How Fast ILA Delivered Urgent Legal Advice for a Delayed Mortgage Guarantee Certification
Two-Year Oversight by Lender
A married couple had acted as personal guarantors for a £189,545 buy-to-let mortgage, secured through their company’s property acquisition. The loan was completed over two years ago, and the couple assumed all documentation had been correctly handled at the time.
Unbeknownst to them, the lender had failed to obtain the required Independent Legal Advice (ILA) certificates when the personal guarantees were signed — a serious omission that left the enforceability of the guarantees open to challenge. The oversight only surfaced during an internal compliance review by the lender.
The lender contacted the guarantors requesting immediate retrospective legal advice and solicitor-certified documentation, or risk non-compliance with its lending procedures, potentially jeopardising future finance arrangements.
Urgent Retrospective ILA to Regularise a £189K Guarantee
The clients approached Fast ILA seeking a swift, compliant resolution. The matter required same-day legal advice, completion of the lender’s Guarantor Certificate of Advice, and confirmation that both individuals fully understood their obligations under the guarantee.
Fast ILA’s immediate actions included:
- Reviewing the original mortgage offer, legal charge, and guarantee deed
- Identifying the lender’s requirements and formatting their standard ILA certificate
- Advising both clients separately via secure video calls
- Clarifying the nature, extent, and risk of their unlimited, joint and several liability
- Confirming both individuals were entering the guarantees freely and without coercion
- Certifying and returning the lender’s documents within 24 hours
Key Legal Advice Delivered to the Guarantors
Each client was advised on the full legal and financial implications of signing the guarantees, including:
- Unlimited Liability: The personal guarantees impose full financial responsibility for the entire mortgage balance, not just a portion.
- Joint and Several Nature: Each guarantor is liable for 100% of the debt, and the lender may pursue one or both parties at its discretion.
- No Right of Withdrawal or Termination: Once given, the guarantee is irrevocable, even if circumstances change.
- Continuing Security: The obligations survive borrower default, insolvency, or lender delay in enforcement.
- Binding on Estate: The guarantee obligations extend beyond the guarantor’s lifetime, affecting their estate if liability remains.
- Lender Discretion: The lender can enforce directly against a guarantor without exhausting remedies against the borrower.
Why Fast ILA?
Fast ILA specialises in urgent, regulated independent legal advice for clients who are asked to sign high-risk financial and legal documents. Whether required at the outset or retrospectively, we provide clear, compliant advice accepted by UK lenders.
We are trusted for:
- Speed – ILA delivered within 24 hours
- Clarity – plain-English advice by experienced solicitors
- Security – remote ID verification with FastVerify™
- Fixed Fees – from £120 + VAT, plus £25 + VAT for certification
- Compliance – documentation accepted by lenders, banks, and financial institutions
We assist with:
- Personal guarantees (individual, joint, corporate)
- Bridging loan agreements
- Third-party mortgages
- Occupier waivers
- Consent to mortgage
- Other lender-required documents with legal or financial risk
Guarantee Certified, Lender Compliance Achieved
Thanks to Fast ILA’s efficient response and structured process, the clients:
- Received complete, individual legal advice
- Had their guarantee regularised with no impact on their lender relationship
- Avoided delays or exposure to future enforceability challenges
The lender accepted our certificate without issue, bringing the matter to a close within 24 hours of instruction.
Need Urgent Independent Legal Advice for a Personal Guarantee or Bridging Loan?
Avoid unnecessary delays, lender rejections, or unenforceable obligations. Fast ILA provides independent legal advice with full solicitor certification often within 24 hours.
Call Fast ILA on 0207 459 4037 or request a free consultation today.
