Key Takeaways
- A deed of postponement (also known as a deed of subordination) is a legal agreement where an existing lender agrees to let a new lender’s charge take priority for repayment if the property is sold or repossessed.
- Lenders in England and Wales normally require anyone signing a deed of postponement to obtain independent legal advice before completion, and most will not proceed without an ILA certificate from a solicitor.
- The solicitor provides independent legal advice to ensure the signer understands that their lender’s claim will be repaid after the new lender’s charge and that they accept the legal and financial consequences.
- If you do not get independent legal advice when required, your transaction may be delayed or the deed may not be recognised by your lender, risking refusal of funds or completion.
- A typical ILA process involves a solicitor reviewing your document and identification, explaining the effect of subordinating your lender’s charge, confirming your understanding, and issuing a signed certificate for your lender’s records.
Do I Need Independent Legal Advice Before Signing a Deed of Postponement?
Lenders in England and Wales treat a deed of postponement as a serious legal step. Most will not proceed to completion unless a solicitor has given independent legal advice and issued a formal ILA certificate. Signing this document changes the order in which your lenders get repaid if your property is sold or repossessed. This means you could lose your position in the queue for sale proceeds, even if both loans are eventually paid in full.
Timing is crucial. Lender solicitors usually require the signed deed and ILA certificate before releasing funds. Late arrangements for ILA often result in delays. Knowing what happens during the ILA appointment, what our solicitors certify, and how your certificate is issued helps you keep your transaction moving.
If you need independent legal advice for a deed of postponement, our solicitors can help with a fixed-fee, SRA-regulated, fully online service. Call 020 7459 4037 or book your appointment securely online.
What Is a Deed of Postponement (or Deed of Subordination)?
A deed of postponement (also called a deed of subordination) is a legal document used to change or confirm the order in which different lenders are repaid from a property’s sale or repossession. One lender agrees that their charge (legal right over the property) will rank behind another. This order of “charge priority” is especially important if you have more than one secured loan, such as a mortgage and a Help to Buy equity loan.
You will encounter deeds of postponement when remortgaging with an existing charge on the property, releasing equity, securing a second mortgage, or changing repayment order between lenders during financial restructuring. The “charge” is the registered legal right a lender holds over your property, and “charge priority” decides which lender is paid first on sale or repossession. Sometimes a “deed of consent” is used to confirm a non-owner occupier’s agreement to a mortgage or charge.
Ellie owns a house with a Help to Buy equity loan registered as a second charge. When she wants to remortgage, her new lender insists on a deed of postponement to make sure their charge is repaid first in any future sale. Both lenders must agree on the order, and Ellie must understand what this means for her equity.
Do I Need Independent Legal Advice Before Signing a Deed of Postponement?
Most mortgage lenders in England and Wales require an ILA certificate from a regulated solicitor before they will accept or act on a signed deed of postponement. This is because signing the deed changes the order in which lenders are repaid, which can have significant legal and financial consequences if your property is sold, remortgaged, or repossessed.
Standard lender deeds, including those from major banks, carry warnings not to sign without first obtaining independent legal advice. Industry guidance strengthens this: occupiers or non-borrowers should be independently advised to make sure they understand the effect of the deed.
Without an ILA certificate, your lender may not release funds or may delay the transaction. Last-minute ILA is a leading cause of stalled completions.
Book your ILA appointment as soon as your lender requests the deed of postponement. Delaying until exchange or completion can cause avoidable stress and transaction hold-ups.
If you want to complete your deed of postponement requirement quickly and conveniently, our remote ILA service can help you do so without hassle.
What Happens in an ILA Appointment for a Deed of Postponement?
In an ILA appointment for a deed of postponement, a qualified, SRA-regulated solicitor reviews your identity and the document you are asked to sign. The solicitor will explain in plain English the effect of subordinating your lender’s charge, making sure you understand the changes in priority, repayment risks, and impact on your remaining equity.
With Fast ILA, your remote appointment involves:
- Online Booking: Schedule the appointment and securely upload your deed of postponement, lender correspondence, and proof of ID/address.
- Document Verification: Our team checks your documents and prepares for your session.
- Live Call: You join a video or phone consultation with our SRA-regulated solicitor. They confirm your identity, explain the deed’s implications, and answer any questions.
- Certificate: If you are comfortable and the solicitor is satisfied you understand, you sign the deed. The solicitor then issues a lender-compliant ILA certificate as proof you received advice and signed freely.
- Follow-up: The certificate is delivered digitally to you, your handler, or your lender to keep your transaction on track.
Watch this step-by-step walkthrough on how remote ILA works for deeds of postponement, from booking to receiving your signed ILA certificate.
Tom is remortgaging, but his new lender requires a deed of postponement due to his Help to Buy loan. He books a remote Fast ILA appointment, uploads his ID and mortgage documents, and speaks on a video call with a solicitor who explains the risk to charge priority. After confirming his understanding, Tom receives a digital ILA certificate to give to his lender.
Have your ID, lender instructions, and the deed ready before your appointment. This streamlines your session and avoids follow-up delays.
Our remote process is client-friendly and designed for efficiency, so you can meet strict lender deadlines without the need for an in-person visit.
Who Needs to Get ILA for a Deed of Postponement, and at What Stage?
All property owners being asked to sign the deed of postponement usually need independent legal advice. This covers sole owners, joint owners, and sometimes non-owner occupiers (like adult children or partners living at the property) if the deed affects them. Directors or trustees may also need ILA if the property is owned by a company or trust.
The main triggers are the lender’s policy and the existence of multiple registered charges, such as a Help to Buy equity loan and new mortgage. Most lenders require ILA for all relevant parties, evidenced by a signed solicitor’s certificate before mortgage or remortgage completion, and often before funds are released.
Missing or delaying ILA often halts the transaction. Many completions are delayed or declined because certificates are not produced in time.
You may also need an occupier’s consent ILA if a non-borrowing adult lives at the property.
Ask your lender or case handler exactly who requires ILA as soon as the deed is requested. Early checks prevent last-minute surprises.
Early ILA helps secure a smooth completion and avoids unexpected delays in your property finance plans.
Common Risks and Consequences of Signing a Deed of Postponement
The main risk when signing a deed of postponement is that you lose your existing lender’s priority over the property. If you fall into default and the property is repossessed or sold, the first charge lender (usually your main or new lender) will be repaid before any postponed lender, leaving less, or nothing, for the second lender, and often for you if money is still owed.
If you have an equity loan (like Help to Buy), repayment to that loan is only made after the new first charge is cleared. For joint owners, all are affected if priority is lost. If there is little equity when sold, the postponed lender may not be repaid in full.
Kevin owns a house with a main mortgage and an outstanding Help to Buy loan. He signs a deed of postponement letting a new lender take first priority. If the property is sold at a loss, the first lender will be repaid in full, and the amount left for the Help to Buy loan (and Kevin) could be much less than expected.
These risks must be carefully weighed and discussed during your ILA appointment. Only sign when you fully understand how charge priority will affect your situation, especially if property values may fall or you plan another remortgage.
Getting Your ILA Certificate Online: How It Works with Fast ILA
Fast ILA provides a fully remote, fixed-fee independent legal advice service for deeds of postponement. This is ideal when your lender or broker requires a lender-compliant ILA certificate quickly and without the need for local solicitor visits.
Our simple process:
- Book Online: Reserve your ILA appointment at a time to suit you.
- Upload Documents: Submit all required documents (the deed, lender letters, ID) using our secure portal.
- Remote Appointment: Meet our SRA-regulated solicitor by video or phone. They will explain the deed and confirm your understanding.
- Certificate Issued: Your signed ILA certificate is generated digitally and can be sent to you and, if authorised, your lender or case handler for proof.
Compared to traditional services, Fast ILA removes travel, scheduling delays, and the risk of hold-ups if your local solicitor is unavailable.
Book your deed of postponement ILA online for a streamlined, secure solution.
Gather your ID, all letters from your lender or broker, and the draft deed before your appointment. This helps us deliver a single, efficient ILA session and issue your certificate without delay.
If your lender is waiting on your ILA certificate to release funds, an online fixed-fee service can make all the difference. Speak to our support team if you have any questions about preparing.
The Fast ILA Advantage: Our Approach to Deed of Postponement ILA
Fast ILA stands out as a solicitor for deed of postponement by offering:
- Fully remote appointments: Receive ILA from anywhere in England and Wales.
- Fixed-fee pricing: Know your costs in advance.
- SRA regulation: Every session is led by a qualified, SRA-regulated solicitor.
- Rapid turnaround: Our process is built for lender deadlines. We can often schedule, conduct, and issue your certificate in a single day.
- Lender-compliant documentation: Our certificates meet major lender requirements, helping prevent transaction delays.
This approach addresses typical issues with traditional services, such as uncertainty, repeat visits, and unexplained delays. With Fast ILA, you get predictability and regulatory peace of mind.
If your deed of postponement involves an equity release scheme, see our equity release ILA service.
Our model is designed for your convenience, especially when timing is critical and your ILA must meet lender scrutiny the first time.
Frequently Asked Questions About ILA for Deeds of Postponement
Is a deed of postponement always the same as a deed of subordination?
Yes. In the context of mortgages and property finance, a deed of postponement and a deed of subordination mean the same thing. They change or confirm which lender’s charge is repaid first if the property is sold or repossessed.
Can I get ILA for a deed of postponement completely online?
Yes. With Fast ILA, you can complete the entire ILA process, document submission, video or phone appointment, and receipt of your ILA certificate, remotely, with no need for a face-to-face visit.
Who receives the ILA certificate after the appointment?
The signed ILA certificate is provided to you and, if required or authorised, directly to your lender, case handler, or conveyancer as proof of independent advice.
What documents will the solicitor want to see for my ILA?
You will need to provide:
- The draft deed of postponement or subordination
- Any lender instructions or correspondence
- Proof of identification (such as a valid passport or driving licence)
- Proof of address (such as a recent utility bill or bank statement)
How long does a remote ILA appointment for a deed of postponement take?
Most remote ILA appointments last between 20 and 45 minutes, depending on how complex your paperwork is and what questions you have. Having all documents ready keeps things swift.
Can I refuse to sign a deed of postponement if I’m uncomfortable?
Yes. You are never forced to sign. If, after your ILA session, you are unsure, you can ask further questions, request more clarity, or choose not to sign. Refusing may mean you cannot proceed with your intended mortgage or loan.
Will the solicitor advise me whether to sign?
Our solicitor’s role is to explain the legal meaning and effect of the deed, highlight the risks, and check your understanding. The decision to sign is always yours.
What happens if I don’t get ILA. Will my remortgage be delayed?
In most cases, yes. Without a lender-acceptable ILA certificate, lenders will not release funds and your completion can be delayed or missed.
Do occupiers or non-borrowing adults need separate ILA?
If your lender requires non-owner occupiers (such as partners or adult children living at the property) to sign the deed, each must get separate ILA so they understand how it affects them.
Are deed of postponement ILA certificates accepted by all UK mortgage lenders?
Fast ILA’s certificates are prepared by SRA-regulated solicitors and designed to be compliant with major lender requirements. Always check your lender’s acceptance policy with your case handler in advance.
Book Your Deed of Postponement ILA with Fast ILA Today
Take control of your remortgage or equity release by booking a remote, fixed-fee independent legal advice session for your deed of postponement with our SRA-regulated solicitors. Avoid unnecessary delays at completion and secure documentation that matches your lender’s requirements. You can arrange your session securely online or speak to our support team directly on 020 7459 4037 or via our online booking form to schedule your remote ILA appointment.
