Security / Guarantee / Loan Documents

Frequently Asked Questions

In this skilled area, Hutchinson Legal will prepare guarantees, charges, loan agreements and other security documentation for individuals and organisations. 

We also peruse security, guarantee and loan documents for you and will advise you before you enter such transactions so that you understand your obligations and liability under the documents. We can also provide solicitor's certificates if your lender requires.

What is a solicitor’s certificate?

A solicitor’s certificate is provided by your solicitor stating that they have advised you regarding the loan documents and the consequences of entering into the transaction. Many lenders ask for solicitor’s certificates as a way of shifting the responsibility for advising you regarding the loan from the lender to your solicitor.

A solicitor’s certificate is not a quick rubber stamp. Your solicitor must review the documents and then meet with you to explain the documents to you. They should discuss the security you are giving under the guarantee and warn you of the risks involved in the transaction.

Questions? Ask our Property Law team.

Teagan Howard
Associate
Property
,
Deceased Estates
,
,
03 9870 9870