If your property is being used as security for someone else's loan, such as a company or a family member's borrowing, the lender will almost always require independent legal advice. A solicitor explains the risk to your home and signs the ILA certificate the lender needs.
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A third-party legal charge is security over a property you own for a debt that belongs to someone else. If the borrower doesn’t repay, the lender can take possession of and sell your property, even though the money was not lent to you.
It is common where a director’s home secures company borrowing, or a parent’s property secures a child’s business loan.
This is exactly the situation the House of Lords addressed in Royal Bank of Scotland v Etridge (No 2) [2001]. Where a person offers security for someone else’s debt, lenders must take steps to guard against undue influence, so they require the property owner to receive independent legal advice and a solicitor’s certificate before the charge is completed.
Risk to your property
That your home could be sold if the borrower defaults.
What is secured
Whether the charge covers only this loan or all future borrowing.
Your relationship to the borrower
Making sure the decision is yours and free from pressure.
Your options
Asking for a limit on the amount secured, or declining to sign.
Completion deadline close? Same-day appointments available.
Book a free consultation
Pick a time above. It takes under a minute.
Speak to your solicitor
An SRA-regulated solicitor explains the risks in plain English, by video or in person in London.
Certificate sent to your lender
Your signed ILA certificate and documents are dispatched, usually the same day.
Yes. Most lenders accept advice given by video call, so you can usually be advised from home. If your lender insists on a face-to-face meeting, that can be arranged in London instead.
You don't need one nearby. Our SRA-regulated solicitors advise by video call wherever you are in England and Wales, often the same day, and video advice is accepted in most cases. If you need to meet face to face, appointments are available at the solicitor's office in London.
Usually, yes. Each owner who signs normally needs their own advice and certificate.
Lenders generally want the advice to come from a solicitor who is independent of the borrower and the lender, so it focuses only on your position.
Often the same day. Once your solicitor has your documents and has advised you, the signed certificate is usually sent to your lender, broker or conveyancer the same day.
Independent legal advice starts from {price} per person. Your solicitor confirms the fixed fee on your free consultation, before any work starts.
Reviewed by Saba Rehman, Solicitor
SRA-regulated · Last reviewed 9 October 2026
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