Service Overview
Focused legal support for private lending and borrowing transactions
Private lending involves individuals or non-institutional lenders advancing funds to borrowers, often with real estate used as security. Although these transactions can move quickly, they still require careful legal attention to the loan terms, mortgage security, repayment obligations, default provisions, and supporting documents.
Our office helps both lenders and borrowers review the proposed structure of the transaction, identify key risks, and understand what conditions must be satisfied before the mortgage can close properly.
Mortgage commitment, title review, and preparation
Private lending files often begin with the loan agreement or mortgage commitment, which should clearly address the amount being advanced, interest, repayment, security, and default consequences. Before documents are signed, both sides should understand the practical and legal effect of the deal.
Depending on the matter, the process may also involve:
- Title search
- Property appraisal
- Review of existing encumbrances
- Conditions to be satisfied before closing
Registration and disbursement
The mortgage documents are usually prepared by the lender’s lawyer and signed with independent legal representation in place for the parties where required. Once closing conditions are satisfied, the mortgage is registered on title and the funds are advanced, typically through the lawyers’ trust accounts.
After closing
Private mortgage matters can continue to require attention even after registration. Borrowers must comply with the mortgage terms, maintain insurance, and make payments as agreed. Lenders may also need to monitor the file to ensure payments are being made and the property remains in proper condition.
If the mortgage is renewed, paid out, or discharged, additional legal steps may be required. Our office helps clients navigate those later stages as well, including payout requests, discharge registration, and final documentation.