Borrowing and Lending

We understand that raising money is central to the way our economy operates. After all, without money, it is impossible to meet your personal and professional goals – which is why we offer a full suite of borrowing and lending services.

Whether you need money to purchase a property or grow your business or you want to lend money to a third party, we combine our knowledge of complex lending laws with our commercial understanding of the finance space to provide you with pragmatic advice on finance arrangements as well as loan creation and management.

If a lending issue arises, we understand the impact this could have on both you and your business and work with you to resolve it in a quick, commercial and cost effective manner. We help you manage security provided or obtained in respect of a loan and quickly respond to the need to enforce, recover or collect debts owed to you.

We understand that raising money is central to the way our economy operates. After all, without money, it is impossible to meet your personal and professional goals – which is why we offer a full suite of borrowing and lending services.

Whether you need money or want to lend money, we combine our knowledge of complex lending laws with our commercial understanding of the finance space to help you deal with finance arrangements, loan creation and management, security registration and management, lending disputes and loan recovery or enforcement in a quick, commercial and cost effective manner.

Borrowing

It is no surprise that loan documents protect the lender and not the borrower – after all, loan documents are prepared by lawyers that act for lenders.

Despite this being universally understood, many people often end up signing loan documents without fully understanding their on-going obligations or the rights of the lender. All too often are we are approached by borrowers that are in default under their loan documents because they never understood their obligations.

We understand and appreciate that borrowers without a legal background can find it difficult and time consuming to understand, negotiate and navigate loan documents – which is why we try to simplify otherwise complicated and lengthy loan arrangements.

We combine our in-depth knowledge of finance arrangements with our commercial understanding of the terms that are fair and reasonable and those that are excessive and unfair to advise our clients on their obligations and rights in respect to their loan.

Our main focus is to help you understand and negotiate your loan documents so you don’t default and instead, can focus on advancing your interests by using the finance obtained.

How we can help

  • Advise you, in plain english, of the rights and obligations contained in a loan agreement
  • Negotiate unfavourable terms in a loan agreement
  • Assist you to understand what security you are giving under the terms of a loan agreement
  • Provide you with independent legal advice, if required by your lender
  • Resolve a dispute or default in relation to a loan with a lender
  • Remove unfavourable notations on your credit record that impact on your ability to obtain finance

Lending

If you are lending money it is necessary to have a written loan agreement which sets out the terms and conditions of your loan – after all, if your borrower does not repay the loan, you want your loan agreement to provide you with a number of options to recover what is owed to you.

Our loan agreements clearly outline what is expected of our client’s borrowers – all of which is absolutely crucial in ensuring both the borrower and lender understand what to expect from one another and that the lender has the comfort and certainty that their loan will be repaid.

If you are a non-regulated and regular lenders, we offer a one stop shop for loan creation and management. This means that as soon as your credit team has approved a new loan, our team will issue your borrower a tailored suite of loan and security documents the same day that we are instructed. We understand how important it is for our clients to settle quickly and we pride ourselves in being able to settle new loans without any delay.

If you are a regulated lender, you can have comfort in our depth of understanding of lending regulations which means that you are able to ensure regulatory compliance and, in the event of investigations or proceedings, you are able to react and respond in the most impactful way.

How we can help

  • Prepare template and bespoke loan agreements that are easy to understand and protect your rights
  • Assist you to understand the obligations in a loan agreement and how to enforce your rights
  • Prepare and register security documents to ensure that the money you lend is secured
  • Advise you on all aspects of regulatory compliance, including anti-money laundering and counter terrorism regulations, privacy obligations, national credit code and other lending regulations
  • Develop debt recovery processes to ensure you are repaid the principal and interest of your loan

Security

A borrower’s promise to repay a loan can quickly lose value if they are unable to repay a loan or are declared bankrupt or placed into liquidation – which is why you will find that institutional lenders always request a form of security when providing a loan – whether it be a personal or corporate guarantee, a charge or mortgage over land, an equitable charge or a general security interest over all or specific assets of the borrower.

If you or someone you know finds themselves in a position whereby they are providing security under a loan or providing a loan and wondering whether to request that the borrower provide you with security, it is of upmost importance that you contact a solicitor who can advise you of your rights and obligations when it comes to providing or requesting security.

As we act for both lenders and borrowers, we are often placed in positions where we advise lenders to request that security be provided when entering into loan documents with a borrower and advise borrowers as to their rights and obligations when it comes to providing security for a loan.

Our in depth understanding and knowledge of loans, mortgage law and the personal property securities law means that our clients who are lenders obtain the certainty that their security interest will be registered and they will rank as secured creditors, whereas our clients who are borrowers receive comfort in knowing the rights, obligations and risks when it comes to providing security under a loan.

How we can help

  • Advise borrowers of the obligations and risks in providing a mortgage, guarantee, general or specific security agreements
  • Advise lenders of their rights and obligations in registering and enforcing security interests
  • Prepare and register mortgages and memorandum of mortgage provisions so you can take a mortgage over property as part of your lending
  • Prepare personal guarantees and general and specific security agreements so you have security when lending
  • Register security interests with the personal property securities register
  • Prepare and advise you on inter-creditor agreements, subordination deeds and priority deeds

Enforcement & Recovery

It is not uncommon for borrowers to find themselves in a position where they are unable or unwilling to comply with the terms of their loan – which is why lenders often find themselves searching for ways to recover the loaned amount or commence enforcement action.

If you have provided a loan to a borrower who is unable or unwilling to repay the loan, we can assist by utilising a range of workable solutions in debt recovery to ensure the borrower is able to manage their financial commitments so that you receive the money that is owed to you. If the borrower cannot or does not want to repay the loan, we can enforce the terms of your loan arrangements by calling upon security or commencing enforcement action to force a borrower into bankruptcy or liquidation.

As we act for lenders in the recovery and enforcement of loan arrangements, we can also assist borrowers who have defaulted on the terms of their loan in reaching a fair and commercial resolution by understanding their needs and objections and implementing fair, commercial and workable solutions that allow the borrower to address financial obligations, adhere to the terms of their loan and prevent lenders from taking enforcement action against them.

If you are finding it difficult to comply with the terms of your loan arrangement or have defaulted on the terms of your loan and your lender has threatened to commenced legal action against you, our team is able to advise you on the legal ramifications of your default, negotiate with your lender to resolve the dispute and represent you in enforcement action commenced by the lender.

How we can help

  • Prepare and respond to letters of demand and default notices
  • Prepare, negotiate and resolve payment arrangements to ensure a loan is repaid on fair and commercial terms
  • Commence proceedings against borrowers and obtain a court order so that your loan is repaid or take possession of real estate you have a mortgage over
  • Help you defend a statement of claim and stop the lender taking possession of your home
  • Appoint a receiver to recover assets you hold as security
  • Advise you on the best course of action if a borrower has been declared bankrupt or placed into administration or liquidation