How Fast ILA Advised a Joint Borrower on Full Liability Without Property Ownership
A client was applying for a mortgage jointly with their partner. While only one party would be named on the legal title and own the property, the mortgage lender—a major UK high street bank—required the second borrower to enter the loan as a non-owning joint borrower under a Joint Borrower Sole Proprietor (JBSP) arrangement.
To protect the bank’s position, the client was required to sign the mortgage deed and a Deed of Waiver of Property Rights, confirming that they understood they would be personally liable for the mortgage without receiving any legal or beneficial interest in the home.
Fast ILA advised, verified, and certified all required documentation within 24 hours—protecting the client’s legal position and ensuring the mortgage could complete on time.
Why Independent Legal Advice Is Required for JBSP Mortgages
In JBSP mortgages, a lender often allows a second person (typically a partner or family member) to join the loan purely for income affordability purposes. The legal ownership of the property is held by one party only, but both parties are liable for repayment.
Lenders require independent legal advice to:
- Confirm the non-owning borrower understands the legal risks
- Ensure the waiver of property rights is informed and voluntary
- Make the loan and mortgage deed fully enforceable
- Prevent future disputes over ownership, liability, or consent
Fast ILA provides this advice quickly, remotely, and for a fixed fee—helping clients avoid delays and protecting their long-term interests.
The Loan and Mortgage Structure
Loan Amount: £306,995
Borrowers: One legal owner; one non-owning joint borrower
Lender: UK high street bank (JBSP mortgage product)
Property Ownership: Legal title in one name only
Mortgage Type: Capital repayment over 40 years
Interest Rate:
- 4.74% fixed for 2 years
- Then 7.24% variable (illustrative)
Monthly Repayments:
- £1,397.95 during fixed period
- £1,943.93 thereafter (subject to interest changes)
Total Repayable Over Term: £776,697.72
Key Documents Signed by the Client:
- Mortgage Deed
- Deed of Waiver of Property Rights
- Certificate of Independent Legal Advice (ILA)
What Fast ILA Delivered
We reviewed the full mortgage offer, the lender’s ILA instructions, and the waiver documentation. Our solicitor provided a private legal advice session via secure video link. We explained:
- That the client was jointly and severally liable for the mortgage
- That they would have no ownership, equity or title in the property
- That they were waiving all rights to occupy or benefit from the home
- That they were exposing themselves to 40 years of personal liability
- That they had no right to recover their contributions unless a private legal agreement was created
- That future mortgage changes might occur without their input, but their obligations would continue
- That their signature would legally bind them to the loan, regardless of relationship changes
We verified the client’s ID, confirmed their understanding, and certified the lender’s ILA form on the same day.
Outcome
- Client received full independent legal advice in line with lender requirements
- All legal documents reviewed, explained and certified
- Lender-compliant certificate issued and returned in under 24 hours
- No delay to the mortgage offer or scheduled completion
- Fixed-fee pricing with no additional charges
Why Use Fast ILA for JBSP Mortgage Legal Advice?
We specialise in acting for:
- Non-owning borrowers under JBSP mortgages
- Individuals asked to sign Deeds of Waiver of Property Rights
- Borrowers joining mortgages for affordability purposes without ownership
- Family members, partners and joint applicants needing lender-approved ILA
Our service includes:
- Certification accepted by all major UK lenders
- Same-day remote appointments with regulated solicitors
- Fixed-fee pricing from £120 + VAT
- Full legal advice on your lender’s documentation
