Understanding the Risk: Joint Borrower, No Title
A recent client contacted Fast ILA after his mortgage lender informed him that he needed independent legal advice (ILA) as a condition of drawdown. He was not buying the property himself—nor would he appear on the legal title—but he was being required to sign the mortgage as a joint borrower under a Joint Borrower Sole Proprietor (JBSP) arrangement.
This meant he would become jointly and severally liable for a 35-year mortgage of nearly £380,000, despite having no legal or beneficial interest in the home. It is a structure commonly used by lenders to satisfy income affordability rules, allowing one party to support a loan application without owning the property.
Although this may appear cooperative or routine at first glance, the legal and financial consequences are anything but. Without proper advice, our client would have exposed himself to a multi-decade liability, while surrendering all rights to equity, occupation, and legal control.
Why Lenders Require Independent Legal Advice for JBSP Mortgages
In JBSP mortgages, one party (usually a partner, relative, or cohabitant) is added to the mortgage loan for affordability purposes, but does not appear on the legal title. Lenders see this as a high-risk structure and require the non-owning borrower to take independent legal advice to confirm:
- They understand the extent of their liability under the mortgage;
- They accept that they are waiving any claim to ownership, occupation, or proceeds;
- They are entering into the arrangement voluntarily, without coercion or misunderstanding;
- They will remain liable even if the relationship or cohabitation ends.
This is not a box-ticking exercise. Once the ILA certificate is signed and returned, the borrower becomes contractually bound to a mortgage they do not legally benefit from.
The Mortgage and Transaction Summary
In this case, the borrower was joining a mortgage provided by a high street lender under a JBSP structure. The property was to be legally owned solely by his partner. The mortgage was structured as a 35-year capital repayment product with the following terms:
- Loan amount: £378,495
- Initial fixed rate: 4.56% until October 2027
- Illustrative follow-on rate: 7.24% (subject to lender’s standard variable rate)
- Estimated monthly payments: £1,804.00 for the first 27 months, rising to £2,137.95 thereafter
- Total repayable over term: £993,647.60
Despite the scale of the commitment, the client would have no legal right to the property, no entitlement to share in any future equity or sale proceeds, and no automatic right to reside there.
Our Role: Legal Advice That is Independent, Fast, and Precise
Upon receiving the lender’s instructions and documentation, we undertook a full review of the:
- Mortgage offer and illustration
- Draft mortgage deed
- Deed of Waiver of Property Rights
- Lender’s standard Certificate of Independent Legal Advice
We scheduled a remote solicitor-led appointment on the same day.
During the call, we advised the client thoroughly on the structure and consequences of what he was being asked to sign. We explained that by entering into this JBSP arrangement, he was accepting personal liability for the full mortgage debt, including interest and lender charges, for the entire term of the loan.
We clarified that he would not be registered as a legal owner of the property, and that he was formally waiving any legal or beneficial rights to reside in or benefit from the home. We discussed the implications of that waiver, including that he would have no say in what happened to the property in future—be it refinancing, sale, or ownership transfer.
We also discussed potential options for protecting his interests, such as entering into a private Declaration of Trust with the legal owner or documenting repayment expectations.
The client understood the gravity of the position and confirmed that he wished to proceed voluntarily and without pressure. We verified his identity, confirmed his understanding, and executed the ILA certificate in the lender’s required format. The certificate was returned the same day, enabling the mortgage to complete without delay.
The Outcome
Thanks to our ability to act promptly, the client’s legal advice was provided, certified, and returned to the lender within 24 hours. The mortgage progressed to completion as planned.
More importantly, the client left the process with a full understanding of what he was signing, what he was giving up, and how his liability would operate. In our experience, that level of clarity is rare—but absolutely essential.
Lessons for Non-Owning Borrowers
Many JBSP borrowers are not told—in clear terms—what the legal risks are. They assume they are “just helping out” or that they are on the mortgage “for a short time.” In reality, they are signing up for a long-term debt obligation without any ownership stake.
Common misunderstandings include:
- Believing that contributing to the mortgage means they will automatically own part of the property (they won’t);
- Believing they can walk away if the relationship changes (they can’t);
- Believing that the lender will only pursue the legal owner (they may pursue either party, or both).
JBSP borrowers need expert advice—not just to satisfy the lender’s requirements, but to protect their future financial position.
Why Use Fast ILA?
At Fast ILA, we provide independent legal advice for:
- Joint Borrower Sole Proprietor (JBSP) mortgages
- Non-owning borrowers joining a mortgage to support affordability
- Waivers of property rights
- Guarantors, directors, and parents providing financial support
We act quickly, remotely, and with the legal depth necessary to ensure that our clients are informed and protected.
Our service includes:
- Remote solicitor-led appointments (often same-day)
- Full legal review of all lender documents
- Identity verification
- Completion and return of lender-compliant ILA certificates
- Fixed-fee certainty—no hourly charges or hidden costs
We are instructed by clients, mortgage brokers, and conveyancers across England and Wales, and our certifications are accepted by all major lenders.
Need Independent Legal Advice for a JBSP Mortgage?
If you’ve been asked to sign a mortgage but won’t be on the title—don’t sign until you’ve received proper legal advice.
We can help you understand:
- What you’re committing to
- What you’re giving up
- What you can do to protect yourself
At Fast ILA, we offer:
- Urgent ILA – Same-day appointments with fast turnaround
- Couple ILA – Joint appointments for both borrowers where required
- Standard ILA – Convenient fixed-fee service with flexible scheduling
Book online using our instant booking calendar, and choose a date and time that works best for you.
