Private Lending

Private mortgages can provide access to financing where traditional institutional lending may not be available or where additional flexibility is required. These loans are secured against real estate and may be used for purchases, refinances, bridge financing, or other investment purposes.

We assist borrowers to facilitate efficient completion of financing transactions while ensuring that legal requirements are satisfied prior to funding.

Private lenders rely on properly structured mortgage security to protect their investment. Ensuring that mortgage documentation is correctly prepared and registered is an important step in reducing risk and preserving enforcement rights.

We assist private lenders with preparing and registering mortgage security against real property. We work with lenders to help ensure their legal position is protected from the outset of the transaction.

We assist individual lenders, mortgage investors, and lending entities involved in real estate secured financing.

Construction financing involves loans secured against real property to fund the building, renovation, or development of residential or investment projects. Unlike standard mortgage transactions, construction financing often involves staged advances and additional legal considerations throughout the course of the project.

Construction financing is often more complex than traditional mortgage financing because funding must be structured to align with the timing and progression of the construction project. Loans may involve staged advances, multiple funding sources, and specific conditions that must be satisfied prior to each advance.

At Capital Law LLP, we assist borrowers with the legal structuring and arranging of construction financing.

Real Estate Developers and Investors often require financing in order to acquire land or restructure financing for a property. Land financing may be used to support acquisitions intended for development, long-term investment, or future construction projects.

At Capital Law LLP, we assist clients with arranging and structuring financing secured by land. We work with a variety of lenders to coordinate the financing required to complete land acquisition financing or restructuring.

When a borrower defaults under the terms of a mortgage, lenders may need to take legal steps to recover the amounts owed. Because mortgage loans are secured against real property, lenders may rely on their registered security in order to pursue repayment or possession of the property.

In Ontario, mortgage enforcement is commonly carried out through the Power of Sale process, which allows lenders to recover the outstanding debt through the sale of the secured property, in accordance with applicable legal requirements.

At Capital Law LLP, we assist lenders with enforcing mortgage security, including guiding lenders through the Power of Sale process and related enforcement steps.