Alex Edwards explores loan enforcement and recoveries in Bridging & Commercial

Posted on: February 26th, 2025 by Hugh Dineen-Lees

Following the fallout of last year’s Autumn budget, Director Alex Edwards explores how recent legislative and political reforms have impacted loan enforcement and recoveries across the UK real estate market.

Alex’s article was published in Bridging & Commercial, 18 February 2025, and can be found here.

Seismic activity ahead in the land of BTL

Following the Autumn Budget, landlords and lenders are facing an incredible complex and ever-changing landscape when it comes to real estate finance. Alex Edwards advises on what to anticipate to avoid disputes around loan enforcement and recovery

Words by Alex Edwards, director at Lawrence Stephens

On first inspection, there was little in chancellor Rachel Reeves’ first Budget to concern either mortgage lenders or borrowers. The most attention-grabbing announcements have proved to be those on inheritance tax for farmers and increased employers’ national insurance contributions.

However, several aspects of this Budget are likely to create a volatile landscape for lenders and have a long-term impact on the UK mortgage industry, posing challenges for landlords and lenders alike.

Alongside these domestic political factors, which are likely to impinge on the UK real estate finance market in the coming months and years, are global geopolitical changes that could prove to be even more critical.

By far the most prominent probable cause of a profound economic shift is the election of Donald Trump as the next US president.

Trump’s second term, for which he is far more prepared than when he previously took office in 2016, will be a White House with radically different policies and intentions compared with the previous administration. Under Trump’s leadership, the world’s economic powerhouse will be more inward looking, adopting policies that could lead to higher costs, higher inflation and, in turn, higher interest rates in the US. These untested policies could impact growth in the US and in the UK.

Renewed and potentially expanding conflict in the Middle East, with the Israeli military action in Gaza and Lebanon bringing in Iran and other significant players in the region, could have far-reaching global effects. Instability in Taiwan, with China perhaps waiting for Trump to take office in January to launch an assault, could be another source of major financial instability.

Nearer to home, the fault lines of political cohesion in Europe appear to be fracturing.
How these macroeconomic headwinds will impact the UK as it settles into having its first Labour government in 14 years is yet to be seen.

Whilst the latest economic growth figures may have dealt a blow to Rachel Reeves, the softer than expected inflation figures suggest that there is now an expectation of interest rate cuts in the coming months which will be welcomed by borrowers. That said, with the concerns around the growth of the economy, the level of inflation predicted to remain around 3% for the rest of the year, uncertainty as to how fast interest rates will continue to fall and borrowers struggling when they come to refinance could therefore be the early indicators of a new or revived cost-of-living crisis on the horizon.

While not directly linked, the tax-raising policies in Labour’s Budget will have an undeniable impact on the housing market. Shortly after the budget statement to MPs in the House of Commons, UK government borrowing costs rose to their highest level this year. This prompted many City investors to predict that the Bank of England will now be more cautious in its approach to cutting interest rates, contrary to earlier expectations.

Nonetheless, there is still very much an expectation that interest rates will gradually come down.  

Prepare for enforcement

These issues will have to be carefully considered to avoid potential disputes around enforcement and recovery. Lenders will have to ensure their teams are well prepared. They will want to carry out thorough security reviews on loans and portfolios that could go under, and carefully consider what options are available to them before they start looking at formal enforcement.

Large numbers of borrowers on fixed low rates are now far more likely to be adversely affected when their rate deals come to an end. The most dramatic consequence will likely be an increase in defaults as fixed rates come to an end.

For lenders, it will be challenging to stay up to date with such a volatile market.

It is certainly plausible that borrowers whose budgets are already squeezed may struggle this year as these many factors combine to create a tough monetary environment.

Slower development

While there has been talk of 300 new planning officers—which is of course welcome—in reality, this likely equates to around one per local authority. In terms of the day-to-day workload, this is a drop in the ocean and is unlikely to improve the planning process or make it quicker and more efficient.

Despite Labour’s rhetoric around support for developments, building and unlocking the grey belt, planning applications taking longer to be processed (due to the lack of extra planning officers) will certainly have an impact on the new build market.

We are also seeing unit sales on developments taking longer than expected, which will continue to impact developers, at least until interest rates and construction costs stabilise.

Rental yields for landlords may also drop as tenants are more likely to be unable to afford to continue to pay rents as they too continue to rise. The risk of late or missed rent payments could leave landlords in an invidious position when servicing loans secured on their BTL properties. That said, with first time buyers continuing to struggle to gain a foothold on the property market, rental demand in urban areas is likely to remain strong. 

There will continue to be challenges for developers to access financing at cost levels which are profitable, which will have an impact on the number of large scale projects getting off the ground.

Perhaps insulated from these overarching issues is student accommodation, which is an ever-growing market, and the residential market in prime London, which seems to be in its own bubble. There is consistent appetite for these types of developments.

Lenders will need to be extremely conscious of such issues and monitor potential defaults and, given the state of the market, fully assess their options in terms of next steps.

Look at the loan book

Of equal importance is that lenders must look closely through their loan books. It is crucial that they scrutinise the financial condition of borrowers who may have only one or two properties, rather than that of professional landlords with more substantial portfolios who are better set up to weather such storms.

They may also want to consider the impact of the current market climate, propelled by the aforementioned changes in the Budget, on portfolios that operate on tight yield margins. For landlords, just like residential mortgage holders, the measures announced will heavily impact borrowing rates.

International investors in the UK’s real estate market may be less affected, although the well-signposted issues across Europe and the escalation with Russia following the US’s recent decisions around weapon supplies may change this for certain individuals.

BTLs can still be attractive to borrowers and lenders alike, but lenders should be alive to the changing landscape and the wider economic pressures faced on all sides. They should be continually monitoring the effect of changes brought about by the UK government and issues caused by global shifts to understand what this might mean in the long term for defaults or recoveries.

Lawrence Stephens strengthens Banking and Real Estate Finance teams with the appointment of Steve Clinning and team from Memery Crystal

Posted on: February 18th, 2025 by Hugh Dineen-Lees

Lawrence Stephens is delighted to announce the appointment of Steve Clinning as a Director in the Banking department.

Steve joins from Memery Crystal where he was a Partner in the Banking and Real Estate Finance team.

He advises both borrowers and lenders on a range of transactions including general property finance, corporate acquisition work, hotel finance, trading business finance, development finance and asset finance, and has established long-term partnerships with several high-volume lending clients.

Associates Alex Duncliffe-Vines, Asal Saferabadi and Paralegal Montgomery Chapman will join the Real Estate Finance team, and Paralegal Timothy Shannon will join Steve in the Banking team.

Head of Real Estate Finance Greg Palos, commented: “I have known and admired Steve’s work for many years and we are delighted to welcome him and the team to our firm. Their arrival brings the number of Directors in the Banking and Real Estate Finance teams to 11 and a total complement of 42, making it an even more significant player in the Real Estate Finance and Banking ecosystem. Their practice perfectly complements our own and we all look forward to working with them on their arrival.”

Swift completion of £5.9million loan secured over prime residential blocks

Posted on: January 20th, 2025 by Hugh Dineen-Lees

In a recent financial transaction, a £5.9 million loan was secured over three multi-unit residential blocks located in London and Hemel Hempstead. This deal involved multiple linked refinancing transactions of the commercial elements, showcasing the complexity and efficiency of the process.

Anna Christou represented YBS Commercial Mortgages, while Paul Marsh acted for the Borrower. The transaction was completed within an impressive nine working days from the issuance of the Offer, highlighting the dedication and expertise of the teams involved.

A special mention goes to Katie Peck and Amy Bristow, at YBS Commercial Mortgages, whose pivotal role ensured the smooth and timely completion of this significant transaction.

This achievement underscores the importance of collaboration and precision in high-stakes financial dealings, setting a benchmark for future transactions.

Lawrence Stephens advises Blue Shield Capital on their largest deal to date

Posted on: December 24th, 2024 by Hugh Dineen-Lees

Lawrence Stephens has advised Blue Shield Capital on an £18 million loan for a UK-based landlord and build-to-rent operator focused on city-centre rental properties. The loan was for their flagship property, a 119-unit BTR scheme in Liverpool City Centre, completed in 2023.

The 12-month facility, set at 69% LTV, is designed to assist the borrower in refinancing their existing debt and optimising their portfolio structure. This deal is the largest they have completed to date and is the latest in a number of fast-moving deals they have undertaken supported by our team.

Blue Shield Capital is a fast-growing property lending firm who provides flexible financing solutions for property owners and investors.

The team was led by Director and Head of Banking Ajoy Bose-Mallick, with support from Directors Ann Ebberson and Alex Edwards.

Ajoy commented: “We are delighted to have supported Blue Shield on their largest deals to date. We are pleased to have played our part in enabling Blue Shield to exceed its targets for 2024”.

Lawrence Stephens advises LHV Bank on £7.4m refinancing of prominent retail parade

Posted on: December 4th, 2024 by Natasha Cox

The Lawrence Stephens Real Estate Finance team is pleased to have advised regular client LHV Bank on the £7.4m refinancing of a parade of shops located in a prominent Essex town, secured across multiple titles with more than 20 tenants and leases. The facility also refinanced a bridging loan, ensuring the client’s financial goals were met within a tight timeframe.

The team worked closely with LHV Bank to review multiple cash flow scenarios across more than 20 leases while ensuring clarity on security positions across multiple titles. Collaboration across internal departments including credit, operations, and finance was vital to work to the tight deadline. Our team ensured that the entire process was completed ahead of schedule. Originally targeted for completion on 29 November, the deal was finalised two days early thanks to seamless collaboration between our team and the bank.

Conor McDermott, Director of SME Lending at LHV, commented: “The team worked tirelessly with Fine Mortgages to complete this on challenging timescales, with the transaction completed within eight working days of approval. Special thanks to the legal team at Lawrence Stephens led by Anna Christou, who worked on this over the weekend to ensure a successful refinance.”

Greg Palos, Head of Real Estate Finance at Lawrence Stephens responded: “Despite the complexity and speed of this transaction, our sector expertise and the strength and depth of our team contributed to an excellent outcome for our client.

Lawrence Stephens appointed to LendInvest Bridging panel

Posted on: October 14th, 2024 by Hugh Dineen-Lees

We are delighted to share that Lawrence Stephens has been appointed to LendInvest’s Bridging panel.

Launched in 2008, LendInvest has grown to be a leading platform for property finance, offering short-term, development and buy-to-let mortgages to intermediaries, landlords and developers across the UK. Since then, they have lent more than £3 billion of mortgages and have helped to put thousands of new or improved homes into the UK housing market.

Leanne Ardron, Director of Bridging Finance at LendInvest said: “Lawrence Stephens will play an important role in supporting our growth objectives. With a commitment to excellence and responsiveness, there is good alignment with LendInvest’s ambition to ‘getting things done’”.

Arnold Enefé, Bridging Operations Change Manager at LendInvest added: “As our business continues to grow, it’s important for us to extend the range of advisers with the skillset and experience of bridging specialists such as Lawrence Stephens”Director and Head of Real Estate Finance, Gregory Palos, commented: “Ambitious organisations like LendInvest are core to our focus on Financial Institutions. We have enjoyed working with them since being appointed to their Development Panel in 2019 and we are delighted to formally extend what is already a very good relationship”.

Lawrence Stephens looks forward to this further collaboration with LendInvest in helping their clients achieve their objectives.

Lawrence Stephens’ teams ranked by Legal 500 UK 2025

Posted on: October 2nd, 2024 by Hugh Dineen-Lees

Lawrence Stephens is proud to have been recognised in the 2025 edition of the Legal 500 UK directory. Our Real Estate Finance and Banking teams have been ranked as Tier 7 in the Property Finance category, and our Sports and Entertainment team has achieved a Tier 5 ranking in the Sport category within the TMT (Technology, Media and Telecoms) section.

We were also delighted to learn that Angélique Richardson, an Associate in our Sports and Entertainment team, has been recognised as a ‘Leading Associate’ for her exceptional contribution and commitment to providing top-tier legal and career management advice to elite athletes.

The Legal 500 UK edition provides a comprehensive overview of the top law firms in the United Kingdom. It includes detailed qualitative reviews from many law firms, barristers’ chambers, and individual lawyers. The rankings are based on feedback from law firm clients which helps firms benchmark their expertise and performance in various areas.

Managing Director Steven Bernstein said: “It is fantastic to see the firm recognised in this way. While it is no surprise, we are delighted to see the firm listed amongst the best in the country and shows just how far we have come. We look forward to building on these foundations and seeing more of our people and teams achieving this distinction.”

 

Lawrence Stephens Appointed to YBS Commercial Mortgages’ Panel of Solicitors

Posted on: September 5th, 2024 by Hugh Dineen-Lees

We are delighted to announce that Lawrence Stephens has been appointed to YBS Commercial Mortgages’ legal panel.

Gregory Palos, Head of Real Estate Finance at Lawrence Stephens, commented:

“We’re excited to be able to contribute our expertise to YBS Commercial Mortgages and its customers by providing proactive and insightful legal support.”

Ismael Garzon, Commercial Lending Completions Manager at YBS Commercial Mortgages commented:

“Adding Lawrence Stephens’ wealth of experience and proven track record to our legal panel, demonstrates our commitment to delivering a top-tier service to all our partners.”

Our Promise

Lawrence Stephens is committed to delivering excellence and fostering strong client relationships. Our inclusion in YBS’ panel reflects our dedication to these principles.

Lawrence Stephens strengthens Real Estate Finance and Banking teams with new Directors from Rosling King

Posted on: July 1st, 2024 by Yvonne Uzoka

Leading corporate and commercial law firm, Lawrence Stephens, is pleased to announce the appointment of Ann Ebberson as Director in the Real Estate Finance department, and Alex Edwards as Director in the Banking department – both joining from Rosling King.

Ann and Alex are well-known industry practitioners and their expertise complements the firm’s established Real Estate Finance and Banking practices. They are both recognised in The Legal 500 directory and bring with them a wealth of knowledge and experience across these sectors. 

Ann has acted for and advised lenders, loan servicers, developers and LPA/fixed charge receivers on real estate and real estate portfolio refinancing, sales, purchases, development acquisitions and sales, landlord and tenant matters including service charge disputes and forfeiture proceedings. She also has notable experience in title rectification issues and advising litigation colleagues in complex real estate disputes.  

Alex advises lenders, sponsors, developers and corporate borrowers on all forms of finance transactions. With a particular focus on real estate and development finance, Alex also regularly advises on senior and mezzanine loans and bridging finance, as well as restructuring and resolving existing loan facilities. In addition, Alex’s construction law expertise allows him to provide a comprehensive service to his clients on development finance transactions, dealing with both the finance and construction elements.

They join Directors Greg Palos and Ajoy Bose-Mallick who lead Lawrence Stephens’ Real Estate Finance and Banking practices respectively.

Ajoy Bose-Mallick commented: “Alex is a fantastic addition to our banking team and brings with him great experience of working with sponsors, developers, corporate borrowers and other alternative lenders especially development finance lenders, at a very exciting time for the firm.”

Greg Palos said: “Ann’s arrival provides us with greater strength in depth and bolsters our ability to advise clients in a wide range of transactions. Her arrival is in line with the expansion of our Real Estate Finance capability, which continues to go from strength to strength.”

News of Ann and Alex joining Lawrence Stephens was covered by Law360, New Law Journal and LegalMoves.

Lawrence Stephens appointed to Glenhawk’s Panel of Solicitors

Posted on: June 20th, 2024 by Yvonne Uzoka

We are delighted to share that Lawrence Stephens has been appointed as a panel firm by Glenhawk, the award-winning short-term real estate lender.

This strategic partnership comes in the wake of Glenhawk’s announcement earlier this year that it has secured substantial funding to bolster its lending capacity and enter the buy-to-let market. With a continuing drive to remain competitive and market-leading in the bridging finance space, Glenhawk are revamping its range of unregulated and regulated products while introducing new products in order to deliver an ongoing programme of growth.

Lawrence Stephens will play a crucial role in supporting Glenhawk’s growth objectives. With a commitment to excellence and delivering top-tier legal services, there is an alignment with Glenhawk’s ethos of quality and integrity within the industry.

Guy Harrington, CEO of Glenhawk, commented: “Lawrence Stephens’ reputation as a well-established high-quality law firm makes them a welcome addition to our panel solicitors. We’re delighted to be working with Greg and his team.” 

Director and Head of Real Estate Finance, Gregory Palos, added: “Our multi-disciplinary firm has a long track record of being a people business devoted to delivering a high-quality personal service to clients. We’re proud to be supporting Glenhawk in the next step of their lending journey.”

Lawrence Stephens looks forward to this collaboration with Glenhawk that promises to enhance the lending landscape and deliver exceptional service to clients across the board.

Lawrence Stephens advises Blue Shield Capital on complex bridging loan

Posted on: March 19th, 2024 by Maverick Freedlander

Lawrence Stephens’ Banking and Real Estate Finance teams recently advised Blue Shield Capital on a 12-month bridging loan in a complicated deal structure which involved a high amount of property due diligence, multiple contemplated changes in deal structure and complex legal issues that required multi-disciplinary support from the LS team.  

The £3.4 million loan facilitates the purchase of a portfolio of 18 flats across Wembley and Harrow. The Lawrence Stephens and Blue Shield Capital teams worked seamlessly together to secure a successful completion for the client.

The team from Lawrence Stephens was led by Director and Head of Banking, Ajoy Bose-Mallick on the banking & finance aspects and Senior Associate Rachel Coulthard on the real estate finance side. They received crucial assistance from a cross-departmental team including Director Gregory Palos, Senior Associates Ashley Wright and Abtin Yeganeh, Solicitor Bola Kim, and Trainee Solicitors Electra Kallidou, Sophie Morton and Alex Ruder.

Ajoy commented: “As always, it was a pleasure to work with the stellar team at Blue Shield Capital to complete this complicated transaction for the client, which makes an exciting addition to their real estate financing loan book.”

Lawrence Stephens completes third deal for Greymax Capital

Posted on: January 31st, 2024 by Maverick Freedlander

Congratulations to our client Greymax Capital on completing a £512k loan, in a deal which was completed on 19 January 2024.

Greymax Capital is a lender with a strong, tightly knit, team and experience on both sides of the transaction, and prides itself on its relationship-based approach to bridging. The swift and effective execution of this deal reflects Greymax’s agility and unwavering commitment to their clients.

Lawrence Stephens’ Real Estate Finance team assisted Greymax Capital on this deal, with the loan ready for completion within four working days of instruction. The Lawrence Stephens team was led by David Freedman, who handled the deal in a speedy and agile manner, while considering each of its aspects thoroughly.

The Greymax team was led by co-founders and Directors Michael Kingsley and Ben Sokel, with key contributions from Alan Margolis and Operations Director & General Counsel Katie Belchamber.

David Freedman commented: “We are so delighted to have assisted Michael and the team at Greymax with this loan. Greymax are true professionals and we are thrilled to have helped secure a swift and successful result, which pleased all parties involved.

“We look forward to strengthening this relationship and working with Michael and the team at Greymax on future deals.”

Michael Kingsley commented: “David and his team had to work towards a very tight deadline on our behalf, and they exceeded all expectations with quick work and excellent legal and commercial advice. Handling this loan with agility and professionalism, we look forward to working with Lawrence Stephens on future deals.”