Seeking or granting security for a debt (e.g. mortgage of real estate or charge over a business)?

There are many different forms of security that may be given to ensure payment of a debt, repayment of a loan and interest or performance of a contractual obligation.  Examples include:

• Personal guarantees;
• Mortgages of real estate, shares or rights under contracts;
• Fixed and/or floating charges over businesses and business assets;
• Security interests in goods (formerly known as ‘bills of sale’, ‘crop liens’ or ‘stock mortgages’)

Successful security transactions depend upon sound preliminary checks on the property offered as security and correctly drafted and registered security terms.  From a borrower’s point of view, a realistic appreciation of the meaning and practical effect of security documents is the key to avoiding potential disaster.

Tyler & Co has long experience of assisting parties establish enforceable and manageable security arrangements.  To help you create strong security relationships, we can:

• Advise on pre-transaction procedures designed to minimise risk;
• Assist you negotiate appropriate security terms;
• Draft practical security documents that are tailored to your particular transaction and circumstances; and
• Manage payment of stamp duty and registration processes (where appropriate).

Contact us for a preliminary checklist of things you should take into account when negotiating a security arrangement.

Back to Services.