Property Finance and Secured Lending

Lavelle Partners commercial property and banking Solicitors advise in relation to commercial property funding and security for lenders.

Our team will work with you from the inception of any property related lending project to ensure the legal and security aspects of the deal are completely water-tight.  We will assist with the initial scoping and due diligence necessary to assess the risks and potential returns to be gained from a commercial lending arrangement. 

As ours is a full-service law firm, our property and commercial law teams will coordinate with our other law specialities, including taxation, environmental law, and contract law to provide a complete picture of any risks you as a lender will face, and how best to mitigate them.  In doing so, we will provide considerable added-value to your projects by seeking to look at the wider picture of the transaction. 

Our team are highly adept at undertaking the perfection of security, whether through a legal mortgage, equitable mortgage, fixed charge, or floating charge, whether the land is registered or unregistered.

What are the common forms of property security in Ireland?

The following forms of security are commonly taken over property in Ireland:

Legal mortgage – Under the Land and Conveyancing Law Reform Act 2009 (2009 Act), legal mortgages provide security over property irrespective of whether the land is registered or unregistered.

Equitable mortgage – Whereby a lender is secured by taking possession of all the original title documents of the property that serves as security for the mortgage.

Fixed charge –  A fixed charge is a charge on the specific property and typically involves the vesting of a legal interest in the charge at the time of the transaction.

Floating charge – Security interest over a fund of changing assets (e.g. stock or machinery) – this is a relatively rare form of property security.

Why Choose Lavelle Partners?

• Our Banking and Financial Services Department, headed by Managing Partner, Michael Lavelle, and Partner, Ciarán Leavy, has a wealth of practical experience in relation to property finance and secured lending in Ireland.  We are business people at heart and will work tirelessly to ensure your business interests are represented and goals achieved.
• We have successfully assisted many large corporate property lenders with all legal aspects of their key strategic projects.
• We have existing relationships with a network of property development and construction firms and corporate lenders; our team can help bridge the gap between needs and capabilities enabling the formation of new beneficial commercial partnerships.
• We are personally invested in our clients’ success.  As such, we help you tackle problems and capitalise on opportunities swiftly.  If a conventional solution does not achieve your objectives, we will challenge it, disrupting conventional ways of thinking to create a result that works for you.
• Our team conforms to the latest standards in data protection, confidentiality, cyber-security, and financial fraud – as such, you can be assured your matter is in the safest possible hands.

For further information on how we can help you with property finance and secured lending matters in Ireland and the EU, please contact Lavelle Partners in confidence on (01) 644 5800.