage in the real property
on which the lien is imposed.

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/> 

From: clc-discussion-bounces at lists.flabarrpptl.org [
mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
Roberts, Hardy L.
Sent: Tuesday, February 05, 2013 11:55 AM
To: 'Construction Law Discussion'
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
<http://www.carltonfields.com/>  
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