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 deliver high-quality, same-day turnaround with technology-driven systems.
Turnaround available
Trust us nationally
PEXA capability
McCarthy Durie Lawyers
Typically replies instantly
You
Does this sound like you?
McCarthy Durie Lawyers
Typically replies instantly
You
What We Do
Comprehensive security document preparation for financiers, with same-day turnaround and multi-state capability.
Preparing and negotiating deeds of priority and loan syndication agreements to protect your lending position.
Thorough pre-settlement reviews of trust deeds, contracts, leases, and joint venture agreements on behalf of financiers.
End-to-end mortgagee debt recovery, from entering receipt of rent through to exercising power of sale.
Dealing with this right now?
We can talk through your situation and explain your options. No obligation, no jargon.
Our Process
We receive your lending instructions and confirm scope, timing, and any special requirements.
Our dedicated team prepares your security documents with same-day turnaround capability.
We conduct thorough pre-settlement reviews and report on any issues or risks.
We attend settlement via PEXA, ensuring fast registration and funds transfer across jurisdictions.
In Detail
We prepare comprehensive suites of security documents for financiers that comply with relevant legislation and ensure mortgage priority.
When multiple lenders are involved, priority arrangements must be carefully negotiated. We prepare and negotiate deeds of priority to:
For larger transactions involving multiple financiers, we prepare and negotiate loan syndication agreements to govern the relationship between lenders including:
Before advancing funds, thorough due diligence is essential. We conduct comprehensive reviews including:
When borrowers default, we assist financiers with the full range of enforcement options including:
We conduct finance settlements using the Property Exchange Australia (PEXA) platform, enabling:
The Personal Property Securities Act impacts how security interests are created and enforced. We advise on:
We have deep expertise in the specific requirements of construction and development lending including:
We prepare comprehensive suites of security documents for financiers that comply with relevant legislation and ensure mortgage priority.
For larger transactions involving multiple financiers, we prepare and negotiate loan syndication agreements to govern the relationship between lenders including:
When borrowers default, we assist financiers with the full range of enforcement options including:
The Personal Property Securities Act impacts how security interests are created and enforced. We advise on:
When multiple lenders are involved, priority arrangements must be carefully negotiated. We prepare and negotiate deeds of priority to:
Before advancing funds, thorough due diligence is essential. We conduct comprehensive reviews including:
We conduct finance settlements using the Property Exchange Australia (PEXA) platform, enabling:
We have deep expertise in the specific requirements of construction and development lending including:
Our Team
Latest Insights
In a report released last week on Wednesday, (REP 778: Review of Online Trading Providers), ASIC has highlighted its observations from its surveillance of online trading providers. ASIC is concerned about the potential risks associated with online tr
Read more
In a recent publication, ASIC unveiled its second report on the Reportable Situations Regime (Regime), titled "Insights from the reportable situations regime: July 2022 to June 2023" (REP 775). This report sheds light on the trends and observations g
Read more
In an Era of Continual Change and Scrutiny: McCarthy Durie Lawyers’ New Full-Service Solutions for Australian Financial Service Providers McCarthy Durie Lawyers is excited to announce its new full-service solution for Australian Financial Service Pr
Read moreFAQ
A deed of priority is an agreement between two or more secured lenders that sets out the order in which they will be paid out from a borrower's assets if there is a default. Lenders use them when a borrower grants security to more than one party over the same asset, so each lender's position is clearly ranked and disputes are avoided down the track.
PEXA (Property Exchange Australia) is the national electronic conveyancing platform. Most mortgage and property settlements in Australia are now completed through PEXA, allowing instant registration of titles and mortgages and same-day clearing of funds. It also supports multi-jurisdictional transactions, which is important for lenders settling across more than one state.
Under the Personal Property Securities Act, a lender must register on the PPSR to perfect a security interest in personal property such as inventory, equipment or accounts. Registration affects priority between secured parties and can be the difference between recovering an asset or losing it in an insolvency. Registration should happen as soon as the security interest is created.
Where a borrower defaults on a secured loan, a mortgagee generally has a contractual and statutory power to sell the secured property to recover the debt. The lender must follow strict notice requirements and obtain market value. We act for financiers through every step, from issuing notices of default to settling the sale and accounting for surplus funds.
Loan syndication is when a group of lenders jointly fund a single loan, often used for larger commercial or development projects. The lenders sign a syndication agreement that governs decision-making, sharing of repayments, and enforcement on default. Each lender's position needs to be properly documented so the syndicate operates smoothly during the life of the loan.
Yes. Our team has invested in technology-driven systems specifically so we can prepare comprehensive suites of mortgage and security documents with same-day turnaround when settlement timing demands it. We act for some of Australia's largest mortgage funds and regularly handle urgent multi-state matters.
Online Enquiry
Have a question about mortgages & securities? Fill out the form below and one of our experienced lawyers will get back to you, typically within one business day.
You do not need to have all the answers. Get in touch and we will help you understand where you stand and what to do next.
