31 Jan, 2024
Does a Private Mortgage Have to Be Recorded in Toronto, Ontario

In the process of securing a mortgage, many individuals often turn to alternative options like Private Mortgages in Toronto. These loans are a great option for people who do not qualify for traditional bank loans. However, a common question that arises is whether a private mortgage has to be recorded. 

In this article, we will discuss the regulations of private lending, including the rules about having a public record for private mortgages.

Some basics before getting into the regulations:

What Types of Loans Can a Private Lender Offer?

Private Lenders in Toronto are not bound by the same strict regulations as traditional banks, which allows them to be more flexible in the types of loans they offer. Private mortgages, also known as hard money loans, can be used for various purposes such as:

  • Purchasing a home
  • Refinancing
  • Obtaining funds for renovations

These loans are typically secured by the property itself, giving lenders a level of security even if the borrower has a lower credit history.

How are Private Mortgage Lenders Regulated?

While private lenders enjoy a degree of flexibility, it’s crucial to note that they are not entirely free from regulation. In Toronto, private mortgage lenders are governed by the Mortgage Brokerages, Lenders, and Administrators Act, 2006 (MBLAA). This legislation ensures that private lenders adhere to certain standards and guidelines, promoting transparency and protecting the interests of borrowers.

How are Private Mortgage Lenders Regulated

What are Private Lending Regulations in Toronto?

Private Lenders in Toronto follow four important rules set by the government. 

  1. Land Titles Act and the Registry Act

In Ontario, the recording of all mortgages, including private ones, is mandated by provincial property laws. This procedure involves registering the mortgage with the Land Registry Office. By doing so, a public record of the mortgage is created. You can think of it as a big public diary that keeps track of who owns what.

When someone gets a private mortgage in Toronto, this diary needs to have a note about it. Which is like a formal announcement that says, “Hey, this person has borrowed money, and this property is what they’re using to promise they’ll pay back.”

It’s important because it makes everything clear and official. This way, everyone knows about the deal, and it helps keep things fair and safe for both the person borrowing the money and the one lending it.

  1. Mortgage Brokerages, Lenders, and Administrators Act (MBLAA)

This rule oversees not only private mortgage lenders but also other businesses related to mortgages in Ontario. It’s like a guidebook that makes sure lenders play fair and treat borrowers right.

  1. Payday Loans Act

The Payday Loans Act focuses on payday lenders, making sure they follow strict rules. Payday lenders need a license from the Ontario government. They can’t charge too much in fees and interest. 

Borrowers are limited to a $1,500 loan; the highest interest rate they can charge is 2.5% monthly. There’s also a cool-off period of two days, allowing borrowers to change their minds without any extra costs.

  1. Consumer Protection Act

The Consumer Protection Act covers various transactions, including private loans and mortgages. Its main job is to protect people from unfair practices when dealing with money matters. It’s like a safety net, making sure that consumers feel secure when making financial decisions.

How Do I Verify a Private Lender?

Before finalizing any financial agreements with a private lender, it’s crucial to ensure their legitimacy. To do this, individuals can check if the lender is licensed under the MBLAA. The Financial Services Regulatory Authority of Ontario (FSRA) is the regulatory body responsible for monitoring and granting licenses to mortgage brokerages, lenders, and administrators in the province. 

Additionally, borrowers should carefully review the terms and conditions of the loan agreement. If any aspects appear unclear or if hidden fees are a concern, it’s advisable to seek legal advice or consult with a mortgage professional.

Get Help from a Mortgage Broker

Private mortgages might be confusing if you’re not a real estate pro. That’s where mortgage brokers come in. The mortgage broker acts as an intermediary between borrowers and lenders, helping individuals find the most suitable loan options based on their financial situation and goals.

Mortgage brokers have extensive knowledge of the private lending landscape and can guide borrowers through the verification process. They can also assist in negotiating favorable terms and ensuring that the private mortgage aligns with the borrower’s financial objectives.


While Private Mortgages in Toronto offer an excellent alternative to traditional loans, they are not exempt from regulations. Private lenders must adhere to the Mortgage Brokerages, Lenders, and Administrators Act, 2006, ensuring a level of accountability and transparency. 

For those exploring private mortgages, trust ORION Financial – your reliable mortgage broker connecting you with reputable lenders. With a commitment to ethical lending practices and a focus on client satisfaction, we can help you navigate the complexities of private mortgages. 

Contact us today for more information or personalized assistance.

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