Commercial Lending and Guarantees

We are experienced in advising on commercial and buy-to-let Mortgages on behalf of lenders and commercial borrowers and Guarantee and Indemnity Agreements entered into by companies and directors.

There are various legal aspects to taking out or granting a Mortgage, whether that is reporting on the legal implications of entering into a Mortgage or Guarantee Agreement, or reporting to a lender as to whether the property is good and marketable.

We will guide you through each step of the process and ensure that any potential issues are dealt with promptly and practically.

Below is a brief outline of the work we typically carry out in these matters:

  • Obtaining official copies of title from the Land Registry together with any ancillary deeds or agreements.
  • Liaising with the lender in relation their requirements.
  • Applying for the searches required by the lender; such as local authority, drainage and water, environmental and chancel repair.
  • Reviewing the Mortgage or Guarantee documentation and reporting on their contents and the implications.
  • Drafting or reviewing the terms of secured and unsecured loan agreements.
  • Negotiating and drafting bespoke credit facility and security agreements.
  • Reviewing and analysing the title documentation, search results and ancillary documentation (for example planning permissions), liaising with the client and the lender in respect of any potential problems and recommending solutions.
  • Reporting to the lender on the results of our searches, title and ancillary documentation.
  • Executing the security formalities of the Loan and/or Mortgage.
  • Carrying out the pre-completion searches.
  • Registering the mortgage at the Land Registry and Companies House (as appropriate).