Loan & Mortgage Document Lawyers

Loan & Mortgage Documents Lawyers

Need an experienced loan and mortgage document lawyer?

Are you:

Lending money to someone and need a loan agreement in place?

We can help.

Why Legal Advice is Crucial Before You Sign

Loan, mortgage, and security documents are often complex, lengthy, and drafted primarily to protect the lender’s interests. Signing without expert review can expose you to unforeseen liabilities, onerous default conditions, and potentially costly terms.

We simplify the legal complexity, focusing on the critical elements that impact you:

• Understanding Your Obligations: Clearly outlining your personal liability, repayment structure, and any mandatory terms and conditions.
• Assessing Security Documents: Providing detailed advice on how the loan is secured, whether via a mortgage over residential or commercial property, or another form of security.
• Advising on Guarantees: Explaining the significant risks and legal implications of entering into a personal or corporate guarantee.
• Identifying Default Risks: Clarifying the lender’s rights and the consequences if you cannot meet your repayment obligations.

Are you thinking of lending money to someone?

If you would like to lend money to someone like a family member or friend, we can assist you by drafting a loan agreement between you and the family member/friend (borrower) and possibly also take a mortgage over any property they may own.

Why a loan agreement between family members/friends is important

Having a formal loan agreement and possibly a mortgage securing the loan is not because we don’t trust the loved ones we lend money to, but because it protects everyone from misunderstandings and miscommunications.

• A loan agreement sets out the terms of the arrangement between you and the borrower, which avoids misunderstandings about the arrangement. It sets out crucial information like how the loan is to be repaid to you, how often repayments are to be made, if any interest is charged and how much, etc.;
• A loan agreement makes it clear that the money is a loan and not a gift;
• Your loan would be taken into account in family law matters if the borrower separates from their partner;
• Your loan would be repaid out of the deceased estate if the person you loaned money to passes away;
• If you choose to support the loan by also taking out a mortgage over the property of the borrower, the borrower will not be able to sell the property without paying you your money back first.