Blenheim's lawyers assist clients in matters relating to the provision and enforcement of securities. It is important to receive good legal assistance with loans and the associated mortgage and pledge.
Security, such as a pledge or mortgage, is often given for loans and other debts. In the case of mortgages, the counterparty is often the bank. The bank has the right of immediate execution if the debt is no longer repaid. The mortgage ensures that the creditor has a stronger position than other creditors. Sometimes a creditor is automatically given a privileged position, for example with regard to the right of retention. When establishing these rights, it is important that this is done in accordance with the rules, otherwise there is a risk that these rights will not be valid. There are also formalities that have to be observed when a pledge or mortgage is extinguished (if the debt is not paid). Especially in bankruptcies, creditors' securities can lead to legal disputes, for example, with a receiver.
Our specialists are familiar with issues with securities that can arise in relation to, for example, acquisitions, loans, bank foreclosures and bankruptcies.
Where there is a dispute, we always look for the best solution. Settlement is usually preferable, but litigation is sometimes unavoidable. Our lawyers have years of experience with individual and collective proceedings on securities and their enforcement.
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