The demand for independent legal advice can cause many people to scratch their heads and endlessly look for a lawyer to offer this service. Fortunately, we are here to make things easier. We know that the need for independent legal advice can seem like another frustrating hurdle in negotiating a mortgage, which is why we`ve partnered with experienced lawyers across the UK to help our clients get the advice they need, with minimal effort. We understand the difficulties of meeting strict deadlines, so we have simplified the process: just contact us and give us some details and we will make you an offer for the service you need, which we know from many years of experience in independent legal advice that it is very competitive in the market. We can provide you with a convenient appointment for a law firm in your area. “It was a very professional and helpful service from ILA-Connect, thank you very much. I wasn`t really sure why I needed to seek independent legal advice, but you explained it and organized things so that I could complete my purchase without it being delayed. After the Etridge case, the House of Lords described the “basic minimum requirements” for a lawyer in the area of independent legal advice. On the one hand, the meeting between the borrower/guarantor/mortgage debtor and the lawyer must be in person without another party being present. The lawyer must ensure that the language he or she uses can be understood by the person; It cannot be technical in nature and must not bombard the individual with incomprehensible legal jargon. In addition, the lawyer must explain their role in the transaction and clarify that the lender will rely on the lawyer`s involvement to counter any future claims that there is undue influence or that the transaction is not fully understood. You don`t need to show up at the office to sign your Barclays ILA certificate” For this reason, a lender who asks someone to give them a “personal guarantee” can often come with the requirement that the proposed guarantor seek independent legal advice to ensure they are aware of the transaction in question and the full extent of their financial liability.

When a guarantor or a person who guarantees a mortgage receives the ILA, a lender receives confirmation that the guarantor has voluntarily entered into the guarantee, knowing the financial implications, consequences and risks associated with providing a personal guarantee to the lender. Garner Hancock is a Barclays approved legal services provider who has previously worked hard to arrange a mortgage or loan for a client, the need for independent legal advice may prevent a borrower from proceeding with the transaction. Therefore, it is in the best interest of the lender to help his client get independent legal advice: the problem is that it is not always easy to find a lawyer to offer this service. “I had to consult a lawyer for independent legal advice regarding a joint borrower, a sole proprietor mortgage for my son. I booked it through ILA-Connect and conveniently it was done via Skype, which saved me time and it was cheaper. Simply put, the lender may require a party involved in a transaction to seek independent legal advice to ensure that they have not been overly influenced and understand the nature of the proposed mortgage agreement or collateral. In this way, people who sign loans, guarantees and other such documents will be less likely to be able to avoid liability by claiming that they are unaware of the consequences because their independent legal counsel would have ensured that they were fully informed before signing. “I discovered at the last minute that I had to seek independent legal advice and that I really couldn`t go any further until I contacted ILA-Connect!” In accordance with the guidelines of the House of Lords in Royal Bank of Scotland v. Etridge (point 2) and other cases where a number of borrowers have successfully argued that they should not be tied to a loan, collateral arrangement or mortgage because they did not know what they were signing, it was held that this was necessary in certain circumstances: that a borrower be separated from an independent qualified lawyer before signing the mortgage or guarantee document. During the meeting, the lawyer must explain the nature of the guarantee or mortgage/transaction, clarify the meaning of the accompanying documents and explain the practical consequences of signing the guarantee or mortgage and the risks involved. Finally, the lawyer who provides independent legal advice must make it very clear to the guarantor that it is up to him to decide whether to give the guarantee or take the mortgage and ensure that he will be happy to proceed.

The lawyer will then issue the lender with a written confirmation or certificate as required by each lender. From the point of view of the bank or construction company, the need to protect their interests in the face of possible legal challenges is crucial. Written confirmation from a lawyer working for the borrower, guarantor or mortgage debtor can serve as irrefutable proof that the lawyer has fully explained to him his role in the transaction and the practical implications of signing the document. The purpose of the lawyer`s written confirmation/attestation of an independent legal opinion is to satisfy the lender that it has fulfilled its duty of care to the individual and to prevent the borrower, guarantor or mortgage debtor from questioning its liability for the loan: without this confirmation, the lender could lose the ability to enforce its security, if it is successfully contested.