25/05/2026
Could a second mortgagee hold up your project?
In this video, Nathan Hardman explains why flexibility in a deed of priority can be critical for first mortgagees.
If the original loan advance is not enough to complete a project, the first mortgagee may need the ability to increase the priority amount. Without that protection, the second mortgagee may be able to restrict or delay the funding needed to get the project finished.
Nathan Hardman is a Director at McCarthy Durie Lawyers’ Brisbane office and leads the firm’s Mortgages and Securities team. With more than 20 years of experience in property and securities law, Nathan advises financiers and arrangers on complex loan transactions, securities matters, pre-enforcement strategies and work-out solutions.
McCarthy Durie Lawyers is a locally owned, full-service Brisbane law firm with a dedicated Mortgages and Securities team acting for mortgage funds, financial institutions and lenders across Australia.
If you need advice on deeds of priority, mortgage security documents or development finance arrangements, MDL can assist.
https://www.mdl.com.au/business-and-commercial-law