Mortgages and Securities

At McCarthy Durie Lawyers, we are trusted by a wide range of financiers — including some of Australia’s largest mortgage funds — to manage their mortgage lending and recovery needs.

We understand the need for speed and precision in loan documentation. That’s why we’ve invested in technology-driven systems and innovative processes that allow us to deliver high-quality, same-day turnaround. In many cases, we issue loan and security documents within four hours of receiving instructions.

From small private loans to large-scale finance transactions, our experienced team provides mortgage processing services nationwide, across all Australian jurisdictions.

Our reputation is built on consistent, commercially focused results and cost-effective solutions — delivered with the responsiveness and professionalism our clients rely on.

How We Help

MDL’s dedicated Mortgages & Securities team provides comprehensive support with:

Corporate finance
Acquisition and construction finance
Mezzanine and subordinated debt financing
Intercreditor and syndicated finance arrangements
Structuring advice
Pre-settlement due diligence for financiers
Debt recovery and financial workouts
PEXA transactions
PPSR registration and compliance

The Mortgages and Securities Process

1) Preparing suites of security documents for Financiers that comply with the relevant legislation, ensure mortgage priority and facilitate loan advance settlements across various states in a timely manner.

2) Preparing and negotiating deeds of priority between multiple mortgagees to ensure the Financier’s interests are protected while ensuring the best practical commercial outcome.

3) Preparing and negotiating loan syndication agreements between Financiers to govern the relationship between Financiers on a joint loan.

4) Conducting Financier due diligence including review of trust deeds, pre-sale contracts, leases and joint venture agreements.

5) Assisting with mortgagee debt recovery including entering into receipt of rent and profits, exercising mortgagee power of sale and strata titling property as mortgagee in possession.

6) Conducting finance settlements using the Property Exchange Australia (PEXA) platform which enables faster registration of security and funds transfer, as well as the ability to efficiently transact across multiple jurisdictions with minimal additional cost to our clients.

Meet Our Team

Nathan Hardman

Director | Mortgages & Securities

Kelli Papastergou

Associate | Mortgages & Securities

What our Clients say about us!

“MDL has been an integral part of our lending operations, providing exceptional legal support and guidance. Their expertise in preparing secure and timely loan documentation has been invaluable, ensuring our interests are always protected. They are reliable, responsive, and consistently go above and beyond to meet our needs. We highly value their professionalism and the peace of mind they bring to our transactions.”
Joe

Latest from our Mortgages & Securities Team

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