Debentures, Mortgages & Charges
Debentures, mortgages, and charges play pivotal roles in securing financing and protecting creditors’ interests. Whether you are a lender seeking security over assets or a borrower looking to understand your obligations, our experienced team is here to guide you through every step of the process.
A debenture is a document that acknowledges a loan and typically grants the lender a charge over the assets of the borrower. It can take various forms, including fixed or floating charges, each with distinct implications for both lenders and borrowers.
Mortgages, on the other hand, are specific types of loans secured against immovable property, such as land or buildings. They involve the transfer of an interest in the property to the lender as security for the loan. Our team possesses the expertise to guide clients through the intricacies of mortgage transactions, ensuring that their interests are protected at every stage.
Charges, encompassing both fixed and floating charges, are additional mechanisms used to secure loans or other forms of credit. A fixed charge typically applies to specific, identifiable assets of the borrower, providing the lender with a priority claim over those assets in the event of default. In contrast, a floating charge covers assets that may change over time, such as inventory or receivables.
We understand that commercial transactions often involve multiple parties with competing interests. That’s why we offer comprehensive advice on deeds of priority, ensuring equitable treatment and clear allocation of rights among lenders.
Additionally, we recognise the importance of guarantees in securing financing arrangements. While guarantees are common in commercial transactions, conflicts of interest may arise, requiring independent advice for guarantors. Our team is equipped to handle these complexities, providing expert guidance to protect all parties involved.
Navigating debentures, mortgages, and charges requires legal expertise. Our firm can offer tailored solutions to meet your needs, whether you are seeking to secure financing, enforce your rights as creditors, or manage insolvency risks.