Banking & Finance Lawyers
Moonee Valley & Sunbury
Whether you’re borrowing or lending, it pays to have the right legal advice. At Nicholas James Lawyers, our Banking & Finance team helps you understand the fine print, avoid costly risks, and secure the best outcome—every step of the way.
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We advise both borrowers and lenders on loan agreements, mortgage documents, and recovery.
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Why Choose our
Banking & Finance Lawyers?
- Straightforward advice, no jargon
- Deep knowledge of loan and mortgage law
- Clear focus on risk management for both sides
- Flexible fee options and fast response times
Our Full Range of Banking & Finance Services
Legal Advice for Borrowers
Before signing anything, we’ll help you understand exactly what you’re agreeing to – and where the risks are. Our experienced team in Moonee Valley and Sunbury can assist with:
- Reviewing loan facility and security documents
- Explaining your obligations under a mortgage, guarantee and indemnity, other security or loan
- Highlighting any potential risks or red flags
- Assisting with execution of documents
- Providing Solicitor’s Certificates where required
Lending large sums comes with serious risks. Whether you’re a private individual, business owner or non-bank lender, we’ll help you structure your loan securely and plan for what happens if things go wrong.
Our services include:
- Drafting tailored loan facility agreements with mortgage or security clauses
- Advising on proper due diligence and risk assessment (e.g. credit checks, title searches)
- Implementing recovery strategies against defaulting borrowers
- Assisting with enforcement procedures to recover outstanding amounts
Non-bank lenders face additional exposure to things like fraud, poor credit history and compliance issues. That’s why due diligence matters.
We assist with:
- Title and property searches
- Company checks and credit reports
- Structuring legally sound lending arrangements
- Recovery strategies for non-payment
PROUDLY SUPPORTING OUR COMMUNITIES
Banking and Finance Team
NICK TERZIOVSKI
Director
Elizabeth Ong
Special Counsel
Matthew White
Senior Associate
Candice Maschewski
Accounts Manager
Frequently Asked Questions
What is Non-Bank Lending?
A non-bank lender is a lender who is not a bank, building society or credit union, but one that has its own source of funds and lends those funds out with an added margin for profit. Further, Non-Bank Lenders offer short-term loans that include low doc loans, mezzanine loans, bad credit loans, business loans, construction funding and land bank loans.
What documents does a Non-Bank Lender need?
What Loan Documents are required to complete a non-bank transaction?
The suite of loan documents that follows a private funding loan offer have grown extensively in recent years to help protect the lender from any claims being by the borrower or guarantor as to the documents’ validity.
The documents you will normally encounter include:
- The Loan Agreement
- Mortgage
- Power of Attorney
- Authority to Complete Documents
- Disbursement Authority
- Verification of Identity Forms
- Form of Acknowledgement
- Business Purpose Declaration
- Acknowledgement by Guarantor
You will also be required to execute the documents with an Australian Legal Practitioner who will be asked to provide advice to you on the documents and complete an Australian Legal Practitioner’s Certificate.
What happens if you default on a private loan?
It is important to comply with all terms of the Loan Documents during the term of the loan. If you fail to comply with any of the terms, including making a payment by the due date, you will fall into default under the loan. Once you default, the lender can take the next steps to recover the money you owe them, including selling your property. Default can also have negative consequences on your credit score.
What are the risks of non-bank lenders?
There are many risks that non-bank lenders face, including fraud, money laundering and untrustworthy borrowers. As a result, non-bank lenders carry out extensive due diligence procedures, including completing title searches, company searches and credit checks, as well as requiring property valuations. These procedures are designed to help lenders verify the borrower or guarantor and assess their risk factors.
What are the advantages of using a non-bank lender?
There are several advantages of using a non-bank lender compared to a traditional bank, including:
- They are specialist lenders who can help higher-risk borrowers who were rejected by major banks due to a variety of reasons like their credit history or their employment status.
- They have different and lenient methods for assessing existing and new debt.
- They can assess an event of default on a case-by-case basis.
- They can offer competitive and sometimes even cheaper interest rates than traditional banks.
- They have significantly shorter turnaround times.
- They offer a much more personalised service.
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Our team of skilled professionals are ready to assist you with expert advice and tailored solutions. Don’t navigate legal challenges alone – contact us today.
PROUDLY SUPPORTING OUR COMMUNITIES
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With a commitment to excellence and client satisfaction, our team is here to guide you through any legal challenge. Contact us today.