Commercial real estate finance

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Commercial real estate finance guidance:

Solicitors Regulation Authority Code of Conduct 2011 In residential conveyancing the buyer's conveyancer often will also be instructed by the lender to act for the lender...

Practice Note

What additional searches should be undertaken? More specific searches and enquiries may be required depending on the property location, its surrounding area and the...

Practice Note

Introduction to the Agricultural Credits Act 1928 The Agricultural Credits Act 1928 (ACA 1928) created a bespoke form of security that allows a farmer to grant a single...

Practice Note

Reasons for amending security documents and key risks Reasons for amending a security document There are situations where parties may consider amending security...

Practice Note

Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose remedy then is only...

Practice Note

Banks and other funders frequently take an assignment of the benefit of the suite of construction documents in respect of a development as an additional part of a...

Practice Note

This Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are collateral warranties?). For more detailed guidance on assignment in...

Practice Note

Assignments by way of security can take different forms and it is important to understand how they are created and their effect. Security over choses in action such as...

Practice Note

Why are lenders concerned about environmental risk? The ever growing number of environmental laws has affected the way that lenders perceive environmental risk and has...

Practice Note

Lenders' risk exposure Lenders are increasingly concerned with environmental risk in their day to day secured lending businesses. All major UK banks now have to make, to...

Practice Note

The range of funding options open to companies has exploded, resulting in a vast array of different capital and security structures. Before the 2007/8 credit crunch, it...

Practice Note

One of the features used to categorise loans is the number of lenders involved. A loan involving one lender is known as a 'bilateral loan'. A loan involving more than one...

Practice Note

The principle of subrogation Subrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy, to ‘step into the...

Practice Note

Land Charges searches are not required for dealings with registered land, but if you are acting for a lender in connection with a charge over an interest in property,...

Practice Note

A charity may be involved in a construction project: • to fulfil its charitable objectives (eg the construction of social housing) • to provide office or other...

Practice Note

Repayment covenant A claim under the repayment covenant in the principal mortgage can be made against any covenantor, whether principal or surety. Whether or not a...

Practice Note