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Vol 23 No 5 May/June 2018

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Lending on Commercial Property

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ISBN13: 9780752001838
ISBN: 0752001833
Published: October 1995
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print

This concise and practical guide discusses every aspect of lending on commercial property. The funding of commercial property transactions is central to the development and acquisition of commercial property sites. The professionals involved - commercial lawyers, in-house specialists, chartered surveyors and valuers - need a clear understanding of the various disciplines and procedures. Lending on Commercial Property is the first work to combine legal analysis with treatment of the valuation issues in one comprehensive yet practical text.

The authors, a solicitor and a chartered surveyor, describe in detail the legal requirements and the documentation central to the decision to lend, and the text deals with:-

  • types of secured property
  • property law
  • security issues
  • mortgages
  • valuation and monitoring
  • retrieval of capital
In each case the relevant precedents and specimen clauses are clearly set out. The narrative is also supported by checklists and bullet points so that practitioners do not miss a step in transactions. What is more, the authors make practical recommendations in respect of new valuation guidelines throughout the text where relevant, with coverage of key case

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Commercial Property
The Decision to Lend
1. Borrowers to avoid
2. Property to avoid
3. Risk assessment
4. The ten commandments for lendings
Why Lenders need Valuations
1.New lending
2. Monitoring Existing Loans
3. Retrievval of Capital
4. Valuation Methods
Types of Property
1. Investment property
2. Owner/occupier property
3. Development property
4. Specialist property
Types of Sucurity
1. Generally
2. Borrowings secured on land
Key Security Documents
1. Legal mortgages
2. Debentures
3. Guarantees
1. Stamp duty
2. Capital taxes
3. Vaue Added Tax
4. Taxation of mortgage interest
Priority and Registration
1. Registered land
2. Unregistered land and legal charges
3. Priority between interest in land
4. Tacking and further lending
Insolvency of Borrowers
1. Administration
2. Administrative receivership
3. LPA receivership
4. Liquidation
5. Bankruptcy
Remedies for the Lender
1. Right of sale
2. Right to take possession
3. Right to appoint a receiver
4. Right to sue
5. Right to forecloses
10. Checklists.