Residential Property

Mortgages & Refinancing

Legal advice when your property finance changes

Refinancing can help you change lenders, restructure debt or access equity, but it also involves new legal obligations and mortgage documentation.



At Smith and Partners, we help homeowners and property investors complete refinancing and property finance transactions efficiently while making sure they understand the documents they're signing.

Common mortgage and refinancing matters

We regularly assist with:

• Mortgage refinancing
• Changing banks or lenders
• New mortgages
• Mortgage discharges
• Bank and non-bank lending
• Loan documentation
• Family lending
• Guarantees
• Property finance
• Refinancing as part of a property transaction

What happens when you refinance?

If you're changing lenders, your existing mortgage generally needs to be discharged and a new mortgage registered in favour of your new lender.

Your lawyer coordinates the legal process between the lenders, reviews the relevant documents and completes the required registrations.

Family loans and guarantees

Property finance doesn't always come from a bank.

Parents or other family members may provide loans, gifts or guarantees to help someone purchase or retain property. These arrangements should be clearly documented so everyone understands their rights and obligations.

Understanding guarantees

Providing a guarantee can expose you to significant financial risk if the borrower fails to meet their obligations.

If you're being asked to guarantee someone else's lending, obtaining independent legal advice can help you understand exactly what you're agreeing to before you sign.

Why seek advice early?

Obtaining advice early can often prevent a dispute from escalating. It can also help you:

• Understand your contractual rights and obligations
• Assess the strength of your position
• Preserve important evidence
• Identify opportunities for early resolution
• Minimise financial and commercial risk

Our goal is to provide clear, practical advice that gives you confidence to make informed decisions and achieve the best possible outcome.

How Smith and Partners can help

Our Property Law team regularly works with major banks, other lenders, mortgage advisers and families to complete property finance transactions.

We'll explain the documentation, coordinate the legal process and make sure you understand your obligations before settlement.

Frequently Asked Questions

Helping you navigate property decisions

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