Lending & Security
Private lending, loan documentation and security structures prepared with priority, default and recoverability in mind.
Lending & Security
OneLegal acts on lender-side and private lending matters where documentation, security, and recoverability are central to the outcome. Our work is concentrated on three areas: documentation, security structuring, and recoverability-focused preparation. Each matter is handled to a defined scope, with a clear engagement letter setting out fee basis and the lawyer responsible.
Documentation work covers loan agreements, deeds of guarantee, deeds of priority, general security agreements, and supporting collateral documents — drafted, reviewed, and amended to match the structure of the transaction. Security structuring covers mortgages, caveats, PPSR registrations, guarantee structures, and priority arrangements, with attention to how the security will hold up if the loan goes wrong rather than only how it reads on origination. Recoverability preparation covers documentation prepared with enforcement in mind, including review of existing facilities being refinanced or assigned.
The firm acts for private lenders, non-bank lenders, and brokers and finance professionals coordinating documentation for lender clients. Borrower-side instructions are taken where there is no conflict and where the matter fits the firm's scope. Conflict checks are completed on every new matter before an engagement letter is issued.
Documentation
- Loan agreements, term sheets, and facility variations
- Deeds of guarantee and indemnity
- Deeds of priority and intercreditor arrangements
- General security agreements and supporting collateral
Security structuring
- First-mortgage and second-mortgage arrangements on Auckland property
- Caveats and priority registrations
- PPSR registrations on company and personal property security
- Guarantee structures involving company, trust, and individual borrowers
Recoverability preparation
- Documentation prepared with enforcement and exit in mind
- Review of existing facilities on refinance or assignment
- Pre-enforcement review of distressed loans
- Loans secured against multiple properties, including cross-collateralisation
For referrers
We regularly work with brokers, accountants, lenders and other professional advisers. If you are referring a client, send us the key transaction details and timing and we will confirm the appropriate next step.
What to send when instructing
For a new lending matter, the firm typically needs the loan amount and proposed term, borrower details, security details including property address and existing encumbrances, LVR and any relevant valuation information, the loan purpose and proposed exit strategy, any existing draft documentation, the settlement timeline or funding deadline, and any risk concerns the lender or referrer has already identified. The lending intake form captures this information in structured form. For urgent matters, a phone call is faster.
Representative matters
- Acted for a lender on a secured loan variation and further advance, involving extended terms, guarantees and updated security documentation.
- Acted for a borrower group on a secured refinancing, involving priority arrangements, general security and releases of existing security interests.
- Acted for a trust borrower on a second-ranking refinance, involving first-mortgagee consent, personal guarantees and priority requirements.
- Acted for a lender on a secured business loan, involving multiple Auckland security properties, a general security agreement and PPSR registration.
- Acted for a corporate borrower on a secured property loan, involving a first-ranking mortgage, personal guarantees and lender certification requirements.
FAQ
What areas does OneLegal focus on?
Property and development, lending and security, and disputes and enforcement, including debt recovery arising from property and lending matters. If a matter falls outside our focus, we say so early.
What happens after I make an enquiry?
We confirm receipt, run a conflict check and ask for anything needed to assess the matter. If we can act, we confirm the scope, fee basis and responsible lawyer. If the matter is outside our scope, we say so.
What should I send with my enquiry?
A short summary of the matter and any deadlines. For lending matters, include the loan amount, security and timing. For disputes, include the other party, key dates and current stage. Do not send confidential documents until we have completed a conflict check and confirmed in writing that we can act.