Lenders routinely require directors and other guarantors to obtain independent legal advice before signing a personal guarantee. We take you through the extent of your liability, the circumstances in which the guarantee can be called on, and the risks to your personal assets.
Who needs this: Company directors, business partners and individuals guaranteeing loans, leases or trade accounts.
Most equity release and lifetime mortgage lenders require you to receive independent legal advice before completion. We explain the nature and effect of the transaction, confirm you understand the long-term implications, and issue the certificate your lender and solicitor need.
Who needs this: Homeowners releasing equity from their property, and family members asked to confirm they understand the arrangement.
Bridging lenders almost always require evidence of independent legal advice before funds are released. Because bridging timelines are short, our fast track and same-day services are designed to keep your completion on schedule.
Who needs this: Borrowers taking out bridging finance, and anyone whose property secures a short-term loan.
If you live in a property being mortgaged or remortgaged but are not named on the loan, the lender may ask you to sign an occupier consent form waiving your rights of occupation. We explain exactly what you are giving up before you sign, and certify that you received independent advice.
Who needs this: Adult occupiers (partners, family members or lodgers) living in a property that is being mortgaged.
When property ownership changes through separation, gifting or restructuring, one party is often required to take independent advice so everyone understands the effect of the transfer. We advise the transferring or receiving party and issue the certificate your conveyancer needs.
Who needs this: Anyone being added to or removed from a property title, including in divorce and separation settlements.
In a JBSP mortgage, a parent or family member joins the mortgage without being named on the property title. Lenders require the non-owning borrower to receive independent legal advice on the liability they are taking on. We provide that advice and the certificate quickly.
Who needs this: Parents and family members supporting a mortgage application without taking a share of the property.
Standing as guarantor is a serious legal commitment. We explain what happens if the borrower defaults, how your own home or savings could be at risk, and make sure you enter the arrangement with your eyes open, then certify the advice for the lender.
Who needs this: Anyone guaranteeing another person's mortgage, tenancy or personal borrowing.
Whether you are recording unequal contributions in a declaration of trust or postponing an existing interest behind a new lender, we explain the practical effect of the deed and provide the independent advice certificate required for completion.
Who needs this: Co-owners recording their shares, and family members postponing an interest or charge behind a mortgage.
Second-charge lenders frequently require independent legal advice before securing further borrowing against your home. We cover the terms, the risks of default and the impact on your existing mortgage before issuing your certificate.
Who needs this: Homeowners taking out secured loans or second-charge mortgages against their property.
Commercial landlords frequently ask a company's directors or owners to sign a personal guarantee standing behind the rent and the tenant's obligations under the lease. We explain how far that liability reaches, and for how long, before you sign, and issue the certificate the landlord's solicitor requires.
Who needs this: Company directors, partners and business owners asked to personally guarantee a commercial, retail or office lease.
When a buy-to-let, holiday-let or portfolio property is bought through a limited company (SPV), the lender almost always requires the directors and shareholders to give a personal guarantee. We explain what you are taking on personally, separate from the company, and provide the independent legal advice certificate the lender needs.
Who needs this: Directors and shareholders of a limited company (SPV) taking out a buy-to-let, holiday-let or portfolio mortgage.
If a lender, solicitor or counterparty has asked you to obtain independent legal advice on a document not listed here, book an appointment and tell us about the document in the notes, or contact us first and we'll confirm we can help.
Who needs this: Anyone asked to evidence independent legal advice on a legal document.