Key property related documents in investment finance transactions

The following Property practice note provides comprehensive and up to date legal information covering:

  • Key property related documents in investment finance transactions
  • Title documentation
  • Title Pack
  • Certificate of title from the borrower’s solicitor
  • Certificate wrapper
  • Report on title from the borrower’s solicitor
  • Head lease
  • Occupational leases
  • Insurance
  • Rent deposits
  • More...

Key property related documents in investment finance transactions

This Practice Note sets out the key property related documents and information used or reviewed by real estate lawyers in an investment finance transaction along with details of who prepares and reviews the documents and the purpose of each document. It does not contain detailed explanations of how to draft or review the documents. See Practice Notes: Guide to drafting a certificate of title and Guide to reviewing certificate of title.

Title documentation

The borrower's solicitor will put together the title information for the funder's solicitor to review. This commonly takes one of four forms:

Title Pack

The borrower's solicitor may provide the funder's solicitor with a standard title pack including official copies for the property (or the root of title if it is unregistered), title plan, relevant title documents, replies to CPSEs addressed to the funder, any head lease, occupational leases, relevant licences and any other relevant documents. In addition, the funder’s solicitor will often expect the borrower’s solicitor to have carried out all appropriate up to date searches and for the search results to be included in the title pack or, if still awaited, to follow shortly after the rest of the title pack has been provided. If the borrower’s solicitor does not provide up to date search results, the funder’s solicitor will carry out searches against the property.

This

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