Garner & Hancock, Oaths & Certification
We are open for business - during this crisis, we offer remote legal advice to our new and valued clients and third parties. We can work via Facetime, Whatsapp, Skype and Zoom. Please call 0208 232 9560 or complete a contact form to arrange service.

Independent Legal Advice Certificate

Garner & Hancock are specialist property lawyers with a vast experience of advising clients on property transactions. We offer a speedy, professional service to get your transaction finalised with a Certificate of Independent Legal Advice.

Remote ILA / Online Independent Legal Advice

Little by little, things are looking normal again. But we will continue to serve you remotely or through an online meeting for your convenience. Also if you don't have the luxury of time to stop by our office, we can arrange a face-to-face meeting or Remote by Skype. Fees are stated below.

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For a quick turn around and response within 1 hour

Please Call Garner & Hancock Solicitors 020 8232 9560  and ask for Mr Vinay Tanna

Why do I need Independent Legal advice?

Mortgage companies very often require Independent Legal advice certificates to be signed by a solicitor.

*We can serve people outside organisations listed below. Connect with us to see how we can help you.*

This is usually time sensitive and could jeopardise the transaction if not completed in a timely fashion. This is often the final piece of the jigsaw in a long and laborious process. Your own conveyancing solicitor will be unable to offer this service as the mortgage company requires another independent solicitor to advise on the transaction. This is where we come in.

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Mortgage companies will require an Independent Legal advice certificates to be signed by a solicitor

We are there for when you might need another solicitor standing by to deal with the final part of the transaction. Reasons include:

1. Occupiers Waiver Form

This is a document required to be signed where a person who intends living at the property but will not be an owner, like an adult child or relative. Such persons require signing a form that he or she will not interfere with the rights of the mortgage company should it seek to enforce the mortgage or take possession of the property.

2. Directors Personal Guarantees

Many people are now using the vehicle of a limited company to buy properties. The mortgage companies require a personal guarantee of the loan. This is very usual and all the directors need to know what they are liable for.

3. Business Loans

A lot of secured loans require the party seeking the loan to get advice before it will lend, especially if it is secured on the matrimonial home.

4. Personal Guarantees

This is now getting very popular with mortgage companies particularly if children are taking a mortgage for the first time and to satisfy their lending criteria mortgage companies require the guarantors to get advice.

As part of our service, we also advise on trust deeds and bare trusts, if that is right for you .to protect your interest

5. Transfers of Equity

This is where equity from one property is placed on a second property, usually by way of a remortgage. Transfer of equity is popular when funds are being raised to purchase a buy to let property. Both spouses need to know what are the risks. The buy to let property could be held in a company. One of the owners of the original property may not be a director or shareholder of the property holding company.

6. Transfers between family members

Family's will purchase and hold property in each others name and transfer equity between them. Mortgages require each to obtain legal advice. We can act for the whole family although we will make sure we see each member of the family separately to ensure there is no undue influence and duress. More importantly, they understand the full impact of this loan vis a vis the other holdings and risks with those assets.

7. Deed of Indemnity & Subrogation

This is a complex document usually found in transactions where there are existing mortgages or where the company has a floating charge on its assets and you try to have more lending for other properties in the same limited company. You will need to ask us for a separate quote for such advice.

Conceptual picture of woman hand holding white house and Property Investment text written on green grass field top view in Housing Market Real estate buying a home mortgage and loan banking concept.

Your own conveyancing solicitor will be unable to offer this service as the mortgage company requires another independent solicitor to advise on the transaction.

phone-icon

For a quick turn around and response within 1 hour

Please Call Garner & Hancock Solicitors 020 8232 9560  and ask for Mr Vinay Tanna

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This does not require independent legal advice but requires thorough ID Checks and certifications. We charge a fixed fee of £150 plus VAT for this service.

We fully understand that such additional hoops required by lenders can be stressful and it is not easy to see whom you can turn to get the best advice and a quick turnaround.

Fixed fees

We offer fixed fees, but for some complex arrangements, we are happy to give you a quote. As a guide we can offer the following services for a fixed fee:

Our fee scales are simple too:

Independent Legal Advice certification.

This includes a meeting, reviewing the documents seeking any clarification from the conducting solicitors and finally certifying the documents with a letter of comprehensive advice

Additional Person

For any additional person, we need to advise (in joint lending/guarantors)

Frequently Asked Questions

What is Independent Legal Advice / ILA ?

Independent Legal Advice is required on a property matter when your own solicitor cannot act for you or another party is involved in the transaction, who may not be the owner. The reason your solicitor would not be able to act is because of a potential conflict of interest between the owner and the person involved.

Your solicitors will ask the other party to obtain advice separately to advise of the risks of the transaction before signing the documents.

Your independent legal advisor will then need to sign a certificate confirming that they have provided you with necessary legal advice and that you have signed the document in front of them without being forced into the transaction.

Who needs an ILA certificate? When do I need one?

  1. Anyone who is not an owner of the property but has an interest in the property.
  2. Anyone who is assisting in the purchase of the property.

 

For example, say you were buying with your parent who was guaranteeing the mortgage or is a party to the mortgage or helping you with the deposit. They would need the independent legal advice.

You may be buying a property in the name of the company and you have been asked to provide personal guarantees.

What is the Independent Legal Advice process?

  1. Get all the documents from the solicitors or lender
  2. Send them to us
  3. We will set up a meeting and advise you
  4. We send out the legal advice letter and ILA certificate to you, your solicitor and the lender.

What is the advice that will be given?

Each person will receive an individual letter of advice and notes of the meeting.

  1. The solicitor will advise on the following:
    • If you separated or divorced
    • If you fell out with the other person involved in the transaction
    • That you and the other person are jointly and severally liable for the loan which means that the lender can come after you or the other person or both. For any default.
    • The amount borrowed is not the amount repayable – it will be far more
    • What happens on default of the mortgage?
    • How to bring the arrangement to an end
    • What happens if any of the parties die.
    • Explain the key terms of the mortgage

Can I waive the requirement for an ILA?

No, you cannot waive the requirement for an ILA. This isn’t just to protect you but for also the institution or person you are leading with.

What are the costs for an ILA?

The costs vary depending on the lender but they are always fixed and there are no hidden charges. You only pay once we have given you the advice and not before.

How long does it take to get an ILA certificate?

The appointment can be set up immediately and the ILA certificate can be sent usually on the same day.
What delays matters are the following:

  1. Having all the correct documents such as
    • Mortgage offer
    • Mortgage deed
    • Letter from solicitors explaining what needs to be done
    • ILA certificate
  2. Permission from the lender to have the meeting by video conference

Is there a chance that the solicitor will not sign off the ILA certificate?

  1.  This is rare but can happen in the following circumstances:
  • Your ID is unsatisfactory
  • You are unsure of the details of the transaction
  • You do not understand or speak English
  • You seem confused or unable to communicate properly
  • The other person involved in the transaction is in the same room
  • Even if the transaction is not in the best interest for you (and your solicitor will advise you on this) as long as you understand and have no undue influence, your solicitor is likely to sign off the ILA certificate.

 

  1. What does the solicitor need to be satisfied with:
  • Your ID
  • There has not been undue influence (you have not been pressured into entering into this transaction)
  • You understand the advice and the risks of transaction

What sort of questions will I have to answer when getting an Independent Legal Advice certificate?

The ILA solicitor will first check your ID. You will need to have a passport or driving licence and utility or council tax bill.
You will be asked questions about you and the background of the transaction; you should note the value of the property and the amount of the loan.

Why use Garner & Hancock's ILA?

  • We have advised on hundreds of such agreements
  • We are panel members with most lenders
  • We are CQS accredited
  • You receive advice from a Partner of the firm who has been in practice for over 20 years
  • The process time is quick
  • We know about the processes of most lenders and know what is expected by them to ensure that the ILA certificate is compliant and will be acceptable.

Our Guarantee

No Hidden Charges

  • When we quote you a fee there are no other hidden charges.
  • The price is fixed.
  • No need for an appointment (for Oaths)
  • We have parking outside our offices

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Our
Solicitors

Property Dispute Solicitor

Mr. Vinay Tanna

Solicitor and Notary Public

0208 232 9560

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Free advice and Q & A from your armchair - upcoming and recorded webinars

  • Commercial Leases - Getting Out of Them or Renegotiating Them
  • Buying or Selling a Property During This Time – Are You Serious?
  • Landlord and Tenant – Landlords Right During Lockdown

followed by Q&A with our solicitor panel

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