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Help with NOC and Building permit

FloridaNotice of Commencement

I have a complicated order! We own 2 lots in Monroe County, Fl. (let's call them 14 & 15). They are platted individually by the county and both are buildable, but were purchased as one and have 1 ID #. We currently live on one lot (14) and wanted to build a home on the other lot (15) so we obtained a building permit on the empty lot (15), (after going through ROGO). The building permit is only on lot 15, but again has one ID #. The NOC was obtained prior to getting the granted building permit, we were told we had to get the NOC before the building permit would be issued and the building permit was time sensitive so we hurried to possess both. We applied with a lender who informed us all was going to be good and starting construction was not an issue. We started construction, loan became an issue and herein the problem lies! We are now applying with a new lender and I want to understand how we can make the lender in first position (we are there now) without interfering with our building permit! We are legally splitting the lots now also so both will soon have seperate ID #s. I am concerned that too will interfere with the building permit. Please Help!!!

1 reply

Nov 2, 2019
My guess is your issue is less about building permit and more to do with notice of commencement.  Your new lender likely wants you to terminate existing notice of commencement per statute.  This way mortgage can be recorded and be first in line and then a new notice of commencement can be recorded.   Lien relate back to an effective notice of commencement so a lender will never want a notice of commencement recorded before a mortgage.
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