Private Lending

Private Lending has become an increasingly important component of Ontario's real estate market, providing Borrowers and Investors with flexible financing solutions while creating valuable investment opportunities for Lenders. Whether funding Residential, Commercial or Construction projects, properly structured lending transactions require experienced legal counsel to protect the interests of all parties involved.

At Capital Law LLP, we provide comprehensive legal representation to Private Lenders, Semi-Institutional Lenders, Institutional Lenders, Mortgage Investment Corporations (MICs), Investment Funds, Family Offices, Commercial Entities, Mortgage Brokers and Borrowers throughout Ontario. Our lawyers assist clients with the structuring, negotiation, documentation and completion of secured lending transactions, ensuring that every transaction is properly documented, legally enforceable and tailored to our clients' commercial objectives.

Our representation extends well beyond preparing mortgage documentation. We regularly advise clients from the earliest stages of Transaction Origination, including reviewing and preparing Commitment Letters, negotiating financing terms, conducting Due Diligence, preparing Mortgage and Security Documentation, and coordinating Funding through to Registration and Closing. By understanding the commercial realities of lending transactions, we help clients minimize risk while facilitating efficient and successful funding.

Our Private Lending Services Include

We regularly advise and represent clients in connection with:

  • Private Mortgage Transactions

  • Residential Secured Lending

  • Commercial Secured Lending

  • Transaction Origination

  • Commitment Letter Review & Preparation

  • Mortgage & Security Documentation

  • Mortgage Registrations

  • Construction Financing

  • Land Acquisition Financing

  • Development Financing

  • Cross-Collateral Transactions

  • Collateral & Blanket Mortgages

  • Commercial Lending Transactions

  • Bridge Financing

  • Second Mortgage Transactions

  • Refinancing & Equity Financing

  • Priority & Intercreditor Matters

  • Security Review & Due Diligence

  • Independent Legal Advice

  • Funding & Closing Coordination

  • Amendments, Extensions & Renewals

  • Mortgage Discharges & Security Releases

Who We Represent

Our Private Lending practice regularly acts for:

  • Private Lenders

  • Semi-Institutional Lenders

  • Institutional Lenders

  • Mortgage Investment Corporations (MICs)

  • Mortgage Funds

  • Investment Funds

  • Family Offices

  • Syndicated Lenders

  • Commercial Lenders

  • Mortgage Brokers

  • Real Estate Investors

  • Builders

  • Developers

  • Commercial Entities

  • Borrowers

  • High-Net-Worth Individuals

Learn More About Our Private Lending Services

Whether you are originating a Private Mortgage, financing a Construction Project, advancing Commercial Financing or structuring a sophisticated secured lending transaction, Capital Law LLP provides comprehensive legal representation from Transaction Origination through Funding, Registration and, where necessary, Enforcement and Recovery Services.

Our Services in 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.