Independent legal advice for Mortgages

At SettleHub, we provide you independent legal advice keeping you fully aware of your rights and obligations as a guarantor to a loan. In issuing Solicitor's certificates, our experts will carefully analyze your loan agreement guiding you through, to understand the nature and consequences of your guarantee. 

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When do you need Independent Legal Advice?

bank loan

When do you need Independent Legal Advice?

In obtaining a loan, a lender may insist that either you as the borrower or a third party on your behalf guarantees the repayment of the loan. Should such a request be made, the lender will insist that the guarantor obtains independent legal advice, to ensure that the guarantor is fully aware of the legal consequences of the guarantee they are providing. This step can be very important in ensuring that the loan is admissible, as a loan may be struck down where a party was “unduly influenced” to become a guarantor and did not receive independent legal advice.

If such a request is made, you must provide the lender with a Solicitor’s Certificate, attesting that you have received independent legal advice.

When could you be a guarantor to a loan?

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  1. Guaranteeing a loan taken by a family member or business associate

    • A child, a sibling or a business associate may be looking to obtain a loan, and the lender may seek additional security in the form of a guarantee.

  2. Guaranteeing a commercial loan obtained for business purposes

    • In obtaining finance for commercial purposes, the lender may seek that the Director provides a personal guarantee over the finances. This is common practice when the borrower is a corporate entity.

    • In some instances, the spouse of the director may also need to provide a guarantee, particularly where the family home or another asset owned by the couple is pledged as security for the loan.

  3. Obtaining private lending for property developments  

    • If you are a small-scale developer and are seeking to obtain short term funding from a private lender, you as an individual, will often be asked to guarantee the repayment of the loan personally.

    • This is because these types of loans can only be provided to companies and not individuals. Therefore, in order to protect their interests, lenders will often seek that you as the director of the company provide a personal guarantee.

  4. Where your property is cross collateralized in the provision of a loan

What is a Solicitor’s Certificate?

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Solicitors must first review the loan contract and the guarantee terms prior to providing legal advice. It is important that you provide these documents at your earliest convenience, as often delays in obtaining the Solicitor’s Certificate will cause the lender to delay in settling the loan.

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Once you have been provided with independent advice, our solicitors will issue you with a certificate attesting to this and that you accept the risks associated with the guarantee.

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Guaranteeing a loan can be an extremely risky endeavour. If you are considering guaranteeing a loan, contact us at SettleHub to receive expert advice that places you in the best position to make an informed decision.

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kavindu amugoda

kavindu amugoda

I’m really grateful to Keith and the whole MJ Legal team for all the help and support throughout the process. Keith was always very helpful, professional and easy to talk to. Whenever I had questions or was stressed about something, he explained everything clearly and always made me feel supported. The whole team was really good with communication and handled everything very professionally. I’m really happy with the outcome and I truly appreciate all the work they did for me. I would definitely recommend MJ Legal to anyone who needs immigration help. Thank you so much Keith and the team for everything. I really appreciate it.

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Neth Udakara

Neth Udakara

I’m so happy to have received my visa! A big thank you to MJ Legal for their support throughout the process. Special thanks to Amasha for being so helpful, and supportive every step of the way. She and team made the whole process much easier and stress-free. Really appreciate all your help and highly recommend MJ Legal!

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Janith Dissanayake

Janith Dissanayake

As an applicant, one of the most important things you need from your lawyer or migration agent is communication. You want to know what’s happening, what comes next, and that someone is actually there when you need them. Tamasha, Amasha, Keith, and the whole team at MJ were exceptional at this. From the very beginning to the end of the process, we never felt left in the dark. We always knew where things stood, what was needed from us, and what the next step was. They were honest, transparent, easy to reach, and always willing to explain things properly whenever we had a question. Our case wasn’t particularly complicated, but the way they handled everything still gave us a lot of confidence and peace of mind. We never felt like just another file, and you could tell the team genuinely cared about getting things right. If our case had been more complex, or if I ever had to go through this process again, there genuinely isn’t another firm I would want handling it. We’re incredibly grateful to the whole team at MJ, and I wouldn’t hesitate to recommend them to anyone going through the migration process.

2 weeks ago

Kasun Tharaka

Kasun Tharaka

MJ Legal has been behind me throughout my entire journey since 2019, when I first arrived in Australia as an international student. Their professional guidance and support have helped me move forward through every chapter of my Australian journey — especially during the challenging COVID-19 period, my Temporary Graduate Visa (485), my partner’s dependent visa, Employer Sponsored Visa, and finally, my Permanent Residency. A special thank you to Keith and the entire team for their continuous support, professionalism, and guidance throughout the years. I truly appreciate everything you have done for me and my family. I highly recommend Keith and the MJ Legal team to anyone looking for reliable and professional migration assistance. Keep it up, team! 👏🇦🇺

2 weeks ago

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Sarah Johnson

Excellent service from MJ Legal. They handled my visa application professionally and efficiently. Highly recommend their expertise in immigration matters.

2 weeks ago

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