HOW WE CAN HELP

Having been involved in thousands of real estate transactions, our real estate law team has the necessary knowledge, skills, and infrastructure to represent both lenders and borrowers involved in private mortgage transactions. Our firm is focused on representing businesses and investors making us an ideal choice for those looking to invest in private mortgages as part of their investment portfolio.

REPRESENTING LENDERS

Private mortgages may offer investors an attractive form of investment that is backed by the registration of your interest on the title of the property. When investing in private mortgages, you may either invest in a Mortgage Investment Corporation, whereby you will receive shares of the Mortgage Investment Corporation, or you can invest independently with the help of a mortgage broker or brokerage. While it is your job to assess the profitability of a specific investment, it is our job as your lawyer to ensure that the investment is registered in the correct priority and your investment matches the terms and conditions set out in the commitment letter. As your lawyer, we will:

  • Draft the commitment letter based on your instructions, if necessary.
  • Conduct a title search to ensure there are no title issues that are unknown to you.
  • Obtain title insurance in your favor.
  • Require the borrower’s lawyer to act as your agent in determining the identity of the borrower(s).
  • Conduct a writ search against the borrower(s) in the Ministry of Attorney General Writs of Execution database to ensure there are no outstanding writs of execution against the borrower(s).
  • Check to ensure property tax payments have been made on time. If property taxes are in arrears, we will ensure the borrowers bring property taxes into good standing or pay the arrears from the mortgage proceeds.
  • Draft all relevant documentation that evidence the transaction.
  • Once we conduct the necessary due diligence and you are satisfied with the results, we are responsible for registering the mortgage in the priority that you expect.
  • Once the transaction is registered, we will disburse funds and report to you on your investment as necessary.
  • When the mortgage is due, we will prepare the payout statement for the borrower, receive discharge funds, and register the discharge on your behalf.

Should you require, we offer to administer and service mortgages on behalf of our investor clients. Mortgage administration and servicing include the provision of various services such as:

  • Depositing monthly post-dated cheques into your account.
  • Informing the borrower to only correspond with our office regarding the investment.
  • Corresponding with the borrower regarding missed payments, requests for renewal, and extensions.
  • Handling enforcement proceedings when the mortgage is in default.
  • Corresponding with other entities such as banks and lenders about the investment, as necessary.

If you are an investor in private mortgages or have inquiries about private mortgage investments, please contact us today for a complimentary consultation where we will be delighted to address any inquiries you might have.

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REPRESENTING THE BORROWER

Our real estate law team is highly experienced at representing borrowers in private mortgage transactions. We review documents carefully and ensure that the mortgage documents prepared by the lender’s solicitor match the content in the commitment letter signed by you. We suggest that you have us review the commitment letter prior to signing it to ensure you are aware of all fees, disbursements, and costs that the lender may charge throughout the term of the terms of the mortgage.

WHY YOU SHOULD HIRE US TO REPRESENT YOU ON A PRIVATE MORTGAGE TRANSACTION

  • Experience – We have been involved with thousands of real estate transactions. Whether you are the lender or the borrower, we know exactly how to protect your interest throughout the transaction.
  • Technologically advanced – We are a law firm that utilizes various forms of technology including software and hardware to streamline processes as to save our clients’ money and reduce the chance of errors occurring.
  • Strong Negotiating Skills – Our law firm has the negotiation skills to advocate on your behalf and get the best terms possible for your private mortgage transaction. For example, we can negotiate a private mortgage payout statement on your behalf with a lender’s solicitor to remove or reduce irrelevant or unreasonable charges, if possible.
  • Transparency Regarding Fees and Disbursement – We have a policy of being fully transparent with our legal fees and we set out our fees and disbursements in a retainer agreement prior to starting work on your matter.

If you are engaged in a private mortgage transaction, our team of real estate lawyers possesses the expertise and abilities required to safeguard your interests throughout the process. Reach out to us today for a complimentary consultation where we can address any inquiries you may have concerning private mortgage transactions.

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