Independent Legal Advice for a Non-Benefitting Borrower
A Straightforward Way to Satisfy the Lender’s Requirement
A lender may require separate Independent Legal Advice where a joint mortgage or loan is being used, in whole or in part, to repay debts or liabilities held in the other borrower’s sole name.
This is often described as a non-benefitting borrower requirement because, although both parties are responsible for the borrowing, one of them receives less or no direct benefit from part of the loan.
ILA-Connect provides a simple and convenient way to get this requirement dealt with. With online booking and appointments by Zoom, you can arrange the advice you need without having to find and visit a solicitor locally.
The required certificate or confirmation is provided by an SRA-regulated solicitor from our panel.
Why Use ILA-Connect?
- Fixed, clear pricing
- Appointments available at short notice
- Nationwide service by Zoom
- No need to visit a solicitor’s office
- Straightforward online booking
- Prompt completion of the required certificate or letter
Fixed Pricing – No Hidden Costs
Select the number of persons requiring Independent Legal Advice and book below:
1 Person
£150 incl. VAT
2 Persons
£270 incl. VAT – Save 10%
3 Persons
£382.50 incl. VAT – Save 15%
4 Persons
£480 incl. VAT – Save 20%
Special Delivery Postage
Where your lender or conveyancing solicitor requires an original wet-ink signed document, it can be sent using Royal Mail Special Delivery.
This is a tracked and guaranteed next-working-day service and is available for £18 including VAT.
When Might This Requirement Arise?
This type of Independent Legal Advice is most commonly required where two people are borrowing jointly, but part of the money will be used to repay debts or liabilities belonging solely to one of them.
Examples include:
Repaying One Borrower’s Debts
A joint mortgage, remortgage or secured loan is being used to repay credit cards, personal loans, car finance or other borrowing held in only one person’s name.
Consolidating Personal Borrowing
Both partners are taking responsibility for a new joint loan, but the debts being consolidated belong mainly or entirely to one of them.
Repaying an Individual Liability
Part of the borrowing will be used to discharge another personal financial liability belonging solely to one borrower.
A Mixture of Joint and Individual Purposes
Some of the borrowing may be for your joint benefit, while another part is being used to repay debts held in only one borrower’s name.
For example, a remortgage may repay an existing joint mortgage while also releasing additional money to clear one borrower’s credit cards or personal loans.
The requirement may arise in connection with:
- Residential mortgages
- Remortgages
- Further advances
- Second charge loans
- Secured loans
- Debt consolidation borrowing
What Does “Non-Benefitting Borrower” Mean?
The phrase can sound more complicated than it really is.
A non-benefitting borrower is generally someone who is jointly responsible for a mortgage or loan but receives less or no direct financial benefit from part of the borrowing.
It does not necessarily mean that you receive no benefit from the overall transaction.
For example, you may both benefit from an existing joint mortgage being repaid, while the additional borrowing is used to clear debts held only in the other borrower’s name.
In that situation, you may be treated as the non-benefitting borrower in relation to the additional borrowing.
How It Works
1. Book Your Appointment
Book under the Non-Benefitting Borrower category.
In most cases, only the person who has been told to obtain Independent Legal Advice needs to book.
2. Access Your Client Portal
Your Booking Confirmation and secure Client Portal invitation will be sent immediately after booking.
The portal provides a straightforward way to supply the information needed for your appointment.
3. Complete Your Portal Tasks
You will normally be asked to provide:
- The mortgage offer or loan agreement
- The mortgage deed
- The lender’s Independent Legal Advice certificate, where one has been provided
- Photographic identification
- Recent proof of address
4. Attend Your Zoom Appointment
Your appointment will take place by Zoom with an SRA-regulated solicitor from our panel.
The Zoom link is easy to use and can be opened in a web browser, so there is no need to travel to a solicitor’s office.
5. The Required Confirmation Is Issued
Following the appointment, the solicitor will complete the lender’s Independent Legal Advice certificate or provide a confirmation letter on headed paper, depending on what is required.
Where an original wet-ink document is needed, it can be sent by Royal Mail Special Delivery.
Helping You Keep the Transaction Moving
Independent Legal Advice is often requested during the later stages of a mortgage or loan application, when everyone may already be working towards a completion date.
ILA-Connect offers a straightforward way to deal with the requirement, with online booking, appointments by Zoom and panel solicitors who regularly handle lender ILA matters.
FAQs – Independent Legal Advice for a Non-Benefitting Borrower
This requirement can arise where part of a joint mortgage or loan is being used to repay debts or liabilities belonging only to the other borrower.
Although it may be an additional step in the transaction, it is usually straightforward to deal with once the lender’s requirements are known.
Not necessarily.
You may benefit from the overall transaction while receiving no direct benefit from a particular part of the borrowing.
For example, you may both benefit from an existing joint mortgage being repaid, while additional funds are used to repay debts held only in the other borrower’s name.
Not necessarily.
In most cases, it is simply an additional precaution required because you are accepting responsibility for borrowing which is being used partly for the other borrower’s individual debts or liabilities.
Usually, the lender or conveyancing solicitor will confirm who needs to receive advice.
In many cases, only the borrower who does not owe the debts being repaid will need a separate appointment.
You should book for the number of people your lender or solicitor has told you require Independent Legal Advice.
No.
The appointment takes place between you and the independent solicitor. The other borrower should not be present during the meeting.
This category is intended primarily for personal joint mortgages, remortgages and secured loans where part of the borrowing is being used to repay one borrower’s sole debts or liabilities.
Where the borrowing relates to a company, business loan or personal guarantee, the Business Loan category will normally be more appropriate.
Where someone is providing a guarantee or security for borrowing taken out by another person or company, the Third-Party Borrowing category may be more suitable.
Debt consolidation is the most common example, but the requirement may also arise where part of a joint loan is being used to repay another personal liability belonging solely to one borrower.
Yes.
Appointments take place by secure Zoom video call, allowing you to attend from your home or workplace without travelling to a solicitor’s office.
The Zoom link is easy to use and can be opened in a web browser.
You will need a suitable device, a reliable internet connection and somewhere private from which to attend.
The appointment is scheduled for approximately 15 minutes.
More complex arrangements may require further information or additional time.
You will normally need:
- The mortgage offer or loan agreement
- The mortgage deed
- The lender’s ILA certificate, if one has been provided
- Photographic identification
- Recent proof of address
Some lenders provide their own Independent Legal Advice certificate.
Others require the solicitor to provide a letter on headed paper confirming that the advice has been given.
Please upload whatever instructions or correspondence you have received so that the correct form of confirmation can be established.
We regularly arrange appointments for urgent and time-sensitive transactions and often have availability at short notice.
Completing your Client Portal tasks and uploading the relevant documents promptly will help avoid unnecessary delays.
Book Your Appointment Today
We’re here to make your Independent Legal Advice requirement as simple, fast, and affordable as possible.