Key Takeaways
- Independent Legal Advice (ILA) is required for a deed of postponement to ensure you fully understand how your mortgage lender’s rights may be affected when property charges change order.
- Lenders often insist on ILA for a property postponement deed to confirm you are signing voluntarily and are aware of the risks and implications of reprioritising their security.
- If you sign a deed of postponement without ILA, you could accidentally reduce your lender’s ability to recover their money from your property or breach lending conditions.
- Fast ILA provides fixed-fee, remote ILA for deeds of postponement, offering fast appointments via secure video call, often on the same day to meet urgent deadlines.
- Fast ILA uses SRA-regulated solicitors and issues lender-compliant ILA certificates so you can complete your transaction with confidence and avoid costly delays.
- You will need to provide your ID, the draft deed of postponement, and any supporting mortgage documents to your ILA solicitor to ensure a smooth ILA process.
- Fast ILA is rated Excellent on Trustpilot with over 140 five-star reviews and a 4.9/5 rating from satisfied clients.
Our SRA-regulated solicitors provide remote, fixed-fee Independent Legal Advice for deeds of postponement at short notice. Book online or call 0207 459 4037 to secure your lender-accepted ILA certificate today.
When Do You Need Independent Legal Advice for a Deed of Postponement?
If you’ve been asked by a lender or conveyancer to obtain ILA before signing a deed of postponement, it’s because signing this document changes the legal order in which secured lenders are repaid. Whether you are remortgaging, drawing a further advance, entering a Right to Buy, or involved in a shared ownership transaction, a deed of postponement can affect your lender’s rights and your own financial exposure.
A deed of postponement prioritises one lender’s charge over another, often enabling a remortgage or additional borrowing. Lenders want reassurance that you understand this shift, the risks it brings, and that the decision is made with full consent and without pressure.
You can meet all lender and Land Registry requirements quickly with a remote appointment and digital certificate from our experts.
What is a Deed of Postponement and Why Do Lenders Require Independent Legal Advice?
A deed of postponement is a formal legal document used when there are multiple secured loans or mortgages charged on a property. Normally, lenders are repaid in the order their charges are registered. By signing a deed of postponement, you agree to alter this order, allowing another lender (often a new remortgage provider or second charge lender) to be repaid before your original mortgage lender if the property is sold or repossessed.
Lenders require that you obtain independent legal advice for a deed of postponement because changing the order of security can increase their risk and yours. This document makes sure you are not inadvertently or under pressure giving up valuable legal protections or taking on unanticipated risk. Legal principles established in cases like RBS v Etridge (No 2) [2001] underpin this, making independent advice essential to protect all parties from allegation of coercion or misunderstanding.
| Case | Relevance to ILA |
|---|---|
| RBS v Etridge (No 2) [2001] | Requires clear, independent legal advice to prevent misunderstanding or undue influence in lender priority changes. |
A Fast ILA solicitor will examine your deed, explain the impact, check you understand every clause, and confirm your advice has been freely given, allowing your transaction to proceed securely.
When Must You Get ILA for a Property Postponement Deed in the UK?
Obtaining ILA for a deed of postponement is necessary in situations such as:
- Your mortgage lender, a new lender, or conveyancer demands it as a precondition for remortgaging or additional advances.
- Right to Buy, shared ownership, or help-to-buy transactions that involve multiple lenders.
- Lender, broker, or Land Registry requires ILA to authorise fund release or register a change in priority.
If you’re unsure whether ILA is needed, check your lender’s instructions or ask us directly for tailored guidance from our SRA-regulated solicitors.
What Happens if You Sign a Deed of Postponement Without ILA?
Signing a deed of postponement without first obtaining ILA almost always results in the lender or the Land Registry refusing to process your application. Even if you proceed, you expose yourself to risks such as:
- Inadvertently compromising your lender’s legal protection and your ability to challenge a repossession.
- Delays or refusal to advance funds, complete your remortgage, or register the priority change.
- Serious legal and financial ramifications if you later claim you did not understand, especially without an ILA certificate in place.
In some instances, your transaction will be cancelled outright if an ILA certificate cannot be produced, resulting in lost fees and missed opportunities.
Booking your ILA appointment before you sign avoids avoidable delays, protects your rights, and satisfies your lender’s requirements.
What Will a Fast ILA Solicitor Explain in Your Deed of Postponement Meeting?
During your appointment, an experienced SRA-regulated solicitor at Fast ILA will:
- Review your deed of postponement and all relevant mortgage documents in clear, straightforward language.
- Explain what the priority of charges means for you, including possible consequences in the event of missed payments or default.
- Highlight clauses involving interest, repossession, and financial penalties that may impact your property or family.
- Ensure your consent is given freely and without pressure from any party.
- Provide a compliant ILA certificate accepted by lenders and the Land Registry as evidence that you received proper, independent legal advice.
After every session, you will have the opportunity to ask follow-up questions, ensuring that you are entering into the agreement with absolute confidence.
Key Questions Explored During Your ILA Session
Our Fast ILA solicitors systematically cover essential issues including:
- The effect of the deed on each lender’s rights before and after the priority change.
- Implications of a payment default, including which lender can enforce their security and recover their money first.
- Potential risk if the property value drops and your ability to meet future obligations.
- Any effect on your rights to assign, transfer, or deal with your property in future.
- Whether other parties (co-owners, guarantors) must also grant consent or receive advice.
This thorough, client-focused approach ensures you understand every aspect before moving forward.
How to Get an ILA Certificate for a Deed of Postponement: Fast ILA’s Step-by-Step Process
Obtaining a lender-approved ILA certificate for your deed of postponement is simple with our service:
Step 1: Book Your Fixed-Fee Remote Appointment
- Use our secure online booking portal to select a suitable time—same-day slots are often available.
- Choose “Deed of Postponement” as your transaction type.
- Pay your fixed fee from £120 + VAT—no surprise costs or extras.
Step 2: Upload Your Documents Securely
- You’ll receive an email invitation to FastVerify, our GDPR-compliant encrypted file upload platform.
- Upload your photo ID, lender or solicitor instructions, the deed of postponement, and any mortgage statements or supporting documents.
Step 3: Attend Your SRA-Regulated Video Call
- Join your video appointment from anywhere via phone, computer, or tablet.
- We’ll review your documents, explain risks, answer your questions, and confirm your voluntary consent.
- Your Fast ILA solicitor acts only for you and is independent from all lenders and brokers involved.
Step 4: Receive Your ILA Certificate (Often Same Day)
- Your ILA certificate is issued as soon as your appointment is complete, ensuring it meets all current lender and Land Registry requirements.
- We email the certificate to your lender, broker, or conveyancer, as well as to you for your records.
If your deadline is approaching or you need a weekend appointment, our flexible service can keep your transaction on track.
Documents You Need Before Your ILA for a Postponement Mortgage Clause
Make your ILA appointment as quick as possible by gathering:
- The draft (or final) deed of postponement provided by your lender or solicitor.
- Instructions or letters specifying that ILA is required.
- Your latest mortgage offer, account statement, or reference number.
- Valid photographic ID such as a passport or UK (or European) driving licence.
- Contact details for your broker, conveyancer, or any other relevant parties.
If you’re missing any documents, let us know in advance—early notice helps avoid unnecessary rescheduling or delays.
Key Risks and Common Pitfalls in Deeds of Postponement
Deeds of postponement carry tangible risks that are often underestimated:
- Weakening your first lender’s security position, potentially leading to faster repossession if payments are missed.
- Accidentally breaching the terms of another loan or mortgage, resulting in severe penalties or forced repayments.
- Registration delays or transaction failures if the deed or ILA certificate does not meet strict legal requirements.
- Failing to inform or involve a co-owner or another registered party, which could invalidate the arrangement or cause future disputes.
Our experienced solicitors are adept at spotting such risks early—helping you sidestep unnecessary setbacks and keep your property plans on course.
Getting Your ILA Certificate Online: How Fast ILA Makes the Process Easy
Our fully digital process is built to modern standards, delivering:
- Transparent, fixed-fee pricing with no hidden extras.
- Flexible booking for same-day, evening, or weekend appointments, ideal for urgent cases.
- ILA certificates accepted by every major lender and the Land Registry.
- Secure, GDPR-compliant transfers of ID and documents via FastVerify.
- Rapid turnaround: certificates typically delivered within hours of your appointment.
Our commitment is to streamline your experience, delivering trusted independent legal advice with efficiency and clarity at every stage.
The Fast ILA Advantage: Our Approach to Your Deed of Postponement ILA
Choosing our SRA-regulated solicitors provides:
- Fixed-fee service from £120 + VAT, covering the advice session, video call, and compliant certificate.
- 100% remote consultations—attend from anywhere in England or Wales, on your schedule.
- Full recognition by all UK mortgage lenders, building societies, and the Land Registry.
- Use of FastVerify technology, keeping your personal and legal data secure.
- Digital certificates, eliminating postal delays and expediting your transaction.
- Peace of mind from an Excellent Trustpilot rating, with over 140 five-star reviews confirming high client satisfaction.
When timing, compliance, and confidence matter, our service ensures you can move forward without worry or wasted time.
Frequently Asked Questions about ILA for Deed of Postponement
How quickly can I get my ILA certificate?
Most clients receive their certificate and completed advice documentation on the same day, provided documents and ID are uploaded without delay.
Is online ILA for deeds of postponement accepted by lenders?
Yes. All UK mortgage lenders and the Land Registry accept digital ILA certificates, so long as they’re issued by an SRA-regulated solicitor who is genuinely independent.
What paperwork do I need for my ILA call?
Please prepare your deed of postponement (draft or final), any lender or broker instructions, and your passport or driving licence.
Why can’t my property solicitor provide my ILA?
Independence is crucial—your ILA must come from a solicitor separate from those acting for other parties in the transaction.
What does independent legal advice for a deed of postponement cost?
Our fixed fee starts from £120 + VAT, which covers your video meeting, advice, and lender-accepted certificate.
Am I obliged to sign the deed after my ILA session?
No. After your advice session, you can choose whether to sign. You are under no obligation.
Can my transaction proceed if I skip ILA?
No. Almost all lenders and the Land Registry require an ILA certificate for any priority change involving a deed of postponement.
What’s the main risk if I sign a postponement deed?
You allow another lender to be paid ahead of your original mortgage lender in case of default, which could speed up the process if arrears occur and increase risk to your home.
Does the Land Registry require ILA evidence for every deed of postponement?
Nearly all registered deeds of postponement will be refused or delayed without a valid ILA certificate from an SRA-regulated solicitor.
Can you help joint owners or multiple parties get ILA simultaneously?
Yes. We can arrange parallel or consecutive video appointments for all parties, with certificates delivered the same day for seamless completion.
Secure Your Deed of Postponement ILA Online with Fast ILA
Obtaining independent legal advice before signing a deed of postponement is essential, protecting you from serious legal and financial pitfalls and ensuring your lender’s requirements are met without delay. With our SRA-regulated solicitors, you receive clear, client-only advice through rapid, remote video calls, with certificates accepted by every major UK mortgage lender and the Land Registry.
Our fixed-fee, digital-first process means you can sort your ILA at your convenience, confident that your property transaction remains on track without hidden costs or delays. Let our dedicated legal experts handle the process—so you stay protected, informed, and ready to complete.
