Financing and Security

Residential property finance advice that gives you confidence.

Most people buying a home in Jersey will require some form of lending, whether it’s a traditional mortgage, refinancing, or a family-backed loan. Lenders will want security over the property, and the legal documentation must be properly structured to protect all parties and meet local requirements.

Our Expertise

At BCR, our team of experts support individuals, families, private lenders, and institutions with all aspects of residential property finance and secured lending in Jersey. Whether you are borrowing, refinancing, or acting as a guarantor, we’ll ensure the process is legally sound, clearly explained, and completed on time.

Our Approach

We work with all major local and private banks, liaise closely with mortgage brokers, and are trusted by clients for our clear communication and meticulous attention to detail.

We tailor our legal support to your specific borrowing needs, always ensuring lender conditions are met without compromising your rights or timelines and can act for the following:

  • Homebuyers using a mortgage to fund their purchase.
  • Clients refinancing an existing mortgage for a better rate or term.
  • Parents or family members offering security or guarantees.
  • Private lenders seeking formal documentation of loans.
  • High net worth individuals securing lending against multiple assets.

We tailor our legal support to your specific borrowing needs, always ensuring lender conditions are met without compromising your rights or timelines for the following:

Reviewing Your Mortgage Offer

Once your mortgage is approved, we:

  • Review the offer letter and loan conditions.
  • Explain key terms such as repayment terms, interest rates, early redemption penalties, and charges.
  • Check that the loan aligns with your intentions (e.g. owner-occupier or buy-to-let).
  • Flag any lender requirements that may affect the legal process (e.g. insurance clauses or access rights).

We ensure you understand your commitments and provide reassurance before you sign anything.

Acting for You and/or Your Lender

In Jersey, lenders typically instruct their own lawyer, but sometimes we act jointly for you and your lender. In either case, we:

  • Ensure the title to the property is suitable for mortgage security.
  • Draft or review the security documents, including:
    • Hypothec over the property.
    • Promissory note or loan agreement (if required).
    • Guarantee documentation (for family-supported or joint applications).
  • Arrange the registration of security with the Public Registry.
  • Liaise with the lender’s lawyer to confirm drawdown conditions and funds release.

Where we act jointly, we are careful to avoid conflicts and ensure all parties’ interests are properly protected.

First-Time Buyers and Help from Family

We often assist first-time buyers using:

  • Gifted deposits.
  • Parental guarantees.
  • Joint borrower/sole proprietor arrangements.
  • Declaration of trust clarifying ownership proportions.

We provide guidance to all parties, ensure documentation is in place to avoid future misunderstandings, and explain everything in plain English.

Refinancing and Remortgaging

If you are switching lenders, consolidating debt, or releasing equity, we:

  • Review your existing title and charges.
  • Assist in redeeming old mortgages.
  • Register the new security documents.
  • Coordinate with brokers, surveyors, and existing lenders.
  • Ensure completion is aligned with your financial timetable.

We make refinancing as smooth as possible, while ensuring all legal obligations are met.

Private Lending and Family Loans

For private arrangements, such as family loans, informal borrowing, or corporate-backed property finance, we help formalise:

  • Loan agreements.
  • Security documents (including charges or guarantees).
  • Repayment terms and interest clauses.
  • Priority arrangements if other lenders are involved.
  • Enforcement rights in case of default.

Clarity at the start of a private lending arrangement helps prevent disputes and protects relationships in the long term.

Security and the Public Registry

In Jersey, mortgages ("hypothecs") must be properly:

  • Documented: via written legal instrument.
  • Registered: in the Public Registry to take legal effect.
  • Released: upon full repayment.

We ensure security interests are correctly drafted, executed, and registered — and released promptly when no longer needed.

Common Finance-Related Issues We Help With

We have strong working relationships with:

  • All major Jersey banks and building societies.
  • Mortgage brokers and independent financial advisers.
  • Surveyors, estate agents, and managing agents.
  • BCR Professional Services Limited, for tax planning and wealth structuring advice.

This collaboration ensures your finance transaction is aligned across all parties and progresses smoothly to completion.

Our Values in Action

Excellence: In the accuracy of every document, filing, and explanation.
Delivery: On schedule, with lender requirements met and clients kept informed
Respect: For your investment, your relationships, and your privacy.
Elegance: In making a technical legal process feel simple and seamless.

Why BCR Law

BCR provides residential property finance advice that gives you confidence, ensuring your mortgage, refinance, or family loan is legally secure and clearly understood.
We work with all major lenders and tailor our support to your needs, so your transaction progresses smoothly, on time, and with full peace of mind.

Are there any days you’ll be closed for the holidays in 2024?

Conditions that restrict use of property

Solution

We review and explain limitations, and seek variation where necessary

Joint purchases with uneven contributions

Solution

We draft trust declarations or co-ownership agreements to reflect equity split

Confusion around guarantor obligations

Solution

We advise all parties clearly on risks and alternatives

Reading Room

chevron_left
chevron_right
Residential Property

Leases, Licences and service tenancies: Spot the Difference

Law
Law
Law
January 8, 2025
Residential Property
Family

Protecting your Property rights: The importance of Equity and Post-Nuptial agreements.

Law
Law
Law
November 28, 2024
Residential Property
Family

Romance vs. Reality – The Importance of Co-habitation Agreements

Law
Law
Law
June 10, 2024
Commercial Property
Residential Property

BCR Law LLP Announces the Appointment of Robin Troy as Consultant

Law
Law
Law
May 7, 2024
Residential Property

Home Renovations – What You Need To Know

Law
Law
Law
March 20, 2023
Residential Property
Commercial Property

Visite Royale

Law
Law
Law
October 31, 2022
Residential Property
Commercial Property

BCR Law LLP appoints new Advocate in Property team

Law
Law
Law
May 17, 2022
Family
Residential Property

Buying Property with your Partner?

Law
Law
Law
April 5, 2022
Residential Property

Jargon Busting Around Buying and Selling Property

Law
Law
Law
February 23, 2022
Residential Property

BCR Law LLP appoints new Conveyancer

Law
Law
Law
February 18, 2022

Speak to a professional

Our expert team is ready to assist you. Enter your details and we’ll call you at a time convenient to you.

  • check
    Global expertise, local knowledge
  • check
    Agile team that works for you
  • check
    Transparent pricing and great service

Enter your details and we’ll give you a call at a time convenient to you.

By submitting this form, you confirm that you have read and agree to our privacy policy.

Thank you, we've received your message and will be in touch soon.
Oops! Something went wrong while submitting the form.