In this episode of the Scottish Property Podcast, Steven and Nick sit down with legal expert Lindsey Devine from NM Legal to discuss the legal risks and best practices when it comes to private money lending in property. With more investors turning to private finance to scale their portfolios, it’s crucial to understand how to protect your investment and avoid costly mistakes.

Episode Highlights:

Due Diligence Before Lending

• Why investors turn to private finance instead of traditional lenders.
• The risks involved and common mistakes to avoid.

• Why private investors need independent legal advice.

Legal Protections & Security Measures

• How to properly assess a borrower before handing over your money.
• Key checks: credit history, Companies House records, and social media red flags.

• The importance of a solid loan agreement and what it should include.

Exits & Worst-Case Scenarios

• Standard security vs. floating charges – what’s the best option?
• The role of personal guarantees and how they impact investors.

• What happens if the borrower can’t repay?

Lending in Property

• How to enforce security and recover funds legally.
• Red flags to watch for to avoid “robbing Peter to pay Paul” schemes.

Private money lending can be a powerful tool for property investors, but it’s not without risks. This episode provides invaluable insights on how to protect yourself and ensure your investment is secure. Whether you're lending or borrowing, understanding the legal aspects is key to success.

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