Solicitor’s Certificates for Mortgages, Loans and Guarantees in Melbourne & Geelong

If your bank, lender or finance provider has asked you to obtain a solicitor’s certificate before your transaction can proceed, Keuris Legal can help.

We provide independent legal advice to borrowers, guarantors, sureties, third-party mortgagors and indemnifiers in connection with mortgage, loan, guarantee and security documents.

Our lawyers take the time to explain the nature and legal effect of the documents, the obligations you are assuming and the risks involved. Where appropriate, we can then complete the required Australian Legal Practitioner’s Certificate or other lender documentation.

What is a Solicitor’s Certificate?

A solicitor’s certificate confirms that a legal practitioner has provided you with independent legal advice about specified documents.

Before issuing a certificate, the solicitor must review the relevant documents and explain their general nature and effect. Depending on the transaction, this may include explaining:

  • your repayment and other obligations;

  • the consequences of a default;

  • the lender’s rights under a mortgage, guarantee or security;

  • the circumstances in which the lender may seek payment from a guarantor;

  • the risk that secured property or other assets may be sold; and

  • whether your liability is limited or continuing.

A solicitor’s certificate is not simply a signature or witnessing service. The solicitor must be satisfied that the required explanations have been given, that you understand the documents and that you are signing freely and voluntarily.

How We Can Help

We can review and explain mortgage, loan and related security documents where a lender requires evidence that the borrower has received independent legal advice.

If you are guaranteeing another person’s or company’s borrowing, we can explain the extent of the proposed guarantee, what may happen if the borrower defaults and how your property and other assets could be affected.

We assist people who are providing their property or other assets as security for somebody else’s borrowing, including family members assisting a borrower to obtain finance.

A lender may require a new certificate when an existing facility is refinanced, replaced or materially varied. We can advise on the documents and provide the appropriate certificate where required.

Where required by the lender and permitted by the applicable execution requirements, we can assist with signing and witnessing the relevant mortgage, guarantee and security documents.

 

What to Expect

1. Send Us the Documents

Before your appointment, please provide us with:

  • the complete loan, mortgage, guarantee and security documents;

  • the lender’s instructions and certificate;

  • any letter or email explaining what the lender requires;

  • current identification; and

  • your finance or settlement deadline.

Please do not sign the documents before your appointment unless you have been specifically instructed to do so. The legal advice and witnessing may need to occur before the documents are signed.

2. Conflict Check and Document Review

We will conduct the necessary conflict checks, review the documents and confirm whether we can act for you. We will also confirm the scope of the work, the anticipated fee and any further information required.

3. Meet With a Solicitor

At your appointment, the solicitor will explain the documents, your obligations and the principal legal risks. If you are a guarantor or third-party security provider, the meeting may need to take place privately and without the borrower present.

You will have the opportunity to ask questions before deciding whether to proceed.

4. Signing and Certification

If the relevant requirements have been met and it is appropriate to do so, the solicitor will witness the necessary signatures and complete the applicable certificate.

Why Choose Keuris Legal?

  • Home Visits: We offer the convenience of consultations at your home in Melbourne or Geelong, respecting your comfort and privacy.
  • After-Hours Service: Understanding your busy schedule, we provide flexible appointments that fit your life.
  • Family-Operated Firm: Experience the personalised attention and care that only a family-run business can offer.
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Additional Resources

  • Moneysmart – Going guarantor on a loan
    Moneysmart confirms the practical importance of this advice: a guarantor may become liable for the whole debt and may risk property given as security if the borrower defaults