Security in real estate finance transactions

Security in real estate finance transactions guidance:

BREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on the information in this...

Practice Note

What is a debenture? In the context of secured lending, the term 'debenture' means a form of security agreement that grants security interests over a broad...

Practice Note

Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the borrower's business or the...

Practice Note

Where land is held on a charitable trust, it can only be mortgaged in accordance with the provisions of Part 7 of the Charities Act 2011 (CA 2011). A failure to comply...

Practice Note

If a charity is proposing to: • mortgage property that it owns, or • acquire property with mortgage finance there are a number of issues that the charity trustees must...

Practice Note

If a charity is proposing to: • mortgage property that it owns, or • acquire property with mortgage finance there are a number of issues that a prospective mortgagee...

Practice Note

Collateral warranties are some of the most important documents in real estate finance development facilities. They are provided by the key members of the development team...

Practice Note

Collateral warranties are a key part of the package of development documents in real estate development facilities. They are typically provided by the development team...

Practice Note

The development documents are key to any real estate finance transaction involving the development of property. They deal with the nature of the development, the...

Practice Note

Real estate finance is a type of secured lending. Some of the reasons for taking security in a real estate finance transaction reflect the main advantages of taking...

Practice Note

When/why would a lender or a borrower want to substitute security in a real estate finance (REF) transaction? The reasons why a lender or a borrower may wish to...

Practice Note

Creating effective security is the first step in improving a creditor's position. Once that is done, it is then necessary to ensure that the security will take priority...

Practice Note

Land (or real property) is commonly offered as security for a loan. In this context, land has more relevance than some other assets because it can be used in personal...

Practice Note

Corporate transparency is now viewed as an essential element in any strategy aimed at reducing or eliminating corruption, tax evasion, terrorist financing and money...

Practice Note