Private Lending · Ontario

Is Private Lending on Real Estate Safe in Ontario?

Private lending on real estate is safe to the degree it's structured like a real mortgage: a registered charge on title, a clear loan-to-value cushion, title insurance, and independent legal representation for both sides. The risk isn't the concept — it's lending to someone whose deal skips any one of those pieces.

Tiled shower surround, grouted, before fixtures go in

What separates a properly secured private loan from a handshake

A registered charge on title is what makes the loan a mortgage in the legal sense — it gives the lender a claim against the property itself, enforceable the same way a bank's mortgage is, not just a personal promise to repay.

The questions worth asking before funding anything

What's the loan-to-value ratio, and against what appraisal? Is the charge registered before or after funds move? Do I have my own lawyer, separate from the borrower's? A borrower or broker who's in a hurry to skip any of these is the actual risk, not the asset class.

Where the real risk sits

The main exposure in private lending is a borrower default combined with a loan-to-value ratio that leaves no real cushion if the property has to be sold to recover the loan. That's a underwriting discipline problem, not something unique to private versus bank lending.

Common Questions
Yes — independent legal representation for the lender is standard practice and protects you if anything about the deal is later disputed.
A registered charge gives the lender the same legal remedies a bank has, including power of sale, though the exact process and timeline should be confirmed with a real estate lawyer for your specific mortgage document.
Next step
Sorting Out a Parent's House
The four things that have to happen, and the order they have to happen in, written for families in Chatham-Kent.
Get the free guide
Related