Services
Loan documentation, hypothecary security, and disputes between lenders and borrowers in Quebec.
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We act on the documents that put financing in place and on the disputes that follow when it goes wrong. On the transactional side that means analyzing, negotiating and drafting loan agreements, security and the rest of the package.
Security in Quebec works through the hypothec, which covers both immovable and movable property and takes its rank from publication in the appropriate register. Enforcement follows the hypothecary recourses set out in the Civil Code, and each one carries its own notice requirements, its own time limits and a different outcome for the parties. Which recourse a creditor picks, and whether notice was properly served and published, decides a great many of these files.
On the contentious side we act in enforcement and in defence, in arguments about what a facility actually permitted, and in claims between borrowers, lenders and guarantors. Having drafted this kind of document helps considerably when the argument is about what one of them means.
Financing documents are conditional logic written in prose. If this ratio holds, then that consequence follows, unless someone has waived it. Reading them as a system rather than as a row of clauses is an engineer's habit, and it is how you find the covenant that has quietly already been triggered.
A hypothec is Quebec's form of security on property. It can cover immovable and movable property and takes its rank from publication in the appropriate register.
The lender has to follow one of the hypothecary recourses set out in the Civil Code. Each one requires a prior notice that is properly served and published, and each carries its own time limits and outcome.
Both. We act in enforcement and in defence, and in claims between borrowers, lenders and guarantors.
Often, depending on the terms of the guarantee. We review the guarantee and the loan documents to see what the lender can and cannot claim.
Tell us what has happened and we will tell you plainly whether we can help, and what it is likely to involve. We work in French and in English.
Request a consultation 514-447-9425info@mennehlegalsa.com
1550 Metcalfe Street, Suite 500, Montreal, Quebec H3A 1X6