Loan Agreement / Mortgage / Finance

Property financing and borrowing arrangements must be structured correctly to protect your interests and comply with the law. We advise individuals, investors, SMSFs and private lenders on loan agreements, mortgages and related finance documents so you understand the risks and obligations before you sign.

• Loan agreements and secured lending - Well‑drafted loan agreements set out how and when money is to be repaid, interest, security and default consequences. We prepare and review loan agreements between family members, private lenders and related entities, and advise on appropriate security such as mortgages or caveats. Our team ensures the documentation reflects the true arrangement and is enforceable if something goes wrong.​

• Mortgages and security documents - Taking or granting a mortgage is a significant step. We explain the effect of mortgage and guarantee documents, review terms required by banks or private lenders, and advise on priority issues where there are multiple securities. Where appropriate, we prepare and register mortgages and deal with any associated title and discharge requirements.​

• SMSF transactions and limited recourse borrowing - Self‑managed superannuation funds are subject to strict rules when borrowing to acquire property. We assist with SMSF property transactions, including limited recourse borrowing arrangements (LRBAs), to help ensure compliance with superannuation and tax laws. This includes reviewing bare trust deeds, loan terms and security documents, and working with your financial adviser or accountant.​

• Equity release and reverse mortgages - Equity release and reverse mortgage arrangements can unlock funds but may affect future options and entitlements. We review equity release and reverse mortgage contracts, explain how interest and fees work over time, and outline the impact on your estate, beneficiaries and any aged care or Centrelink considerations. Our focus is on making sure you and your family clearly understand the long‑term consequences.​

• Talk to us before you sign - Early advice can help you choose the right structure, avoid unexpected liabilities and protect your property. If you are entering into a loan agreement, mortgage, SMSF borrowing or equity release arrangement, contact HOCW’s property and conveyancing team in Melbourne to discuss your options.