Parking money in a savings account at 3 % while inflation chews 4 % feels like watching snow melt. That gap has many Canadians turning to investing in private mortgages—lending directly against real property, typically at 8–14 % annual returns, to borrowers the banks won’t touch. The upside is obvious; the downside is higher default and liquidity risk, so those yields only make sense when you grasp how equity cushions, legal priority and exit plans protect your principal.
This guide unpacks the entire process, from picking between a one-to-one loan and a pooled Mortgage Investment Corporation to reading an appraisal, setting conservative loan-to-value limits, and enforcing your rights if payments stop. Every example follows Canadian regulations and tax rules, so whether you’re deploying RRSP funds or corporate cash, you’ll have a clear, practical roadmap before wiring a single dollar. First, let’s pin down what makes a mortgage “private” and why demand is soaring.
1. Grasping the Basics of Private Mortgage Investing
Private lending is debt investing, full stop. You’re not buying a house; you’re advancing cash and registering a charge against it. Because the rules, players and documents differ from a bank mortgage, a quick primer keeps rookie mistakes—and costly surprises—to a minimum.
What Makes a Mortgage “Private”
A private mortgage is any loan secured by real estate that’s funded by an individual or non-bank entity. Deals are usually:
- Short term: 6–24 months
- Interest-only with monthly or prepaid coupons
- Priced higher (8–14 %) to compensate for limited credit underwriting
Approval pivots on equity, not income. If the property value offers enough cushion, the deal can close in days.
Who the Key Players Are: Borrowers, Lenders, Brokers, Administrators
- Borrower – needs fast cash or can’t meet bank ratios.
- Lender – you (or your RRSP/TFSA) supplying capital.
- Mortgage broker – sources the file and earns a broker fee, often 1 % of principal, paid from proceeds at closing.
- Administrator/servicer – collects payments, issues statements and follows up on arrears for 0.25–0.50 % per year.
Everyone is motivated: the borrower gets funding, you earn yield, the broker and servicer collect fees.
How Private Mortgages Differ From Bank Mortgages
| Feature | Bank (Institutional) | Private |
|---|---|---|
| Underwriting focus | Income & credit | Equity & exit plan |
| Typical LTV limit | ≤80 % (1st) | ≤75 % (1st), ≤85 % combined (2nd) |
| Turn-around time | 2–6 weeks | 2–10 days |
| Rate range | 5–7 % | 8–14 % |
| Documentation | Full T4s, NOAs, stress test | Appraisal, title search |
| Charge priority | Mostly 1st | Often 2nd |
Speed and flexibility come at a price, but legal priority and conservative LTVs keep risk in check.
2. Balancing Potential Yields Against Core Risks
High coupons are the magnet, but the real question most newcomers ask is, “Is private lending a good idea?” The answer hinges on whether the extra reward sufficiently compensates for default, liquidity and market hazards. This section puts the numbers and the dangers side-by-side so you can decide if the trade-off fits your tolerance and time horizon.
Typical Returns & How They Are Generated
Private mortgage revenue comes from three sources: contractual interest, an upfront lender fee and, occasionally, default interest. On a $100,000 one-year loan at 10 % with a 2 % lender fee the maths looks like this:
Interest (10%) = $10,000
Lender fee (2%) = $2,000
Gross yield = $12,000 ➔ 12%
Less admin (0.5%) = $500
Net yield ≈ 11.5%
Direct deals often land in the 10–14 % net range. Pooled vehicles such as MICs, after management fees, typically distribute 8–10 %. Either way, yields beat GICs and most bond ETFs, explaining the strategy’s growing popularity in Canada.
Principal Risks: Default, Liquidity, Market & Legislative Changes
- Default: Borrower stops paying; power-of-sale in Ontario can stretch 6–12 months.
- Liquidity: Your cash is locked until discharge—early exits are rare.
- Market: A 10 % drop in house prices can push a 75 % LTV loan above safety thresholds.
- Legislative/Rate shocks: New FSRA rules or rising prime rates may crimp refinance exits and spike arrears.
Mitigation Strategies Every Investor Should Employ
- Cap LTV at ≤75 % on first charges and ≤85 % combined on seconds.
- Demand independent AACI appraisals, title insurance and property tax confirmations.
- Diversify across regions, asset classes and maturity dates.
- Budget legal reserves for enforcement; engage counsel before trouble starts.
- Stress-test each deal’s exit plan under ±2 % rate moves and a 10 % value decline.
Applied consistently, these safeguards tilt the balance so the elevated yields justify the calculated risks of investing in private mortgages.
3. Selecting the Right Investment Structure for You
Before wiring funds, decide how hands-on you want to be and how much concentration risk you can stomach. Canadians investing in private mortgages usually pick one of four structures; each balances control, diversification and paperwork differently.
Direct (One-to-One) Private Lending
You finance the entire loan yourself.
- Pros – full say on rate and terms, 100 % of the lender fee, double-digit yields.
- Cons – all your eggs in one basket, you must vet the deal and chase arrears.
Best for seasoned investors comfortable running two to five files at a time.
Mortgage Investment Corporations (MICs) & Mortgage Funds
A MIC pools cash from hundreds of investors and spreads it across dozens of mortgages under Section 130.1 of the Income Tax Act.
- Pros – instant diversification, professional underwriting, eligible for RRSP/TFSA roll-ins, quarterly redemptions.
- Cons – management fees shave 1–2 %, you have no say over individual loans.
Syndicated Mortgages & Peer-to-Peer Platforms
Here multiple lenders share a single mortgage, each taking a registered slice. Minimum tickets are often $25,000.
- Pros – bigger deals, shared risk, online dashboards for tracking.
- Cons – extra legal layers, FSRA suitability rules, platform fees can cut yield.
Registered Plans: Using RRSPs, TFSAs & Other Tax Shelters
Private mortgages can sit inside registered plans if an arm’s-length borrower and a qualified trustee are used. Interest accrues tax-free (TFSA) or tax-deferred (RRSP). Watch liquidity: a frozen loan may jeopardise required withdrawals or contribution room.
4. Performing Due Diligence on a Deal
Before you wire a cent, you must prove to yourself that the real estate, the borrower and the paperwork all stack up. Skipping any leg of this three-legged stool is the fastest way to turn an 11 % coupon into a headache. The checklist below is the minimum viable process seasoned Canadians follow when investing in private mortgages.
Analysing the Property: Location, Valuation, LTV & Exit Strategy
Start with the dirt—literally. Order an AACI or CRA appraisal, never one provided by the borrower. Confirm:
- Neighbourhood liquidity (days-on-market, supply trends)
- Zoning compliance and any by-law red flags
- Accurate value; adjust if repairs are needed and verify after-repair value
Calculate LTV = Loan ÷ Current Value. Keep it ≤ 75 % for a first charge or ≤ 85 % combined on a second. Finally, pressure-test the proposed exit (refinance or sale) by assuming a 10 % price drop and a 200 bp rate increase—does the deal still clear?
Vetting the Borrower: Credit, Equity, Capacity & Character
Equity carries the file, but character repays it. Pull a full credit report even if approval isn’t score-based. Review:
- Payment history, bankruptcies, unpaid taxes
- Verified income or cash-flow to cover interest-only payments
- Use-of-funds statement and documented exit plan
Interview the borrower—or their broker—directly. A coherent story reduces the odds of strategic default when markets wobble.
Reviewing Legal Documentation: Commitment Letter, Priority, Insurance
Have your lawyer dissect the commitment letter. Key clauses:
- Rate, term, default interest and renewal fee
- Lender fee and who pays legal costs (should be the borrower)
- Covenants: no further encumbrances, proof of taxes and insurance
Confirm charge priority via title search; obtain postponement agreements if a HELOC lurks in first position. Bind title insurance naming you as insured lender and ensure the hazard policy lists you as loss payee. Only after these boxes are ticked do experienced investors release funds.
5. Setting Up the Legal & Financial Framework
Even a rock-solid appraisal won’t save you if the deal breaches securities law or the paperwork is sloppy. Before a single dollar leaves your account, lock down compliance, assemble the right professionals and hard-wire protective clauses into the mortgage.
Regulatory Landscape in Canada & Provincial Nuances
Private lending straddles two rulebooks: mortgage legislation (e.g., Ontario’s MBLAA) and securities regulations for capital raising (NI 45-106, NI 31-103). Syndicated loans now fall under FSRA suitability rules, and Québec uses the hypothèque model rather than common-law charges. Confirm licensing status and disclosure forms for every province where you lend.
Building Your Professional Team: Broker, Lawyer, Appraiser, Administrator
Hire specialists who live and breathe private deals:
- Broker – sources files; must hold provincial licence and E&O insurance.
- Lawyer – registers charge, reviews priority; budget $1,200–$1,800, paid by borrower.
- AACI/CRA Appraiser – independent valuation.
- Administrator – collects payments for 0.25–0.50 % annually, keeping you hands-off.
Drafting the Loan Terms: Interest Rate, Term, Renewal, Security & Covenants
Typical Canadian schedule: 10 % interest, 12-month term, 2 % lender fee, 1 % broker fee—all deducted from proceeds. Insist on:
- First or properly postponed second charge
- Default rate +5 %
- Covenants requiring current taxes, insurance and no further encumbrances without consent
- Renewal option at market rate plus a fresh 1 % fee
Clear, enforceable terms keep both yield and principal intact.
6. Funding, Servicing and Monitoring the Mortgage
Legal docs are signed, but your job as an investor isn’t done. Getting the money out, collecting interest, and making sure the security stays intact are the nuts-and-bolts that turn investing in private mortgages from theory into steady cash-flow.
Closing & Funding Mechanics: Escrow, Lawyer’s Trust, Title Insurance
- Wire funds to the borrower’s lawyer trust account, never directly to the borrower.
- Lawyer registers your charge, orders title insurance naming you as insured lender, then releases funds.
- Review the statement of adjustments for your lender fee and prepaid interest; sign only after figures match the commitment.
- For construction or heavy reno deals, insist on a 10 % holdback and staged advances verified by progress inspections.
Collecting Payments & Handling Arrears
- Set up PAD or require 12 post-dated cheques; a servicer can automate this for 0.25–0.50 % per year.
- If a payment is five days late, the servicer phones; ten days late triggers a demand letter; 30 days late, a Notice of Sale starts the power-of-sale clock (90–120 days in most provinces).
- Default interest (
contract rate + 5 %) accrues from the first missed day and helps offset enforcement costs.
Monitoring the Collateral and Preparing for Exit or Renewal
- Confirm property taxes and insurance annually; request proof in writing.
- Drive-by inspections every six months catch abandoned or damaged properties early.
- At T-60, notify the borrower of maturity; negotiate renewal (new fee) or prep discharge documents.
- Log every contact and document—clean records speed recovery or resale if default enforcement becomes unavoidable.
7. Planning Your Exit & Reinvestment Strategy
Your loan ends when principal and the final coupon hit your account—ideally on schedule, sometimes after enforcement. Planning exits early smooths cash-flow and keeps yields compounding.
Common Exit Scenarios: Refinance, Sale, Payment at Maturity
Most deals wrap via refinance, sale, or borrower cash at maturity. Verify the payout statement, collect accrued interest, discharge the charge, and file a satisfaction letter—tasks the closing lawyer usually handles.
Dealing with Defaults, Power of Sale & Foreclosure
If payments stop, issue a demand, serve notice after 30 days, then list under power of sale around day 90. Reserve 5–7 % of principal for legal and carrying costs; tax or condo liens rank ahead.
Re-deploying Capital & Portfolio Diversification
Log each deal’s metrics, then redeploy funds within 45 days. Ladder maturities and diversify by region or asset class to keep capital working and risk spread.
Key Takeaways on Private Mortgage Investing
Done properly, investing in private mortgages can turn idle cash into steady double-digit income, but the premium yield only sticks when you apply bank-level discipline to a non-bank product. Keep these lessons front and centre:
- Underwrite the dirt first, the borrower second, and the paperwork always.
- Stick to conservative loan-to-value ratios and build legal reserves for the one file that goes sideways.
- Diversify across deals or let a MIC do it for you if time or capital is limited.
- Use registered plans for tax efficiency, but remember liquidity rules still apply.
- Pay professionals—lawyer, appraiser, servicer—less than it costs to learn their job the hard way.
Ready to explore live opportunities or ask a few what-ifs? Book a free, no-obligation chat with Private Lender Inc. and get tailored guidance before your next wire transfer.