Having security over tangible assets such as land and property is essential to protect the lender in an insolvency situation. Hand in hand with this is the need for legal due diligence to confirm there are no issues which would affect the value of the property or the lender’s ability to sell it and recover the outstanding loan amount.
Where properties are subject to leases or tenancies, it is also important to confirm the rental income is sufficient to repay the debt and that all leases are on standard commercial terms.
Our specialist team are highly skilled in carrying out title reviews on all types of properties, including:
- Residential properties (houses, flats, apartment blocks and HMOs)
- Commercial properties (offices, shops, industrial units and warehouses)
- Mixed use properties (offices, shops and residential)
- Agricultural land and buildings
Examples of recent work in this area include:
- Acting for the bank in the auction purchase of a mixed-use property (retail and residential) in London, plus a charge over a second mixed use property and also a debenture. We achieved completion of this deal within nine working days of being instructed.
- Advising the lender on the refinance of a 42 property portfolio (commercial, residential and mixed use) including practical and commercial advice around issues such as EPCs and asbestos surveys, which had the potential to delay completion. Six members of the team worked on the matter to achieve completion within seven weeks of instruction, which exceeded both the customer and the lender’s expectations.
- Acting for both the customer and their lender transferring a portfolio of 58 residential properties from a partnership into the company name and putting in place charges to the lender. We worked closely with the customer’s accountant to ensure that the partnership incorporation was completed properly and complied with HMRC rules.