Whilst there may not be many new lending opportunities for the real estate sector in Europe this coming year, in considering existing and new loans lenders are cautiously considering and analysing their borrowers' structures and security from a commercial and legal perspective. More comprehensive security packages are now typically required, and in agreeing terms borrowers are required to discuss the structure and extent of the security available.
A clear understanding of the security available is therefore fundamental for lenders and borrowers. To assist, CMS has launched an interactive International Guide to Real Estate Finance. This provides a clear and concise explanation on how a lender (local or foreign) can take security over real estate and options as to enforcement. The Guide provides a detailed chapter for most European jurisdictions and is split into three parts:
(i) Mortgages - this section includes an outline as to direct security over real estate and how this security may be enforced;
(ii) Security over Shares - real estate is often held in locally incorporated SPVs, and this section summarises the mechanics of taking security over the shares in these vehicles and enforcement of this alternative security;
(iii) Leases - this section summarises typical occupational leases and legal issues which would be likely to impact upon the valuation and security of income.
The Guide is for anyone involved with or interested in real estate finance, either as a reminder for your own local and existing market(s) or as a useful introduction if you are considering lending or borrowing in European jurisdictions new to you.
You can visit the online interactive guide here.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 24/03/2011.