Real estate law: private lending
Private mortgage and lender representation
Private mortgages carry risks that bank mortgages do not, on both sides of the transaction. We act for private lenders and for borrowers, making sure the security is properly documented and the terms are understood before anything is signed.
Why private mortgages need closer attention
A bank mortgage uses standard documents that have been tested many times over. A private mortgage does not. The terms are negotiated, the documents are specific to the deal, and the protections depend entirely on how carefully they were drafted.
That cuts both ways. A lender needs security that can actually be enforced if something goes wrong. A borrower needs to understand what they are agreeing to, particularly the cost and what happens at the end of the term. We act for one side or the other, never both.
What we handle
Instructions and documents
Drafting or reviewing the mortgage instructions and the supporting documents that give them effect.
Title and priority review
Confirming what is already registered against the property and where this mortgage would rank against it.
Registration
Registering the mortgage in a form that can be enforced if it ever needs to be.
Discharges and postponements
Clearing title, and rearranging priority between charges where a refinance requires it.
If you are the borrower
Get legal advice before you sign, not after. A private mortgage is usually a short-term arrangement, and the important question is what happens when the term ends: whether you will be able to refinance, and what it will cost if you cannot.
We will tell you plainly what the documents say, including the parts that only matter if things do not go to plan.
Common questions
Can you act for both the lender and the borrower?
No. The interests are different, so each side needs its own lawyer. We act for one or the other.
I'm the borrower. What should I be looking at?
The cost, and what happens when the term ends. Private mortgages are usually short, so the important question is whether you will be able to refinance by then and what it will cost if you cannot. We will tell you plainly what the documents say.
I'm lending privately. What protects me?
Properly drafted instructions, a title and priority review confirming where your charge ranks against anything already registered, and registration in a form that can actually be enforced. Those are the things that matter if the loan goes wrong.
Why work with Gurpreet?
Clarity
Plain-language explanations and clear next steps.
Responsiveness
Timely updates, so you are never left guessing.
Accuracy
Careful review of documents and title issues to reduce risk.
Coordination
Working directly with your realtor and lender to keep the closing on schedule.
Meet Gurpreet
Barrister & Solicitor, Notary Public, Mahal Law Professional Corporation
Gurpreet Singh Mahal is the principal lawyer at Mahal Law Professional Corporation, serving clients across Ontario, including Brampton, the Greater Toronto Area, and Ottawa.
Read Gurpreet's full profile
Talk to Gurpreet about a private mortgage
Share a few details and we'll call you to talk it through. The first conversation is free.
- Call
- 613-306-9900
- Office hours
- Monday to Friday9:00 AM to 6:00 PMSaturday10:00 AM to 2:00 PMSundayClosed
- Visit
- 101-14 Chamberlain Ave
Ottawa, OntarioGet directions (opens Google Maps in a new tab)