PRIVATE MORTGAGE TRANSACTIONS
Your capital.
Carefully documented.
A mortgage is only as useful as the rights it gives you. We help private lenders address the title, priority and documentation behind their security.
Discuss a mortgage transactionTHE WORK BEHIND YOUR TRANSACTION
Start with the security, not just the loan amount.
Who owns the property? What is already registered? Where will your mortgage rank? We work through the legal issues within our retainer and bring matters requiring a decision to your attention before funding.
What legal work does a private mortgage involve?
Private mortgage work can include title and priority review, mortgage documents, lender conditions, payouts and registration. Rindi Law confirms whom the firm represents, checks for conflicts and quotes the work based on the transaction.
Legal support for private lenders
We assist individual and institutional private lenders with Ontario mortgage transactions. The work is scoped to the proposed financing, the property and your instructions.
- Review registered ownership and existing encumbrances.
- Consider the proposed mortgage position and relevant priority requirements.
- Prepare or review mortgage and related security documents.
- Coordinate representation, signing and closing requirements.
- Register the security and provide the agreed closing report.
First and subsequent mortgages need different attention
A first mortgage transaction may require existing charges to be discharged. A subsequent mortgage requires a clear understanding of prior registrations and any relevant requirements. Give us the proposed terms early so those issues can be addressed.
Keep the lending decision and legal review connected
A registered mortgage is not a guarantee of repayment. Property value, borrower credit, repayment capacity and your exit strategy remain central to your lending decision. We advise on the legal matters we are retained to handle so you can consider them alongside your underwriting.
Set the representation arrangements early
The borrower or another party may need a separate lawyer, independent legal advice or independent legal representation. Send the commitment and intended funding date at the outset so the roles and signing requirements can be confirmed.
Independent legal advice and representationA LITTLE CLARITY
Before you
get started.
Do the advertised residential closing fees apply?
Private mortgage work is quoted to scope. Send the commitment and transaction details so we can identify the work required.
Can you act for both lender and borrower?
Representation depends on the rules, conflicts and circumstances. We confirm whom we can act for before accepting instructions.
Can you guarantee the investment is secure?
No. Legal documentation and registration address legal rights; they do not eliminate credit, valuation, enforcement or investment risk.
YOUR NEXT STEP
Let’s review the proposed transaction.
Start with the commitment, property and funding date. We will confirm whether we can act and provide a scope based quote.