Real Estate Finance
Real Estate Finance Solutions
Property Finance and Lending
We advise borrowers and lenders across the full range of real estate finance transactions — from development finance and acquisition loans to bridging facilities and portfolio refinancing. We understand the pressure of funding timelines and work to ensure security documentation is accurate, complete and doesn’t delay your drawdown.
We also provide Independent Legal Advice (ILA) — the separate, impartial advice required by lenders before certain finance transactions can proceed. This covers personal guarantees, director guarantees, joint borrower sole proprietor mortgages, legal charges, debentures, deeds of subordination, and loan agreements. ILA is a lender requirement, not a formality — and getting it right from a specialist matters.
Talk to us about finance
Whether you’re borrowing, lending, guaranteeing a loan or supporting a family member’s mortgage, we’ll make sure the legal side doesn’t become the bottleneck. Get in touch today.
ILA AREAS WE COVER:
Personal Guarantees, Director Guarantees, Joint Borrower, Sole Proprietor Mortgages, Legal Charges & Third-Party Charges, Debentures, Deeds of Subordination, Loan Agreements, Occupier’s Consent Forms
- 0116 303 2880
- enquiries@richlegal.co.uk
Independent Legal Advice
When You Need It and Why
Many finance and property transactions require one or more parties to obtain Independent Legal Advice before the deal can proceed. ILA is the confirmation to the lender that you have been separately advised by a qualified solicitor who is acting solely in your interests — not the lender’s. Without it, the lender cannot enforce its security, and the transaction cannot complete.
We provide ILA certificates across the following situations:
- Personal guarantees — where a business owner, director or individual agrees to be personally liable for a company’s borrowing. If the business cannot repay, personal assets including your home may be at risk. We ensure you understand precisely what you are signing and the extent of your exposure before you commit
- Director guarantees — where company directors are required by a lender to guarantee a business loan or commercial mortgage, providing security beyond the company’s limited liability
- Joint borrower, sole proprietor (JBSP) mortgages — where a parent or other family member joins a mortgage as a borrower to support affordability, but is not named on the title deeds. The non-owner borrower must receive ILA so they fully understand that they share financial responsibility for the mortgage but have no ownership rights in the property — and that the lender may seek possession if payments fall into arrears
- Legal charges and third-party legal charges — where property is offered as security for a loan, including where the security provider is not the borrower
- Debentures (fixed and floating charges) — where a lender takes a charge over the assets of a business as security for borrowing
- Deeds of subordination — where a lender is asked to rank behind another lender in priority, requiring clear advice on the implications of that subordination
- Loan agreements — where a borrower requires independent advice on the terms, obligations and risks of a facility before signing
- Occupier’s consent forms — where a person occupies a property being mortgaged by someone else and must waive certain occupancy rights to allow the lender to enforce its security if required
Common Client Challenges
- Legal delays that push back facility agreements and drawdown deadlines
- Security documentation errors that create problems at completion or enforcement
- Lender conditions that are unclear or difficult to satisfy within a project programme
- Navigating complex intercreditor arrangements in multi-tranche deals
- Being asked to sign a personal guarantee without a clear understanding of personal financial exposure
- JBSP mortgage transactions stalling because ILA cannot be arranged quickly enough before exchange or completion
- Lenders declining to proceed because ILA documentation does not meet their specific requirements
How Rich Legal Helps
We work closely with your finance team and lender’s solicitors to produce clean, accurate security documentation quickly. We flag potential conditions issues early, give you a clear picture of your obligations under the facility, and ensure drawdown conditions are properly managed through the development programme.
For ILA matters, we arrange appointments promptly — by video call or in person — review all relevant lender documentation with you, explain the nature and risks of what you are being asked to sign in plain English, and issue the ILA certificate in the form required by your lender. We are familiar with the requirements of major lenders and can move at the speed your transaction demands.
What You Can Expect
- Finance in place on your project timeline
- Security documentation that protects your position
- Clear advice on lender obligations and covenants
- Smooth drawdown management through development
- ILA provided promptly, with a certificate that meets your lender’s requirements
- A clear understanding of your personal exposure before signing any guarantee
- JBSP mortgage ILA handled efficiently so it doesn’t become the reason your transaction stalls
Ready to talk?
Let’s Get Started
No obligation. No sales pitch. Just a straightforward conversation with an experienced solicitor who can tell you exactly how we’d approach your matter and what it’s likely to cost.