Part 6 · Borrower, Property and Specialized Financing Pathways

Chapter 35Private Mortgages

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What a private mortgage is

A private mortgage is a loan secured against real property and funded outside ordinary bank, credit-union or prime institutional lending channels.

The lender may be:

An individual investing personal capital

A private lending company

A mortgage investment corporation, or MIC

A mortgage fund

A group of investors

A corporation lending from its own balance sheet

In Ontario, the term private mortgage does not describe one standardized product. The rate, fees, term, payment structure, loan position, renewal provisions and enforcement terms can vary substantially.

FSRA describes private mortgages as short-term solutions that can carry higher rates, higher fees, shorter terms, interest-only payments and additional conditions. It identifies individual lenders, private companies and MICs as possible private-lending sources.

Classification: Ontario regulatory consumer guidance.

Source: Financial Services Regulatory Authority of Ontario.

Current status: Accessed July 23, 2026.

Material qualification: The mortgage commitment and registered charge—not the label “private”—determine the borrower’s legal obligations.

Who may arrange private mortgages in Ontario

An Ontario mortgage agent Level 2 may arrange mortgages with private individuals, MICs, syndicates and other non-institutional lenders. Mortgage brokers may also arrange these transactions. A Level 1 mortgage agent is restricted to specified institutional and approved lenders and cannot independently arrange ordinary private-lender transactions.

Where a brokerage recommends a mortgage, Ontario rules require suitability assessment and written disclosure of material risks, compensation, relationships and conflicts. Private mortgages therefore require more than obtaining a lender’s approval. The recommendation must be suitable for the borrower’s needs and circumstances.

Classification: Ontario licensing and mortgage-brokerage conduct requirements.

Regulator: FSRA.

Material qualification: The borrower should verify the brokerage and individual licence through FSRA.

The private-mortgage underwriting framework

A useful private-mortgage framework is:

Borrower × Property × Exit

The three elements are connected.

Subsection — Borrower

The lender may review:

Current income

Actual ability to make payments

Credit history

Cause of financial difficulty

Use of funds

Other liabilities

Experience with the property

Cooperation and disclosure

Ability to complete the proposed exit

Private lending may place less weight on a minimum credit score, but that does not mean the borrower is irrelevant.

Subsection — Property

The lender may consider:

Accepted value

Mortgage position

Combined LTV

Location

Property type

Condition

Legal use

Marketability

Occupancy

Existing mortgages and liens

Taxes and insurance

Cost and uncertainty of enforcement

Subsection — Exit

The exit identifies how the mortgage will be repaid at or before maturity.

Possible exits include:

Refinancing with an A lender

Refinancing with an alternative lender

Sale of the property

Sale of another property

Completion of construction

Return to employment

Completion of business or tax history

Payment from a documented settlement

Maturity of an investment

Receipt of contractually committed funds

FSRA considers a realistic exit strategy essential to private-mortgage suitability. A plan based only on future price appreciation or an unsupported hope that a bank will refinance the property is not a reliable exit.

What the underwriter is thinking

The private underwriter is asking:

Why did the institutional lender decline?

Is the problem temporary or permanent?

What does the borrower need the money for?

Can the borrower service the mortgage?

What is the accepted value—not merely the owner’s estimate?

How much debt ranks ahead of the proposed mortgage?

Is the property marketable?

What happens if the proposed exit is delayed?

How much equity remains after interest, fees and selling costs?

Does the borrower understand the maturity risk?

Is there a less expensive structure that would solve the same problem?

The strongest private files do not hide the borrower’s weakness. They explain it and show why the weakness can be corrected or managed.

First, second and third private mortgages

PositionSecurity positionTypical usePrincipal risk
Private first mortgageFirst registered mortgage, subject to claims with legal priorityFull bank payout, purchase, construction, arrears rescue or commercial bridgeReplaces the entire first mortgage and may carry substantial cost
Private second mortgageRegistered behind an existing first mortgageTemporary equity access, arrears, tax debt, tuition, business funding or debt restructuringSecond lender is paid after the first lender and prices that subordinate risk
Private third mortgageRegistered behind at least two prior secured facilitiesUnusual short-term situations with strong remaining equityVery narrow equity cushion, high enforcement uncertainty and limited lender appetite

A third mortgage should not be assessed by looking only at the requested third-mortgage amount.

The lender considers:

Combined LTV = All prior secured balances + Proposed new mortgage ÷ Accepted property value × 100

The authorized limit of a prior HELOC may also matter, even where the line is not fully drawn.

Payment structures

Subsection — Interest-only mortgage

The monthly payment covers interest but does not reduce principal.

At maturity, the original principal remains due unless some amount has been voluntarily repaid.

Subsection — Amortizing private mortgage

The payment includes principal and interest.

This may help reduce the balance but normally requires a higher monthly payment than an interest-only structure.

Subsection — Prepaid-interest mortgage

Some or all scheduled interest is deducted from the advance or reserved from the mortgage proceeds.

The borrower may have no ordinary monthly payment during the prepaid period, but:

The interest is still being paid

Net proceeds are lower

The gross mortgage may be larger

Maturity still arrives

The borrower may have less equity remaining

FSRA warns that some private structures have no regular payment while interest and fees are added or accounted for when the mortgage becomes due.

Subsection — Open and closed mortgages

An open private mortgage may permit repayment without an ordinary prepayment penalty.

A closed private mortgage may impose:

Minimum interest

Three months’ interest

Interest for the remaining term

Another contractually defined charge

The specific commitment controls.

Private-mortgage costs

Potential costs include:

Interest

Lender fee

Brokerage fee

Borrower’s legal fee

Lender’s legal fee

Appraisal

Title insurance

Administration fee

Discharge fee

Renewal fee

Extension fee

NSF or late-payment charges

Default interest

Inspection or draw fees for construction

Prepayment charge

Property-tax or insurance advances made by the lender

Ontario brokerages must disclose compensation, cost of borrowing and material risks in writing. Ordinary mortgage terms alone are not considered sufficient disclosure of all material risks.

Worked private-mortgage cost example

Assumptions

Gross private mortgage: $400,000

Term: 12 months

Interest rate: 10%

Interest prepaid for the full term

Lender fee: 2%

Brokerage fee: 1%

Combined legal and appraisal costs: $4,000

No principal is repaid during the term

No renewal, default or discharge charge is included

Figures are illustrative and do not represent a lender quotation

Variables

GM = Gross mortgage

I = Prepaid interest

LF = Lender fee

BF = Brokerage fee

C = Legal and appraisal costs

NP = Net proceeds

TC = Total stated borrowing cost

Interest

I = Gross mortgage × Annual interest rate

I = $400,000 × 10%

I = $40,000

Lender fee

LF = $400,000 × 2%

LF = $8,000

Brokerage fee

BF = $400,000 × 1%

BF = $4,000

Net proceeds

NP = Gross mortgage − Interest − Lender fee − Brokerage fee − Other costs

NP = $400,000 − $40,000 − $8,000 − $4,000 − $4,000

NP = $344,000

Total stated cost

TC = $40,000 + $8,000 + $4,000 + $4,000

TC = $56,000

Simple cost relative to usable proceeds

Simple cost ratio = Total stated cost ÷ Net proceeds × 100

Simple cost ratio = $56,000 ÷ $344,000 × 100

Simple cost ratio = 16.28%

Result

The borrower signs a $400,000 mortgage but receives approximately $344,000 of usable proceeds.

The borrower still owes the $400,000 principal at maturity.

Interpretation

The 10% contract rate does not describe the complete economics of the transaction.

The simple 16.28% ratio is not a regulated APR calculation. It is an illustration showing why borrowers must compare:

Gross mortgage

Net proceeds

Total term cost

Maturity balance

Renewal exposure

LTV, equity and property marketability

A private lender may be more property-focused than an institutional lender, but equity alone does not guarantee approval.

The lender may use the lower of:

Purchase price

Appraised value

Lender’s internal value

A discounted market value

A value reflecting incomplete construction or unusual use

A property may receive a lower acceptable LTV where it is:

Rural

Specialized

Mixed-use

Leasehold

Under construction

Poorly maintained

Difficult to insure

Dependent on an illegal use

Located in a thin resale market

A lender evaluating a power-of-sale recovery does not assume that the full appraisal value will be realized without cost or delay.

Private mortgage decision tree

Borrower cannot obtain ordinary institutional financing

Is the obstacle temporary and identifiable?

No → Consider whether sale, downsizing, formal debt advice or another non-mortgage solution is more appropriate.

Yes → Continue.

Is there sufficient verified property equity after every mortgage, fee and legal cost?

No → Private financing may not be feasible.

Yes → Continue.

Can the borrower service the proposed structure, or is a properly disclosed prepaid structure supportable?

No → Approval may worsen the problem.

Yes → Continue.

Is there a specific exit with a realistic date and contingency plan?

No → The private mortgage may be unsuitable.

Yes → Compare private first, private second, alternative lender, sale and other structures.

Exit strategies that can be tested

Proposed exitEvidence that strengthens itMain risk
A-lender refinanceCurrent income, projected ratios, credit-repair plan and lender-policy analysisThe borrower may still fail institutional policy
B-lender refinanceBank statements, business history, discharged proposal or improving creditHigher-cost alternative lending may still be unavailable
Property saleCurrent valuation, realistic listing period and net-sale calculationSale price or timing may disappoint
Construction completionBudget, permits, remaining work and takeout-lender criteriaCost overrun or failure to reach completion
Return to workEmployer confirmation, medical recovery and realistic return dateReturn may be delayed
Settlement or judgment proceedsExecuted agreement, judgment and collection evidenceFunds may be delayed or uncollectable
Sale of another assetOwnership, valuation and sale statusMarket and closing risk
Business-income seasoningOperating history, bank statements and expected tax filingsBusiness may not achieve projected income

HopeWell case studies

Hamilton tuition bridge: preserve the low-rate first mortgage

Hamilton homeowners needed urgent funds for their child’s university tuition. Their first mortgage carried a very low fixed rate and a substantial break penalty. The husband was temporarily laid off, preventing an institutional second mortgage or HELOC at that time.

A fully prepaid private second mortgage preserved the first mortgage and reduced immediate monthly-payment pressure.

The intended exit was tied to:

The first mortgage reaching renewal

The husband returning to employment

A future full refinance review

The underwriting lesson: A private second mortgage can be more suitable than refinancing an entire low-rate first mortgage when the need is temporary and the exit is linked to identifiable events.

Cambridge CRA liability and active consumer proposal

Cambridge homeowners had strong household income but faced a large CRA liability and an active consumer proposal.

Neither the income alone nor a partial payout solved the file. The proposed mortgage needed to address:

Existing first mortgage

CRA liability

Consumer proposal

A private first mortgage consolidated all three obstacles into one short-term structure.

The underwriting lesson: High income does not overcome a tax liability and active proposal when those obligations prevent institutional financing. The private mortgage must clear the barriers required for a future institutional exit.

Cambridge self-renovation on a free-and-clear property

A Cambridge homeowner was self-managing a major renovation on a free-and-clear residential property.

The equity strengthened the collateral, but institutional construction lenders remained concerned about:

Completion risk

Self-managed work

Budget

Permits

Contractor oversight

Final value

A private construction mortgage was arranged to complete the property, with an intended conventional refinance after completion.

The underwriting lesson: Free-and-clear ownership reduces leverage risk but does not remove construction risk. The private loan is justified only where completion creates a more financeable property.

Oakville power-of-sale rescue supported by a documented judgment

Oakville homeowners facing power of sale had limited immediate income and approximately 80% LTV.

The proposed exit was not based solely on equity or optimism. The husband had obtained an approximately £6 million UK court judgment and expected to realize proceeds. A copy of the judgment was provided to the lender.

The underwriting lesson: Hardship explains why default occurred, but a lender still needs a documented material change or repayment source. An exit based on a judgment must be assessed for timing and collectability.

Aurora private-to-A refinance

Self-employed Aurora borrowers had remained in private financing for almost two and a half years because their personal reported income appeared insufficient.

A new review considered:

Personal income

Dividends

Corporate financial statements

Corporate NIAT

Lender-specific corporate-income policy

An A-lender refinance became possible after eligible corporate income was correctly analyzed.

The underwriting lesson: A private mortgage should not be renewed repeatedly without re-underwriting the original institutional obstacle.

Why private mortgages fail

A private mortgage usually fails for one of two broad reasons:

The problem it was intended to solve was not actually temporary.

The exit depended on an event that was never verified or achieved.

Subsection — Repeated renewals

Renewal can add:

New lender fees

Brokerage fees

Legal costs

Capitalized interest

Extension charges

Where no principal is being reduced, the mortgage may grow while equity falls.

FSRA illustrates how repeated interest-only private renewals can consume equity through interest and added fees, eventually forcing a sale when the lender declines another renewal.

Subsection — No measurable exit

“Credit will improve” is incomplete.

A measurable plan should identify:

Current score and credit defects

Debts to be paid

Required payment history

Income documentation needed

Expected lender category

Target LTV

Review date

Subsection — Declining property value

A refinance or sale exit may fail when:

Appraisal declines

Mortgage balance increases

Selling costs consume equity

Property condition worsens

Local marketability weakens

Subsection — Worsening borrower circumstances

The borrower may experience:

Further missed payments

Job loss

New debt

Failed business

Unpaid taxes

Insurance lapse

Construction overrun

Subsection — Unrealistic refinancing assumptions

A private lender’s approval does not mean a bank will later accept:

The income

The property

The requested amortization

The credit history

The final LTV

The occupancy or use

Subsection — Exit considered too late

A refinance may require:

Completed tax filings

Credit rebuilding

Appraisal

Construction completion

Lender review

Legal discharge

Beginning this work two weeks before maturity can leave no realistic replacement option.

Common reasons files fail

No credible exit strategy

Exit based only on future appreciation

Borrower cannot service even the interest

Property value is overstated

Combined LTV leaves no enforcement cushion

Fees and prepaid interest are not included in the equity calculation

Prior mortgages or liens are missing

Property taxes or insurance are unpaid

Construction budget is incomplete

Borrower expects automatic renewal

Institutional exit criteria were never tested

Credit or income deteriorates during the term

Sale is delayed until equity is nearly exhausted

Material facts are omitted from the application

Important warning

A private-mortgage renewal is not a harmless administrative extension.

FSRA treats a negotiated private renewal as a new transaction requiring renewed suitability assessment, due diligence and disclosure. A new renewal fee, rate or term may materially change whether the mortgage remains suitable.

Pattern we see

Across HopeWell’s private-mortgage cases, the strongest exits usually involve a concrete change:

Construction becomes complete

Employment resumes

A proposal or tax debt is paid

Bank-statement history becomes available

Corporate income is properly documented

A low-rate first mortgage reaches renewal

A property or other asset is sold

The weakest exits depend on the passage of time alone.

Time does not repair a mortgage file unless something measurable changes during that time.

If You Remember Only Three Things

Private underwriting is based on the borrower, property and exit—not the credit score alone.

The contract rate is only one part of the cost; fees, prepaid interest, legal expenses and renewal risk can materially reduce equity.

A private mortgage is suitable only when it solves a defined problem and leaves a realistic route to lower-cost financing, repayment or sale.