MORTGAGES & CERTIFICATIONS
LOAN AGREEMENT & MORTGAGES
We all fall into the trap of lending funds to family members and friends.
The days of the good old handshake no longer apply from our experience. Family members and friends have a habit of falling out.Then there is the situation of the death of one party to a loan where is can be possible to prove that there was any loan at all.
The solution is to record any loan in an agreement which is secured. This means that that the debt is secured against property if it is available and there is sufficient equity. If the debt is not repaid , the equity in the property can be called upon. A registered mortgage is prepared and lodged. This should be paid for by the borrower. The lender then has security for repayment if there is a default or a death.
Property is the preferred option for security, however a debt can be secured over a business or chattels such as motor vehicles.
If you need us to assist in preparing a loan agreement and mortgage please contact us.
You can engage us to certify loan documentation and guarantees provided by financial institutions such as banks, building societies and private lenders.
The lender requires a detailed certification process which requires you to read through the documents, confirm your understanding, attend an interview with us where you provide us with confirmation of your identity and we review and explain the materials provided by the lender. You will need to leave the interview with an understanding of your liabilities and responsibilities contained in those documents.
The process for a Reverse Mortgage is similar but has its own complexities. Please call to discuss with one of our solicitors is you are entering into such a mortgage.
Contact us on 07 5474 4822 to make your appointment - Lynch Law Legal Solutions Noosa