Lending privately,
secured on title.
When family members or businesses lend to each other, a handshake is not security. We draft the loan agreement and mortgage and register it on title, so the lender is protected and both sides know the terms.
Client reviews
Property law clients,
in their own words.
Been dealing with Dinesh, Pallavee and his staff for over 10 years, more than 20 properties settled through them. The amount of expertise Joshi Lawyers has is next to none… every question answered and every transaction handled in the most professional way.
Ankur AnandProperty investor · Google review, 2018 Made a complex process simple. I received pro-active phone calls and emails letting me know about timeframes and deadlines… Everything was completed remotely and so easy, as well as regular communication which far exceeded my expectations.
Dhaval PatelHome buyer · Google review, 2020 I’ve used Joshi Lawyers a few times now and have always had a good experience with them. The communication and service from their team throughout the entire process from start to finish is great, and they are cost-effective, too.
Ian HProperty and conveyancing client · Google review, 2019 We bought our first commercial property and Dinesh looked after our file… sent us all information three days prior with all calculations, and kept us posted with all changes on the settlement date. A hassle-free experience.
Ravneet KaurCommercial property buyer · Google review, 2020 The process went smooth with no stress, communication was easy and we were kept informed throughout the process. We can’t recommend them enough and we will definitely be using their services for future settlements.
Dureka HomesBuilder · Google review, 2019 I am with them for the past 5 years for several land purchases. In all instances they have provided great service to me… taking ownership and providing extra-mile service.
Sumita MukherjeeLand investor · Google review, 2019
Is this you?
When people come to us about private mortgages and loans.
Each of these is a good reason to call, and none of them is too early.
- You are lending your children the deposit for their first home.
- A business contact has asked to borrow against their property.
- You lent money years ago and nothing was written down.
- A private lender has sent you documents to sign.
How we help
The time to write down a family loan is before anyone disagrees about it.
A family loan with no paperwork can be treated as a gift if a relationship breaks down or someone dies. A written loan agreement, backed by a registered mortgage, records what was agreed and gives the lender security over the property.
We draft the documents, advise both sides where that is appropriate, and register the mortgage with Land Use Victoria. If you are the borrower, we explain the terms before you sign.
What we do
- Loan agreements for family and private lending
- Mortgages prepared and registered on title
- Guarantees and security from companies and directors
- Advice for borrowers before they sign
- Discharges when the loan is repaid
- Recovery steps if repayments stop
What happens first
Your first week with us.
A matter should feel different from the first call. This is what you can expect before anything is signed or sent.
The first call: what is at stake
What has happened, what the documents say, and any date that cannot be missed, such as a settlement or a notice period.
In writing: the steps and the cost
What needs to happen and in what order, with the fee quoted or scoped in writing before the work starts.
Urgent matters first
Guarantee advice is usually given the same day, and a caveat can be lodged the same day where you hold an interest in the land.
From then on: one lawyer, no chasing
The same lawyer sees the matter through, and you are told what is happening at each step.
Your team
Who you will deal with.
Matters are run by the people below, not handed down.
Questions
Frequently asked questions
If your question is not here, it is a good reason for the free call.
Can you prepare a loan between family members?
Yes. We draft the loan agreement and mortgage, advise both sides where that is appropriate, and register the mortgage so the lender is secured. This is common for parents lending a deposit.
Does a family loan protect me if my child separates?
A properly documented and secured loan is far more likely to be treated as a debt, rather than a gift, if the relationship ends. We advise on how to set it up.
What does it cost?
Conveyancing is a fixed fee, quoted before you engage us. Development, SMSF and commercial property work is handled by senior lawyers and scoped in writing before it starts, so you know what you are committing to and what you will get for it.
More in lending, titles and disputes
View all property law- CaveatsCaveats lodged to protect your interest, and unjustified caveats removed from your title.Read more
- Independent advice on guarantees and loansThe independent legal advice and certificate banks require for guarantees, loans and refinances, usually same day.Read more
- Co-ownership agreementsAgreements for friends, family and partners buying together, covering contributions, costs and exits.Read more
- Deceased estate transfersProperty transferred after a death by survivorship, transmission and sale or transfer to beneficiaries.Read more
- Easements, covenants and boundariesEasements, restrictive covenants, boundary disputes, dividing fences and adverse possession.Read more
- Settlement delays and defaultsLate settlements, default and rescission notices, extensions and penalty interest, for buyers and sellers.Read more
Tell us what is going on. We will tell you where you stand.
A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.