Our loan documentation is prepared to comply with the latest developments in mortgage and securities law. We tailor the mortgage documentation to your specific needs (first mortgages and second mortgages) and provide legal advice on all matters pertaining to ensuring that the loan contract is valid and enforceable and the mortgage is properly registered and enforceable in the event of a default..
PPSR, BUSINESS LOANS & GUARANTEES
At MacGregor O’Reilly Nash we can assist in relation to all forms of security including ranging from registration of security interests on the Personal Property and Securities Register and personal guarantees from officeholders and third-parties to fixed and circulating interests over company assets and undertakings.
Under the National Consumer Credit Protection Act 2009 businesses that are engaged in credit activities are required to be licensed. MacGregor O’Reilly Nash can draft the documents required to obtain an Australian Credit Licence and comply with your obligations as a credit provider under the act and handle the application process on your behalf. Our services range from compliance through to the drafting of compliance documentation and monitoring of your ongoing compliance requirements to ensure you can operate your credit business with confidence.
ENFORCEMENT AND RECOVERY
In the event of default under a mortgage, we can act for a mortgagee and issue default notices to attempt to rectify the default. If the mortgagor (borrower) fails to rectify the default we can advise a mortgagee (lender) on their options and legal rights and powers for recovering the principal investment whether it be taking possession, mortgagee sale or any of the other remedies available to the mortgagee under the Property Law Act 1974.
Our experienced team will ensure that as a lender your securities and enforced promptly and without unnecessary delays. Our unique approach to mortgage enforcement will ensure that your investment is protected and recovered as soon as possible without unnecessary costs.
As a Borrower, Mortgagor or Guarantor our team at MacGregor O’Reilly Nash can provide you with independent legal advice and/or a solicitor’s certificate in relation to the all types of loan documents. We will walk you through the legal implications of being a borrower, mortgagor or guarantor for a loan and ensure that you fully understand the legal obligations in clear and simple language and we are available to answer any questions you may have.