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Secured Lending

Commercial Property

Meet Jeremy Burke

If you are borrowing money secured against real property we can advise you on the security documentation, undertake the legal due diligence requirements of the lender and then register the security documents at the Land Registry and at Companies House on your behalf.

We are often instructed by both the borrower and lenders for standard documentation, and on occasions we may be instructed by the lender alone.

Common scenarios for secured lending include:

  • in conjunction with purchasing a property
  • bridging finance
  • providing security for development finance
  • refinancing when there is a change in the use of the property e.g. from a development loan to an investment loan when the development completes and is let
  • refinancing when there is a change of borrower, e.g. a change of Partners in a partnership, or a partnership converts to a company
  • inter-company loans between group companies
  • refinancing a portfolio of several properties.
Security documents

Security documents for commercial property are more complex than a residential mortgage, lengthier and more complex. They will also contain more active conditions and require the borrower to give more warranties. Whilst the lender will generally prepare the security documents, we are often asked by clients to prepare security documents and can also prepare the associated documents such as board minutes and resolutions.

Due diligence

In secured lending matters dealing with the due diligence requirements of the lender requires a great investment of legal time. Our Commercial Property team are experienced in this area and are able to undertake this work quickly allowing you to complete your funding as soon as possible.

Self-Invested Personal Pension (SIPP)

It can make sense that, instead of renting a property or paying a mortgage, pension funds are used to purchase a property. This is entirely possible on condition that the property is not residential, the property will be owned by the trustees of the SIPP, and a lease is granted to the business operated from the property at a market rate. It is also possible to have a mortgage at the same time if there are insufficient funds in the SIPP.

We have close working relationships with many SIPP providers and if you are interested in using your pension funds to purchase commercial property on this basis we would happy to discuss this with you further.

For further advice on secured lending please contact a member of our Commercial Property team based in Canterbury, Ashford and Herne Bay.

Our Experts

Jeremy Burke

Head of Department
Commercial Property

Amrita Bartram

Partner
Commercial Property

David Redgate

Partner
Commercial Property

Amy Husk

Senior Associate Solicitor
Commercial Property

Simon Stempien

Senior Associate Solicitor
Commercial Property

Sophie Robins

Senior Associate Solicitor
Commercial Property

Allison Simmons

Conveyancing Executive
Commercial Property

Macauley Cubitt

Trainee Solicitor
Commercial Property

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