Loan & Security Enforcement
Borrower default is an increasingly common feature of commercial lending. When it occurs, or is anticipated, it is vital to undertake a thorough review of the enforcement and recovery options available to the lender under the related loan documentation. Understanding these options is paramount to realising the lender’s security and enforcing its wider remedies against borrowers and third parties.
You can depend on our experienced dispute resolution team to take a highly robust and partner involved approach when dealing with security enforcement.
We have considerable experience, both domestic and international, in advising on enforcement matters across many asset classes ranging from ships and aircraft to oilfields and fine art. This experience is complemented by a broad experience of advising on the enforcement of underlying financial arrangements such as those relating to finance leases, receivables financing, trade financing, export financing and commodity financing.
As many projects have multi-tiered finance, presenting the various creditors with differing and potentially conflicting security and default protection options, our experience of inter-creditor issues arising as a result enables us to guide our clients towards the most effective commercial outcomes. With significant experience gained in more than one credit crisis, our security enforcement team draws on practical experience gained from domestic and international institutional insolvencies to guide clients to pragmatic solutions.
In addition to asset based security, corporate and personal guarantees can be a crucial element of the loan support package. We have particular experience in disputes relating to the enforcement of guarantees both in England and abroad (including financial institution unilateral undertakings).
We are delighted to work closely with you to develop your default monitoring and recovery procedures, including supporting your in-house training and helping to implement the most appropriate workout strategies. Where necessary, we draw on tried and tested relationships with other enforcement professionals, such as valuers, receivers, insolvency practitioners and lawyers in other jurisdictions to ensure that the whole exercise is managed smoothly and with maximum efficiency and return.
Representative Loan & Security Enforcement Work
Examples of our team’s loan & security enforcement experience include:
- Advised an Eastern European bank on the defence of a claim taken by the subsidiary of its clearing bank (acting on behalf of noteholders) under an alleged corporate guarantee.
- Advised several secured lenders and receivers in more than 700 commercial/buy-to-let/residential investment portfolio enforcement cases.
- Advised several lenders in recovering possession of commercial buy-to-let, and owner residence properties.
- Advised several lenders in connection with numerous multi-million pound settlements and court damages awards obtained against negligent property valuers.
- Advised several lenders on remediation of defective security and monitoring performance of panel solicitors.
Rajesh PablaPartner Dispute Resolution
Rajesh qualified as a solicitor in 2002 and joined the firm in December 2008. His practice focuses on commercial litigation including corporate and shareholder disputes, civil fraud, debt and asset recovery, disputes arising out corporate transactions and commercial contract claims.
He also practices in several fields of professional liability with particular emphasis on claims against lawyers, financial institutions and advisors, surveyors, and architects.
Rajesh acts for clients from a diverse range of business sectors, including property, IT, sports and media, fashion, banking and travel.
Rajesh is listed as a recommended lawyer in the Legal 500 2021 rankings.
- Advised 3 shareholders who successfully brought claims alleging unfair prejudice against a majority shareholder of an IT company.
- Successfully defended clients accused of setting up a competing business and arranging the fraudulent liquidation of a company.
- Advised a director with interests in a group of IT companies, defending claims of breach of fiduciary duty, fraudulent misrepresentation and breach of contract.
- Defending a claim brought against an elderly client by his former solicitors for unpaid fees in which the sums claimed were found to have been fraudulently exaggerated.
- Settled claims against financial institutions relating to complex interest rate and foreign exchange hedging products.
- Successfully defended a widow who was accused by a beneficiary of her late husband’s estate of misappropriating estate assets valued at US$20m.
- Acted for a claimant in successful proceedings worth £1 million brought against a building surveyor in relation to a failure to give proper advice in relation to flood risk.
- Successfully opposed a Supreme Court appeal against an order entering Judgment in default in respect of fraud claim worth US$20m.
- Obtained judgment for a claimant in proceedings worth £2 million brought against a bank in relation to a commercial property sold at an undervalue.
Partner, Teacher Stern
Solicitor, Teacher Stern
Solicitor, Healys LLP
37-41 Bedford Row London WC1R 4JH United Kingdom