March 6, 2018
February’s Client Newsletter From Lavelle Solicitors
In the February edition of our client newsletter, we discuss Start-Ups Preparing for Investment Are you involved in a Start-Up ? Do you know what you should consider when...
Receiver Property Disposals
Lavelle Partners’ specialist property team provide receivership advice and representation for the disposal of residential and commercial property in Ireland.
Over the past 30+ years, we have been appointed as fixed charge receivers by the National Asset Management Agency (NAMA) and many of Ireland’s largest mortgage lenders. As such, we have the skills, experience, and credibility to handle your matter from the outset to completion.
If a mortgage borrower (mortgagor) defaults on his mortgage loan repayments, the lender may seek to recover amounts owing by way of appointing a receiver to take charge of the secured property. Secured lenders have a legal ‘charge’ over a property which protects the money they have loaned. This charge is registered against the property and remains in place until the mortgage is repaid. It is important to understand that for lenders, seeking to invoke receivership is a method of last resort in order to recoup the monies they have loaned. As a receiver (also referred to as a fixed charge receiver), the appointed party assumes the same rights and responsibilities of the owner.
In Ireland, receivership legislation is contained within the Conveyancing Act 1881, and the Land and Conveyancing Law Reform Act 2009.
Receivership should not be confused with insolvency (see our insolvency page here); which is the process of recovering floating assets owned by a company.
By engaging Lavelle Partners’ specialist property Solicitors to manage your receivership, you will also benefit from our full range of in-house legal expertise, including in the areas of taxation, planning law, corporate and commercial law and litigation. As such, we use the full range of our combined legal practices to achieve the best possible outcome for our clients.
For further information on how we can help you with property fixed charge receiver disposals in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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