Security in real estate finance transactions

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Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert full name of borrower]1We refer to...
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19th May
Practice notes
European PIK loan facilitiesThis Practice Note provides information on European PIK loan facilities (PIK facilities). It discusses:•the key features...
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Produced in partnership with Susan Whitehead, Consultant at Hogan Lovells and Penny Angell, Partner at Hogan Lovells 19th May
Practice notes
Introduction to fund finance—capital call facilitiesThis Practice Note discusses:•what is meant by capital call facilities, NAV, or asset backed...
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Produced in partnership with Leon Stephenson of Reed Smith 19th May
Practice notes
Increased costsThis Practice Note considers the costs that a lender will incur when providing funding to a borrower and the steps that it will take...
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19th May
Practice notes
Perfecting securityIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
Synthetic securitisationsWhat is a securitisation?Securitisation is a technique used to finance the ownership or sale of types of assets that would...
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19th May
Practice notes
Bilateral, syndicated and club arrangementsOne of the features used to categorise loans is the number of lenders involved. A loan involving one lender...
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19th May
Practice notes
Pre-export finance—key terms in the facility agreementPre-export finance (PXF) is an established structure used to provide finance to producers of...
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Produced in partnership with Dentons 19th May
Practice notes
Derivatives—ISDA documentation frameworkThe International Swaps and Derivatives Association, Inc. (ISDA) is an association for participants in the...
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19th May
Practice notes
The facility agentThis Practice Note covers the duties and role of the facility agent (defined in the Loan Market Association (LMA) documentation as...
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19th May
Precedents
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
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19th May
Practice notes
Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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19th May
Precedents
[TO BE PRINTED ON THE HEADED PAPER OF THE LENDER][insert name and address of borrower][insert date]Dear [insert full name of borrower]We offer to...
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19th May
Practice notes
Loan Market Association (LMA)—news on documentation [Archived]This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA...
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19th May
Practice notes
Crystallisation of floating chargesThe key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the...
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19th May
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert name of borrower],We are pleased to...
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19th May

Most recent Security in real estate finance transactions content

Practice notes
Enforcement—security over landSecurity over land can be taken by way of mortgage or charge with the appropriate form often depending on the...
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9th Sep
Precedents
Third party real property mortgage: single company chargor—bilateral—specific moniesThis Deed is made on [insert day and month] 20[insert...
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9th Sep
Precedents
Real property mortgage: single company chargor—bilateral—specific moniesThis Deed is made on [insert day and month] 20[insert year]Parties1[Insert...
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9th Sep
Precedents
Debenture: single company chargor—bilateral—specific moniesThis Deed is made on [insert date] 20[insert year]Parties1[Insert name of Chargor], a...
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9th Sep
Practice notes
Taking security over landCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution...
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9th Sep
Practice notes
Security in real estate finance transactionsReal estate finance is a type of secured lending. Some of the reasons for taking security in a real estate...
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9th Sep
Practice notes
The beneficial ownership register of overseas entities that own UK property Corporate transparency is now viewed as an essential element in any...
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6th Sep
Precedents
Completion undertakings—Release of DS1 when the redemption money is released to the seller’s lender’s solicitorTO BE PRINTED ON THE HEADED PAPER OF...
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26th Aug
Practice notes
Substituting security in real estate finance transactionsWhen/why would a lender or a borrower want to substitute security in a real estate finance...
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Produced in partnership with Oliver Ellington of CMS 25th Aug
Precedents
Deed of release: for a debenture or mortgage—single company security provider—full or partial releaseThis Deed is made on [insert day and month]...
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23rd Aug
Precedents
Undertaking to hold a deed of release: for a release of security on receipt of monies due in connection with a debenture or mortgage[To be printed on...
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20th Aug
Precedents
Supplemental legal mortgage for real property: single company mortgagor—bilateral-specific moniesThis Deed is made on [date]Parties1[insert name of...
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10th Aug
Precedents
Third party share charge (granted by the borrower’s parent): single company chargor—bilateral—specific moniesThis Deed is made on [insert day and...
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10th Aug
Practice notes
Enforcement—debentures and floating chargesWhat is a debenture?In the context of secured lending, the term 'debenture' means a form of security...
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10th Aug
Practice notes
Enforcement options in respect of real estate finance transactionsA lender will typically have a number of enforcement options available to it in a...
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Produced in partnership with CMS 10th Aug
Practice notes
Real estate finance—taking security over collateral warrantiesCollateral warranties are a key part of the package of development documents in real...
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10th Aug
Practice notes
Tacking further advances to existing securityCreating effective security is the first step in improving a creditor's position. Once that is done, it...
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10th Aug
Practice notes
Real estate finance—taking security over the key development contractsThe development documents are key to any real estate finance transaction...
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10th Aug
Q&As
How is security taken over land held by trustees for a beneficiary who is a borrower?This Q&A describes the steps that a lender should take to ensure...
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Produced in partnership with Brian Cain 10th Aug
Q&As
Does a mortgagee automatically become a mortgagee in possession if it enforces its security? Why does it matter?This Q&A discusses the circumstances...
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Produced in partnership with Brian Cain 10th Aug

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