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

Tue Feb 5 12:55:21 PST 2013

See United Of Florida Inc. v Illini Federal Savings & Loan, 341 So. 2d 793.
for the proposition that a mortgage is not an "interest in property" as
contemplated by ch 713.  Old case, but maybe still valid.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

THE ABOVE MAY CONTAIN OR CONSTITUTE A  CONFIDENTIAL 
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED 
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION 
IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE 
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; 
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT 
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE 
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER 
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS 
WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

  _____  

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 3:28 PM
To: Ray at rrobinsonlaw.com; Michael.Gibbons at lowndes-law.com;
hroberts at carltonfields.com; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Can a construction lender bond off
aconstruction lien?

Bingo

Barry Kalmanson
bkpa1 at aol.com

-----Original Message-----
From: Raymond L. Robinson <Ray at rrobinsonlaw.com>
To: Gibbons, Michael <Michael.Gibbons at lowndes-law.com>; Roberts, Hardy L.
<hroberts at carltonfields.com>; Construction Law Discussion
<clc-discussion at lists.flabarrpptl.org>
Sent: Tue, Feb 5, 2013 2:02 pm
Subject: Re: [CLC-Discussion] Can a construction lender bond off a
construction 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/  

cid:image002.png at 01CB0330.4CD28650LH Address Line

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E9FCC9C6B2384C368
52574FA00690DDC/$FILE/ConstructionLaw.jpg?OpenElement
cid:image001.jpg at 01CC7158.CF9B3D60
http://www.jbslawoffice.com/wp-content/uploads/2010/09/SuperLawyers_logo_201
1.jpg

* CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if
any, is intended only for the person or entity to which it is addressed and
may contain confidential and/or privileged material. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply e-mail, destroy all
copies of the original message, and do not disseminate it further. If you
are the intended recipient but do not wish to receive communications through
this medium, please advise the sender immediately.

Connect with Robinson & Associates, P.A.

     Description: facebook 4040  http://ahaa.org/img/linkedin-icon.png

qrcode.1344014[1]

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)
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
website: 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?

Carlton Fields
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 
bio | vcard    

Confidential: This e-mail contains a communication protected by the
attorney-client privilege or constitutes work product.  If you do not expect
such a communication please delete this message without reading it or any
attachment and then notify the sender of this inadvertent delivery. 

Notice of Confidentiality: This e-mail communication and the attachment(s)
hereto, if any, are intended solely for the information and use of the
addressee(s) identified above and may contain information which is legally
privileged from disclosure and/or otherwise confidential. If a recipient of
this e-mail communication is not an addressee (or an authorized
representative of an addressee), such recipient is hereby advised that any
review, disclosure, reproduction, re-transmission or other dissemination or
use of this e-mail communication (or any information contained herein) is
strictly prohibited. If you are not an addressee and have received this
e-mail communication in error, please advise the sender of that circumstance
either by reply e-mail or by telephone at (800) 356-6818, immediately delete
this e-mail communication from any computer and destroy all physical copies
of same. 

Replies Filtered: Any incoming reply to this e-mail communication or other
e-mail communication to us will be electronically filtered for "spam" and/or
"viruses." That filtering process may result in such reply or other e-mail
communications to us being quarantined (i.e., potentially not received at
our site at all) and/or delayed in reaching us. For that reason, we cannot
guarantee that we will receive your reply or other e-mail communications to
us and/or that we will receive the same in a timely manner. Accordingly, you
should consider sending communications to us which are particularly
important or time-sensitive by means other than e-mail. 

Notice Under U.S. Treasury Department Circular 230: To the extent that this
e-mail communication and the attachment(s) hereto, if any, may contain
written advice concerning or relating to a Federal (U.S.) tax issue, United
States Treasury Department Regulations (Circular 230) require that we (and
we do hereby) advise and disclose to you that, unless we expressly state
otherwise in writing, such tax advice is not written or intended to be used,
and cannot be used by you (the addressee), or other person(s), for purposes
of (1) avoiding penalties imposed under the United States Internal Revenue
Code or (2) promoting, marketing or recommending to any other person(s) the
(or any of the) transaction(s) or matter(s) addressed, discussed or
referenced herein. Each taxpayer should seek advice from an independent tax
advisor with respect to any Federal tax issue(s), transaction(s) or
matter(s) addressed, discussed or referenced herein based upon his, her or
its particular circumstances. [v4.30] 
_______________________________________________

CLC-Discussion mailing list

CLC-Discussion at lists.flabarrpptl.org

http://mailman.fsr.com/mailman/listinfo/clc-discussion

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130205/e1f4111e/attachment.html>