Refinancing and Secured Lending

At Barton Legal we cover all aspects of secured lending, whether you are a lender or a borrower.

What is refinancing and secured lending?

Third party finance is often obtained to enable the acquisition and/or (re)development of property for commercial purposes.  In addition, changes to business needs and lending facilities may result in the need to refinance.

Who do we help with refinancing and secured lending?

Whether you are a purchaser/borrower or a funder, you need to ensure that all documentation is in place, that when executed it will be both robust and legally binding, and that all necessary safeguards have been included.

How do we support you with refinancing and secured lending?

Documentation may be in various stages of negotiation and may be intended to inter link. You may need amendments to reflect changes or additions that are beneficial to you and your intended use or funding requirements.

What are the key considerations?

Due diligence:

1. Have all the required checks/searches been carried out e.g., environmental, priority, insolvency?
2. Have any relevant surveys been obtained?

• Early termination consequences:

1. Will you have to pay any early repayment charges for terminating the loan before a certain period?
2. Do you have sufficient funds to pay these costs?

• Liability:

1. Have your obligations under the finance documentation been correctly discharged?

• Finance documents - Do they include all the relevant provisions? For example:

1. Covenant to pay – when is the borrower required to pay and how much?
2. Liability of the borrower – is this limited or could it be affected by other factors e.g., review of lending facility?
3. Property covenants – repair and maintenance obligations? Restrictions affecting the property?
4. Assignment – is the lender entitled to transfer their rights without the borrower’s consent?

Why Barton Legal?

Our dedicated team will provide the dynamic advice and guidance you need to steer through the lending process, explaining the documents in clear language and ensuring that no key elements are overlooked.