The following Banking & Finance practice note provides comprehensive and up to date legal information covering:
This Practice Note focuses on what is thought of as traditional real estate finance ie lending against the cash flow generated by a property. In its simplest form, traditional real estate finance involves a loan to a borrower which is repaid from the rental income of the borrower’s property. (Other methods of investing in real estate finance include sale and leaseback, real estate investment trusts, jersey property unit trusts and property derivatives. For more information, see: Methods of investing in real estate—overview).
Real estate finance transactions are either investment finance transactions or development finance transactions, depending on whether the property is being purchased as an investment (ie it is already generating revenue) or whether the property is being purchased to be developed. For more information, see Practice Notes:
Real estate finance—investment facilities—key features, and
Real estate finance—development facilities—key features
The Loan Market Association (LMA) has published standard form facility agreements for both investment and development real estate finance transactions which can be used as a starting point in these types of transactions. These are:
the Single Currency Term Facility Agreement for Real Estate Finance Multiproperty Investment (LMA REF Investment Facility Agreement)—whereby a loan facility is provided to a borrower for it to purchase a property (or a group of properties). For more information, see Practice Note: LMA real
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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