Getting Independent Legal Advice on Occupier’s Consent Forms (sometimes named as Occupiers’ Waiver Forms) may not have been something you or your occupier budgeted for and so when the need to sign a consent form unexpectedly arises it comes with cost and time implications.
Generally, occupiers’ consent or waiver forms ask occupiers to consent to a mortgage, agree that they will not interfere with the rights of the mortgage company should it seek to enforce the mortgage and take possession of the property. These consent forms will also cover the lender’s right to sell or transfer its interest in the loan whilst seeking the occupier’s consent/agreement to leave the property immediately if the loan becomes enforceable against the property.
With financial products such as Equity Release, the need for Occupier’s Waiver / Occupiers’ Consent is usually a supplementary yet mandatory part of the process for completion of the main mortgage transaction.
Sometimes owners of properties – and occupiers of property, who may be family members, friends or tenants – do experience delays in finding a local solicitor who can help with expert legal advice, on time and at reasonable costs.
Our home visit service is designed to fill this gap in expert legal advice services for certification of Occupiers’ Consent Forms. Our firm regularly and efficiently delivers advice, certification, and witnessing of Occupier’s Waiver Forms.
We do this in a timely and affordable way including making allowances for urgent face to face meetings to prevent avoidable delays to transactions. A specialist solicitor from our firm will fully explain the implication of the Occupier’s Waive Form to you.
The following are required when we visit you at home or when you attend our office:
- Proof of Identity.
- Proof of address.
- Occupiers’ Consent Form / Occupiers’ Waiver Form received from your Lender / your solicitor.
- Instructions and information about your relationship to the owner.
- Instructions and information about the basis and terms upon which you live in the property.
Other benefits of independent legal advice?
You will enjoy peace of mind when you receive quality legal advice on the document you are about to sign.
Our solicitors believe that important transactions should progress and complete without any avoidable delays and stress, so they will be doing their best to achieve this.
Your document may not be an agreement or a contract. It may be a form or a letter on which your signature is required.
Whichever form your documents take, we devote sufficient time to explain the contents and legal implications so that you can act with confidence.
What is your solicitors’ role?
When your solicitor signs under a statement that you have received independent legal advice from him or her on the contents of a document, that document becomes certificate of independent legal advice.
Giving a certificate of independent legal advice is not the same as witnessing your signature on a document. Your solicitor will also consider any information he or she has received from you.
You may be about to give consent; be a surety; provide a guarantee or waive some of your legal rights. To ensure that you know the full extent of your legal position, your solicitor may also ask you some questions about the transaction.
Your solicitor does this in other to ensure that your best interests are protected and that you know the legal effect of your signature of the form or document. Your solicitor has a legal and ethical duty to advise you and act in your best interest.
What you need is independent and impartial advice from a firm that is not involved with your main transaction. The main benefit is that a solicitor who is unconnected to any other parties to your main transaction, will focus only your best interest and how the transaction affects you.
Our solicitors start by reminding you that placing your signature on any document is a choice for you. You will then receive our legal advice and professional opinion in clear and straightforward language.
If we notice any risks in a transaction that you are not already aware of, we will bring these to your attention, and inform you of every legal option that can enable timely and successful completion of your transaction.
The process of our Independent Legal Advice service
- Contact us on 020 3742 9153 or 079 443 45 443 to request a solicitor’s home visit or office appointment.
- We will usually attend your address OR receive you in our office within 24 hours of your call.
- We will deliver advice on content of your forms and the implication of placing your signing the form during our meeting with you.
- You can help us to assist you efficiently by giving us relevant information about your transaction.
- Please have documents that verify your identity and your address ready as we must certify that we conducted our identity checks before we advised and certified our advice to you.
- If you decide to go ahead with signing the documents after receiving full legal advice, we can also witness your signature.
- We will then provide our certificate of independent advice to you and additionally to any other third party you instruct us to notify.
- Finally, we will confirm our advice to you in writing and issue our invoice for the amount of payment we received for our services to you.
Additional Services We Provide
- Oaths & Certifications
We are commissioners of oath. We have seals and stamps which will be placed on the documents under oath. We can certify any document except documents and refer you to a notary public when necessary.
- Certified True Copies
We can seal and certify true copies for the Foreign Office, Embassies, High Commissions and other documents.
- Legalisation of Documents
You can instruct us to apply on your behalf to the Foreign and Commonwealth office to Legalise Documents.
- Certifications of Identity
Many authorities and procedures require certifications of applicant’s identities. We can confirm and certify your identity. This service is a same day service.
- Witnessing Signatures
Some documents require a witness to be a Solicitor who must be present at the time of your signature. We can check your identity and witness your signature in our office or at your residence.
- Photo Identities
We can certify “a true likeness” of yourself and a photo in your international passport or driving licence or any other type licence. We can also endorse photos as a true likeness of you.
Our price for occupiers’ waiver/occupiers’ consent Independent Legal Advice is:
£150 plus VAT for one person only.
£100 plus VAT for any extra person in the same transaction.
If we are to make a home visit, we charge an extra £50 for the home visit plus mileage cost at 20 pences per mile
The fees above fee covers provision of independent legal advice in one consultation meeting.
We reserve our right to depart from fixed fees if we find complexity in a matter or in the process.
For advice at locations outside our office and within the M25 we charge the cost of return Taxi fare to and from your postcode.
If outside London we charge the cost of return train fares plus local taxi to and from your postcode.