Mortgage & Finance

At MacGregor O’Reilly our experienced finance and securities team acts for a number of mortgagees, private lenders, superannuation funds and managed funds in relation to a diverse range of lending and securities transactions. Our finance and securities team offer a complete range of advice and assistance in relation to loan and securities documentation and compliance for both Consumer Credit and Business transactions. Our services range from the drafting of loan offers and documentation sets, to comprehensive and specialised mortgage documentation and compliance advice through to loan recovery and mortgagee in possession proceedings in the event of default and enforcement.

Our team practices over a number of jurisdictions and can assist you in relation to lending, compliance and enforcement throughout Australia.

Loan Documentation

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.

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.

PPSR, Business Loans & Guarantees

At MacGregor O’Reilly 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.

Solicitor’s Advice

As a Borrower, Mortgagor or Guarantor our team at MacGregor O’Reilly 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.

Credit Licensing

Under the National Consumer Credit Protection Act 2009 businesses that are engaged in credit activities are required to be licensed. MacGregor O’Reilly 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.