The default under the lease has no direct bearing on the contractual obligation to loan the funds. However, it may be an indication of an inability to fund the loan. That would constitute a breach of contract, and if the lender does not voluntarily return the loan fee, you would likely need to file a lawsuit for return of those funds (and possible other damages). Even if successful though, recovery of the judgement about might still be difficult.
This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Apr 20th, 2012 at 1:19 PM