Lending

TWM has specialist experience in lending, finance and private equity real estate (PERE).

We provide advisory and transactional services to lenders and borrowers: private and corporate, regulated and unregulated, onshore and offshore, structured debt or private equity, real estate or alternative asset. We also lead conversations on new and emerging markets impacting our finance clients: FinTech, PropTech, blockchain and Robo-advice.

Lending experience and our approach

Our lending work includes mortgage debt, consumer credit, bridging, development and asset lending; our clients including prominent banking institutions, onshore/offshore funds and family offices, alternative lenders (including market leading peer-to-peer and crowdfunding platforms) and private lenders.

We believe in a whole-of-life advice cycle which matches our deep experience in all areas of our clients’ business.  We actively seek out new and re-emerging entrants to the UK market: working with other stakeholders to assist in both full or product launches. With 20 years in the specialist sector, we are perfectly placed to give feedback on market reception and distribution.

Enforcement and recovery

Our lender-oriented support extends not only to advisory and preparation of lending documentation, origination and conclusion of transactional business, but also to enforcement and recovery. Our Dispute Resolution team work closely with us to provide support to lenders, servicers and asset managers bringing in our key technical know-how to avoid regulatory, procedural or legislative pitfalls in working out loans. We welcome working with Residential Mortgage-Backed Securities (RMBS) and Commercial Mortgage-Backed Securities (CMBS) funds, including non-performing loans, on the acquisition and work-out of portfolios globally, and count some of the most significant acquirers among our clients and connections.

Structuring funds ready for investment

We regularly work with clients on structuring funds ready for investment and then creating and recommending channels for distribution (in retail) or marketing (private placement).  We will work alongside other professional advisors to draft the principal fund documentation. This includes investment management agreements, advisory and operator agreements, asset management agreements and capital introduction agreements. We have extensive networks of family office wealth, third party marketeers and advisers and our work with market makers gives us the opportunity to understand secondary markets, derivatives and counter party swaps and risk. We take all parties’ needs on to deliver a fuller solution for the client and fund.

Borrower clients

Our borrower clients include individual borrowers, start-ups and multi-national businesses, whom we assist with re-financing, raising capital and advising on structuring or shareholder relationships.  Raising funding for a business is one of the biggest hurdles entrepreneurs and small businesses face and while their idea, product or service may be incredible, their internal procedures and management processes often undermine their borrowing prospects as they appear unattractive to a funder.

In summary, we provide legal and business services to help clients be equity/debt ready.

Principle areas of focus include:

• Facility and loan agreements;
• Guarantees;
• Debentures and share charges;
• Legal and equitable mortgages;
• Subordination and priority arrangements;
• Intercreditor documentation and mezzanine financing;
• Property and development finance;
• Acquisition and asset finance;
• Refinancing;
• Consumer lending;
• RMBS and CMBS;
• Private equity.

Track record and experience

Click here to see highlights of our recent work: Lending Experience

Related media

The Lending team at TWM Solicitors regularly feature in various media outlets. Click on the links below to view their latest features.

• In Mortgage Finance Direct, our lending expert Lucy Farrow-Smith looks at the new Deposit Unlock scheme and the potential concerns and points for lenders to consider.
  – 4 March 2024
• In Financial Promoter, Julian Sampson, Head of Lending at TWM Solicitors shares his views on Consumer Duty.

Julian Sampson, Head of Lending at TWM Solicitors, speaks regularly at multimedia events, offering his insight into the property and mortgage market. Please click the links below to watch the latest recordings featuring Julian Sampson.