What Does a Lawyer Do in Mortgage Refinance?

March 16, 2023    propertylawyersperthwide
What Does a Lawyer Do in Mortgage Refinance?

Mortgage refinancing is a common practice among Australian homeowners to reduce the interest rate, increase the payment period, or any other reason. Mortgage refinancing is about accessing 80% of your property’s value while lowering the balance of the mortgage. Since the process can be pretty complex, hiring a mortgage lawyer Perth is practical.


An experienced mortgage lawyer can particularly help first-time homeowners to navigate through the complex. Besides the paperwork, the lawyers can also help you understand different terms with which you are agreeing. Jump into this article to understand mortgage refinancing and what mortgage lawyers can do to help you with it.

Understanding Mortgage Refinancing

Mortgage refinancing or home loan balance transfer is about getting a better deal to reduce debt. The process is about transferring a mortgage loan from one financial institution to another. Refinancing is one of the best options to cash in on the value of a property.

Some valuable reasons to opt for mortgage refinancing are as follows:

  • Increasing or decreasing loan tenure
  • Reducing the rate of interest to lower EMIs
  • Switching from fixed interest rate to floating interest rate or vice versa4
  • Cashing on home equity

Now, let’s talk about how mortgage lawyers can help with refinancing.

1. Protect You from Scams

Several individuals have the tendency to take undue advantage of homeowners who are going through a tough financial crisis. Some people might offer misleading information, use unfair means, or make false promises to lower interest rates. Even though their schemes look favourable on the surface, they might drag you into an abyss of debt.


A mortgage lawyer will have adequate information to ensure that you don’t get trapped by people with ill intentions. They will go through all your documents to ensure that they are legal. Moreover, you will be safe from people who demand a huge fee without offering any refinancing or financial relief.

3. Focus on Your Legal Interests

When you keep looking for a mortgage lawyer you should choose one who looks out for your best interests and and can best guide you on debt collection laws in Australia. The lack of a professional lawyer might make you encounter unexpected difficulties. You will have several trustworthy businesses and individuals with you during the mortgage refinancing process. But nothing matches the security of having an experienced legal professional on your side.

4. Evaluate the Fee Structure

The paperwork associated with mortgage refinancing can be pretty intimidating. The entire process comes with different types of fees. At times, you might have to bear additional costs like mortgage fees, title fees, origination fees, appraisal fees, and more.


You will also have to determine whether the mortgage rates are floating or fixed. Once you hire a property lawyer for a mortgage, you will be relieved to know that experts are examining your agreements carefully. The lawyer will also help understand the closing costs associated with mortgage refinancing.

5. Verify the Contract

While refinancing your mortgage, you will have to sign contracts. Experienced WA property lawyers will carefully evaluate your contract before you sign it. They will carefully examine all the elements and ensure that you aren’t being duped in some way or you don’t agree with something unknowingly.


Maybe the contract contains specific clauses, contingencies, or details that are beyond your understanding. Professional lawyers will use their knowledge to explain everything to you.

6. Draft Your Contract

While refinancing your mortgage, a real estate agent can draw a contract. But they might consider their interest while drawing up the contract. But when you hire a property lawyer, Your interests will be best represented in one of the different types of mortgage loans permitted under Australian law.


Making legal documents is a part of their job. So they will make no mistakes while making your mortgage refinancing contract. Moreover, they will come up with something that can benefit all parties and particularly their client.

7. Help Avoid Legal Problems

A property contract lawyer can help you avoid all legal issues while refinancing your mortgage. Some common legal issues that can arise during mortgage refinancing are as follows:

  • Availability: According to the terms of your initial contract, refinancing might be unavailable to you.
  • Foreclosure: Foreclosure proceedings make the mortgage refinancing process more difficult.
  • Negotiation challenges: Everyone isn’t capable of negotiating a mortgage refinance. But a real estate lawyer will help you find the best deal so that you don’t ever have to overpay.
  • Debt issues: At times, refinancing your mortgage can leave you with increased debt. If you fail to follow the new payment plan, you might slip into greater financial debt. Apart from that, you might also get involved in other legal problems.

A mortgage lawyer will help you avoid all these challenges and undergo a smooth mortgage refinancing process.

8. Complete the Paperwork

If you choose to refinance your mortgage, you will have to undergo extensive paperwork. You might find it challenging to navigate through a complicated application process. An experienced mortgage refinancing lawyer will help you complete the paperwork.


In fact, your mortgage refinancing lawyer can also complete the paperwork on your behalf. They will also guide you regarding the documents that you need to submit with the application. Submitting the right documents on time will speed up the mortgage refinancing process.

9. Save Time

Mortgage refinancing can be a time-consuming process. You will have to look for the best deal before opting for mortgage refinancing. Finding the best option can be a pretty lengthy procedure.


But when you have legal aid, you will be able to find the best deal within a shorter span. The lawyer will look into all the legal documents and find out loopholes to ensure that the deal works out for you. Moreover, they will also reduce the burden on you by looking after all the legal issues.

Final Words

While searching with the keywords property lawyers near me, don’t ignore the reviews left behind by past clients. The reviews will help you understand the expertise of the lawyer in dealing with the mortgage refinancing process. Once you get in touch with an efficient lawyer, the mortgage refinancing process will be over with ease. Go ahead and hire one.

REQUEST A QUOTE NOW! Complete the form below for a fast response

  • The team at property lawyers Perth handled my matter efficiently and professionally. I would love to say you guys are the best property lawyers in Perth. They helped me a lot when I was seeking for some real help regarding property. Based on my experience I would definitely recommend Property Lawyers Perth to my friends and family near me

    John C Haper
  • Property Lawyers Perth WA provided professional advice and expertise in executing my Property case. Property lawyers have been nothing but honest and helpful since the get go. I did a Google search and called them straight away. Property lawyers Perth got everything done correctly in the most professional way and in a timely matter. I HIGHLY RECOMMEND Property Lawyers Perth as they are Best Property Lawyer near me.

    Williams Jone
  • Property Lawyers Perth WA is literally outstanding. The team at Property Lawyers were very helpful right through our property settlement case. They provided useful, practical advice during our case, and prompt advice on every single concern.
    Highly professional staff of Real estate lawyers. I would definitely recommend Property lawyers Perth to freinds and family near me.

    Davis Miller
Property Lawyers Perth WA Have Been Helping You Take Control Of Your Outcome.
Property Lawyers Perth
Copyright © Property Lawyers Perth.
All Rights Reserved
Enquire Now
Call Us Now