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

Tue Feb 5 11:15:34 PST 2013

I'm not sure I understand why the construction lender wants to bond off
the lien?  Are they trying to convert to permanent financing and unable
as a result of the construction lien?  

Matthew Belcastro
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial:  239.344.1205
Direct Fax: 239.344.1524
Matthew.Belcastro at henlaw.com
http://www.henlaw.com

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-----Original Message-----

	From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
Raymond L. Robinson
	Sent: Tuesday, February 05, 2013 2:02 PM
	To: Gibbons, Michael; Roberts, Hardy L.; Construction Law
Discussion
	Subject: Re: [CLC-Discussion] Can a construction lender bond off
aconstruction lien?

	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

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	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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