19 Oct, 2023
Is Private Lending Legal in Toronto

Private lending, also known as private mortgage lending, is a financial arrangement that often provides borrowers with an alternative source of funding when traditional banks and financial institutions may not be able to meet their needs. 

In Toronto, private lending plays a crucial role in the real estate market. However, to make an informed decision, it’s important to understand the legal implications of private lending. In this article, we will explore the legality of Private Lending in Toronto, how it works, and what you need to know about this financial option.

Is Private Lending Legal in Toronto?

Yes, Private Lending in Toronto is legal, just as it is in the rest of Canada. Private lending is regulated by provincial laws, and the regulatory framework governing private mortgages ensures that lenders and borrowers follow the necessary guidelines and protections. 

What is Private Mortgage Lending?

A Private Mortgage in Toronto typically involves an individual or a private lending company providing a loan to a borrower in exchange for the borrower’s property as collateral. These loans are known as private mortgages. Private lenders may be individuals or private lending companies. Here’s how it works:

  1. Collateral

In a private mortgage arrangement, the borrower offers real estate property, such as a house, as collateral. This means that the lender has the legal right to take ownership of the property if the borrower defaults on the loan.

  1. Terms and Conditions

Private Mortgages in Toronto come with specific terms and conditions that outline the interest rate, repayment schedule, and other contractual obligations. These terms are agreed upon by both the lender and the borrower.

  1. Funding Source

Private lenders can be individuals with excess capital looking for investment opportunities, or they can be private lending companies. The borrower typically seeks private lenders when they can’t secure financing from traditional sources like banks due to credit issues, the urgency of the loan, or the nature of the property.

  1. Legal Protections

Borrowers in Toronto are protected by provincial legislation such as the Consumer Protection Act, Administration Act (MBLAA), Mortgage Brokerages and Lenders. These laws ensure that borrowers are not exploited and that the terms of the private mortgage are fair and transparent.

What You Need to Know About Private Lending in Toronto

What You Need to Know About Private Lending in Toronto

While private mortgage lending is an excellent option for many borrowers, it’s important to consider the key factors associated with this kind of mortgage.

  1. Interest Rates

Private lenders typically impose higher interest rates compared to traditional banks. Borrowers should be aware of these higher rates and consider them when deciding to opt for private lending.

  1. Due Diligence

Borrowers must perform comprehensive due diligence when exploring private lending options. This involves researching potential lenders, checking their credentials, and verifying their reputation in the market.

  1. Legal Documentation

Like any other mortgage or financial agreement, private mortgages require legal documentation to protect both parties. For safeguarding your investment, it’s crucial to have all the terms and conditions in a written and legally binding agreement.

  1. Repayment Plans

Borrowers must establish a well-defined repayment plan when entering a private mortgage agreement. Failure to meet these repayment commitments could lead to the loss of the collateral property.

  1. Exit Strategies

It’s important to have an exit strategy in case the borrower needs to refinance or sell the property to repay the private mortgage. Discuss these possibilities with the lender beforehand.

  1. Seek Legal Advice

Before entering into a private lending agreement, it’s advisable to consult with a mortgage broker or a legal professional experienced in real estate and financial matters. They can guarantee that the conditions of the private mortgage are fair and legal.


Private lending is legal and serves as a valuable financial option for those who may not qualify for traditional bank loans or need a faster financing solution. However, it’s important to understand the terms, conditions, and legal protections associated with private lending. 

If you are considering a Private Mortgage in Toronto, make sure to reach out to a reputable mortgage broker. Our team at ORION Financial will guide you through our private mortgage solutions and ensure you get the best option for your situation.

To explore private lending options in Toronto, contact us today.

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