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@carltonfields.commailto:hroberts@carltonfields.com | www.carltonfields.comhttp://www.carltonfields.com/
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You need to determine if the "lender" has an interest in the real property upon which the lien is imposed.
Barry Kalmanson
bkpa1@aol.com
-----Original Message-----
From: Roberts, Hardy L. hroberts@carltonfields.com
To: 'Construction Law Discussion' clc-discussion@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@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.
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Assuming that the lender's mortgage is recorded, then the lender would
have an "interest" sufficient to bond off the lien in my opinion.
But, why would a lender need to do that?
Bruce D. Partington
Clark Partington
bpartington@cphlaw.com mailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
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[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of
Roberts, Hardy L.
Sent: Tuesday, February 05, 2013 10:55 AM
To: 'Construction Law Discussion'
Subject: [CLC-Discussion] Can a construction lender bond off a
constructionlien?
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@carltonfields.com | www.carltonfields.com
http://www.carltonfields.com/
bio http://www.carltonfields.com/hroberts/ | vcard
<http://www.carltonfields.com/load.vcf?type=atty&id=49fd8f5b-3f72-45c2-9
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Yes. The lender has "an interest" via its mortgage in the real property on which the lien is imposed.
Michael R. Gibbons (Biohttp://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@lowndes-law.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/
[cid:image001.jpg@01CE039B.05AA3CA0]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@carltonfields.commailto:hroberts@carltonfields.com | www.carltonfields.comhttp://www.carltonfields.com/
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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 (Biohttp://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@lowndes-law.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/
[cid:image002.jpg@01CE039C.D2219200]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson
Sent: Tuesday, February 05, 2013 12:02 PM
To: hroberts@carltonfields.com; clc-discussion@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@aol.commailto:bkpa1@aol.com
-----Original Message-----
From: Roberts, Hardy L. hroberts@carltonfields.commailto:hroberts@carltonfields.com>
To: 'Construction Law Discussion' clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@carltonfields.commailto:hroberts@carltonfields.com | www.carltonfields.comhttp://www.carltonfields.com
bio | vcard
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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.
Suntrust Financial Center
401 E. Jackson St.
Suite 2225
Tampa, FL 33602
(p) 813-221-4242
(f) 813-227-8598
Confidentiality Notice:The information contained in this e-mail message is intended for use of the recipient listed above. The message may contain information that is protected by the attorney/client or other legal privilege. Any unauthorized use is strictly prohibited.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Tuesday, February 05, 2013 12:32 PM
To: 'Barry Kalmanson'; hroberts@carltonfields.com; clc-discussion@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 (Biohttp://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@lowndes-law.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/
[cid:image001.jpg@01CE03A6.F670DFD0]
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson
Sent: Tuesday, February 05, 2013 12:02 PM
To: hroberts@carltonfields.commailto:hroberts@carltonfields.com; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@aol.commailto:bkpa1@aol.com
-----Original Message-----
From: Roberts, Hardy L. <hroberts@carltonfields.commailto:hroberts@carltonfields.com>
To: 'Construction Law Discussion' <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@carltonfields.commailto:hroberts@carltonfields.com | www.carltonfields.comhttp://www.carltonfields.com
bio | vcard
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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]
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/
- CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@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@lowndes-law.com
mailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com http://www.lowndes-law.com/
From: clc-discussion-bounces@lists.flabarrpptl.org [
mailto:clc-discussion-bounces@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@carltonfields.com | www.carltonfields.com
http://www.carltonfields.com/
bio http://www.carltonfields.com/hroberts/ | vcard
<http://www.carltonfields.com/load.vcf?type=atty&id=49fd8f5b-3f72-45c2-9
ca7-83799b9c8b29>
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Each taxpayer should seek advice from an independent tax advisor with
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particular circumstances. [v4.30]
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@henlaw.com
http://www.henlaw.com
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-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@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/>
* 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
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Connect with Robinson & Associates, P.A.
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@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@lowndes-law.com
mailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com
From: clc-discussion-bounces@lists.flabarrpptl.org [
mailto:clc-discussion-bounces@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@carltonfields.com | www.carltonfields.com
http://www.carltonfields.com/
bio http://www.carltonfields.com/hroberts/ | vcard
<http://www.carltonfields.com/load.vcf?type=atty&id=49fd8f5b-3f72-45c2-9
ca7-83799b9c8b29>
Confidential: This e-mail contains a communication protected by
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Notice Under U.S. Treasury Department Circular 230: To the
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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
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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]
As a practical matter, I would welcome a Lien Transfer Bond knowing that a pile of money is readily available for the taking should my client prevail on its lien.
John D. Campo, Esq.
Florida Bar Board Certified - Construction Law
john@npw-law.com
Niesen|Price|Worthy|Campo|Blakey, PA
5216 SW 91st Drive Gainesville, FL 32608
Ph (352) 373-9031 Fax (352) 373-9099
NPW_Logo_Solid_small certification logo half size
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Matthew Belcastro
Sent: Tuesday, February 05, 2013 2:16 PM
To: Raymond L. Robinson; Gibbons, Michael; Roberts, Hardy L.; Construction Law Discussion
Subject: Re: [CLC-Discussion] Can a construction lender bond off aconstruction lien?
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@henlaw.com
www.henlaw.com
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-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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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Connect with Robinson & Associates, P.A.
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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 ( 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@lowndes-law.com michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.com/ http://www.lowndes-law.com
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
bio http://www.carltonfields.com/hroberts/ | vcard http://www.carltonfields.com/load.vcf?type=atty&id=49fd8f5b-3f72-45c2-9ca7-83799b9c8b29
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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]
Bingo
Barry Kalmanson
bkpa1@aol.com
-----Original Message-----
From: Raymond L. Robinson Ray@rrobinsonlaw.com
To: Gibbons, Michael Michael.Gibbons@lowndes-law.com; Roberts, Hardy L. hroberts@carltonfields.com; Construction Law Discussion clc-discussion@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/
- 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.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lowndes-law.com
website: http://www.lowndes-law.com
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@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]
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