Corporate Mortgages: Practitioners' Checklist on Capacity, Due Diligence, Documentation, Priority and Registration (England and Wales)

Published by a LexisNexis Banking & Finance expert

Checklists

Scope of this Checklist

This Checklist sets out the points to consider when a company is proposing to grant a mortgage. It proceeds on the basis that an English or Welsh company will be granting a mortgage to a lender situated in England or Wales.

In this Checklist:

the company granting the mortgage is the 'mortgagor'
the party to whom the mortgage is granted is the 'mortgagee'
the document recording the mortgage is the 'security document'

Preliminary questions before taking security by way of a mortgage

Is a mortgage the right method of taking security?

A mortgage transfers title to the asset, while preserving the mortgagor's equity of redemption so that, once sums due have been paid in full, title can be transferred back to the mortgagor (note that some mortgages, such as over land, are statutory, meaning there is no transfer of title). The use and possession of the asset will remain with the mortgagor. For more information on the characteristics of a mortgage, see Practice Note: Mortgages. Note also that a mortgage is different from a charge (see: Difference between a mortgage and a charge)...

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Web page updated on 20/05/2026

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