Your lender has said the mortgage cannot complete until somebody obtains independent legal advice. It usually arrives late in the process, often with a completion date already fixed, and it can feel like an obstacle appearing from nowhere.
We deal with these every week. Most clients are seen within a few working days, the appointment takes under an hour, and we return the signed certificate directly to your lender's solicitor.
Why your lender is asking for this
A lender wants its security to be watertight. If it takes a charge over a property, it needs to know that everyone with a potential claim over that property understood what they were agreeing to and agreed to it freely.
The risk the lender is guarding against is a specific one. Imagine a couple own a home together. One of them runs a business that needs funding, and the bank agrees to lend against the house. Years later the business fails, the bank tries to repossess, and the other partner says: I signed because I was told to. Nobody explained I could lose the house. I did not understand.
If a court accepts that, the charge can be set aside. The bank loses its security and its money.
In Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 44, the House of Lords set out how lenders should protect themselves. Where someone offers to guarantee or secure another person's debts and the relationship between them is non-commercial, the lender is "put on inquiry". To avoid being fixed with notice of any undue influence, the lender must:
- communicate directly with the person providing the security
- tell them it requires written confirmation from a solicitor
- ask them to nominate a solicitor
- provide that solicitor with the relevant financial information
- receive the solicitor's written confirmation before proceeding
The solicitor, for their part, must meet the person face to face in the absence of the other party, explain the documents and the practical consequences in plain language, and make clear that the choice is theirs.
That is what your lender is asking for. It is not bureaucracy for its own sake, and it is not something the lender can waive.
Situations where mortgage ILA is required
A spouse or partner securing business borrowing
The classic Etridge scenario. One partner needs finance for a business; the family home is the available security; the other partner has to consent. They may receive no direct benefit from the loan at all, but they stand to lose their home if it goes wrong.
A guarantor on someone else's mortgage
Guarantor mortgages are common for first-time buyers. A parent or family member guarantees the borrowing, sometimes backed by a charge over their own property. The guarantor needs to understand what they are exposed to, for how long, and in what circumstances the lender can come after them.
A joint owner who is not a borrower
Where a property is jointly owned but only one owner is taking the mortgage, the other must consent to the charge. Their consent affects their share of the property.
Family loans and gifted deposits
Where a parent gifts or lends money towards a purchase, or takes a charge to protect their contribution, lenders often require ILA for the party giving up rights.
Bridging finance and second charges
Bridging lenders and second-charge lenders tend to require ILA more readily than mainstream mortgage lenders, partly because the borrowing is higher-risk and the timescales are shorter.
What we will explain to you
This is the substance of the appointment.
What the document actually does. Whether it is a charge, a consent, a guarantee, or a waiver of rights — and what legal effect it has.
What you are risking. If this is a charge over your home, we will say so plainly: if the borrowing is not repaid, you could lose the property. We would rather you hear that clearly from us now than discover it later.
Whether you benefit. Many people signing these documents receive no direct benefit at all. It is worth being clear-eyed about that before signing.
How long the obligation lasts. Some obligations end when the loan is repaid. Others — particularly "all monies" charges — can secure future borrowing you have not yet agreed to.
What happens if things go wrong. The realistic sequence: missed payments, default notice, possession proceedings, sale. Not to alarm you, but because you should be able to picture it.
Your alternatives. Sometimes there are none. Sometimes there are, and nobody has mentioned them: a different structure, a limit on the amount secured, a time limit, or simply declining.
The process, step by step
1. Get in touch. Call 01628 777233 or use the contact form. Tell us your completion date if you have one.
2. Send us the documents. The lender's requirement letter, the document you are being asked to sign, the mortgage offer or facility letter, and any related security documents.
3. We review everything in advance. Before the appointment, not during it.
4. Identity verification. Photo ID and proof of address. We will tell you exactly what is acceptable.
5. The appointment. 30–60 minutes, by video or in person, and on your own.
6. Your decision. You are under no obligation to sign.
7. Certificate issued. If you proceed, we complete the certificate and send it to your lender's solicitor, usually the same day.
8. Written confirmation. We write to you setting out the advice given.
Typical turnaround: 2–5 working days from receiving documents. Faster where a deadline requires it — tell us and we will do what we can.
Fees
| Service | clear fee | VAT | Total |
|---|---|---|---|
| Standard mortgage ILA (one signatory) | clear fee — please contact us for a quote | clear fee — please contact us for a quote | clear fee — please contact us for a quote |
| Additional signatory, same transaction | clear fee — please contact us for a quote | clear fee — please contact us for a quote | clear fee — please contact us for a quote |
| Complex or multiple security documents | clear fee — please contact us for a quote | clear fee — please contact us for a quote | clear fee — please contact us for a quote |
| Same-day / urgent appointment | clear fee — please contact us for a quote | clear fee — please contact us for a quote | clear fee — please contact us for a quote |
clear fee, agreed before we start, no disbursements on a standard matter. If we think your matter falls outside the standard fee we will tell you at the outset and explain why.
Frequently asked questions
Can the same solicitor advise both of us? Generally no. Where one of you benefits from the borrowing and the other is providing security, your interests differ and you must be advised separately. Each of you must also be seen alone.
My lender gave me a list of solicitors. Do I have to use one of them? No. Etridge specifically contemplates the person providing security nominating their own solicitor. You are free to instruct us.
Can we do this over the phone? Not by telephone alone. The requirement is for a face-to-face meeting, which a video call satisfies. A voice call does not, and a certificate signed on that basis risks being rejected.
How long does the certificate stay valid? There is no fixed statutory period, but lenders typically expect the advice to be recent — often within the last three months. If your transaction is delayed significantly, check with your lender.
What if I do not want to sign? Then you do not sign. We will explain what that means for the transaction so you can make an informed choice, but the decision is entirely yours and we have no stake in it.
Do you act for the lender as well? No. We act for you alone in the ILA. That independence is what makes the advice — and the certificate — worth anything.
My completion is in three days. Can you help? Possibly. Call us. We would rather tell you honestly that we cannot meet your deadline than take the matter on and let you down.
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