The Real Estate Finance Update provides useful, easy to digest summaries of topical issues, new legislation and cases in relation to real estate finance from a practical, legal and/or market perspective.
In this edition, we highlight the Law Commission's consultation on the electronic execution of documents. This is an issue that affects the whole legal market but is of particular interest for the real estate finance market due to the high number of deeds that our work produces and the fact that some of the key uncertainties raised around electronic signatures relate to deeds.
Register of foreign companies owning UK property
We also examine the draft Registration of Overseas Entities Bill, which is raising a number of concerns for real estate finance lenders and borrowers alike, as highlighted in particular by the Loan Market Association's (LMA) recent response to the Department of Business, Energy and Industrial Strategy consultation.
Land registration and the issue of priorities
Finally, we consider the recent Court of Appeal decision in Baker v Craggs, which illustrates the problems that can arise as a result of the 'registration gap' where a transferee is not regarded as having legal title to a property until HM Land Registry has registered them as the actual owner; and the actions we can take to reduce any risks associated therewith.
If you would like to discuss any of the above or there are particular topics which you would like us to tackle in future editions, please get in touch.