Private lenders and investors
Individuals and corporations advancing funds secured against Ontario real estate. We document the agreed terms, investigate title and address the conditions that must be met before funds are advanced.
Clear advice. Carefully structured security. A coordinated closing.
Shaikh Law Firm acts for private lenders, mortgage investment corporations (MICs) and borrowers on private mortgage transactions across Ontario: from a single loan secured against a home to financing for an investment or commercial property. We review the commitment, prepare or review the documents, search title and coordinate the closing.
Head office in Mississauga, with offices in downtown Toronto and Brampton.
Individuals and corporations advancing funds secured against Ontario real estate. We document the agreed terms, investigate title and address the conditions that must be met before funds are advanced.
Transaction support tailored to your lending instructions, security requirements and closing timeline, whether you fund one mortgage a year or a regular pipeline.
Individuals and businesses arranging private financing. We review the commitment, explain the material terms and complete the legal steps to close.
Financing intended to rank in first position, subject to title review, existing interests and the lender's closing requirements.
Additional financing on a property that already has a mortgage. We review registered interests and deal with priority, consents and postponements where needed.
Short-term financing tied to a purchase, sale or refinance. We review the security, repayment plan and closing conditions.
Paying out existing financing and registering a new private mortgage, including payout statements and discharge of the existing mortgage.
Changes to an existing private mortgage. The documents required depend on the original terms and what is changing.
Homes, rental properties and commercial real estate, with the legal work matched to the property and the financing structure.
The interest rate is only one part of a private mortgage. The documents must also cover repayment, maturity, fees, default and the security behind the advance.
Discuss Your TransactionDepending on the engagement, our work may include:
Legal due diligence does not guarantee repayment or confirm the property's market value. Appraisal, underwriting and the decision to lend are separate.
If you arrange or administer mortgages for other people's money, licensing with the Financial Services Regulatory Authority of Ontario (FSRA) may apply. Ask us about your situation.
The amount registered against your property can be much higher than the money you actually receive. Look past the interest rate.
Private mortgages often carry higher costs, shorter terms and interest-only payments. Plan how you will repay at maturity, including what happens if a planned sale or refinance falls through.
We review with you:
A lender may require a borrower, guarantor, spouse or other person to get independent legal advice before signing.
We review the role you have been asked to take and the documents involved, then confirm whether you are retaining us for ILA only or for representation through the whole transaction. An ILA appointment, on its own, does not include completing the mortgage closing.
Book an ILA AppointmentMaturity is when problems tend to show up: the borrower cannot refinance, or a sale is delayed. Contact us early.
If a default, demand or notice of sale has already happened, tell us when you contact us so we can confirm the right scope.
Legal fees depend on whom we represent, the property, the mortgage position, the documents, any additional security and how urgent the closing is.
You receive a written quote for your transaction showing our legal fees plus HST, office charges and expected third-party costs. Registration fees, title insurance, searches and other outside costs are listed separately.
Send us the commitment and closing date for a quote.
Request a Transaction QuoteA mortgage on Ontario land is registered electronically, and in practice a lawyer completes that registration. A lawyer also searches title, prepares or reviews the documents and handles the funds through trust. Lenders and borrowers should each have their own lawyer.
Yes, subject to a conflict check. We confirm our client and our role before starting. Professional conduct rules restrict acting for both sides, so it is never assumed.
Yes. These need careful attention to existing registered mortgages, the proposed position and any consents or postponements.
The commitment sets out the amount, rate, term, fees and conditions. It is usually signed before the lawyers are involved. Have it reviewed before you sign, because changing terms later is harder.
Tell us your closing date at the start. Timing depends on receiving instructions, documents and funds, and on cooperation from the other parties.
No. ILA and full representation are separate engagements. We confirm the scope before you retain us.
The existing lender provides a payout statement, the old mortgage is paid from the new funds, and a discharge of mortgage is registered on title. We coordinate those steps.
We can review a repayment, renewal or refinance. If a default, demand or notice of sale has happened, tell us when you contact us.
The property address, whether you are the lender or the borrower, the loan amount, the mortgage position, the target closing date and any commitment or term sheet.
Whether you are lending or borrowing, start with the property details and the proposed terms. Tell us whom you represent, the amount and your closing date, and we will confirm the next steps.
Mississauga (head office) · Toronto · Brampton