Mortgage Commitments
Drafting and reviewing commitment letters that clearly document fees, conditions, cost of borrowing disclosure and default terms.
Practice Area
Private Lending & Mortgage Enforcement. Protecting capital at every stage of the loan.
Sophisticated counsel for private lenders and mortgage investors — from commitment and registration to enforcement, power of sale and recovery.
Overview
Private lending is a business of margins and risk. The difference between a profitable loan book and a costly one is almost always the quality of the legal work — at origination, during the term and at enforcement.
Waliani Law acts exclusively for the lender side in private mortgage transactions: individual investors, mortgage investment corporations, syndicates and alternative lenders. We paper loans to survive default, and when default comes, we enforce with speed and procedural precision.
Because we also run an active mortgage enforcement litigation practice, every commitment we draft reflects what actually happens in a courtroom when a loan goes bad.
Common Legal Issues
- A borrower has missed a payment or failed to pay out at maturity
- You are funding a private mortgage and need it documented and registered
- A subsequent encumbrancer or CRA lien threatens your priority
- You need to issue a notice of sale and take control of the property
- A borrower is disputing your payout statement or fees
- A mortgage is maturing and the borrower wants to renew
How We Help
Enforcement-Ready Documentation
Commitments, mortgages and guarantees drafted by counsel who enforce them — closing the gaps borrowers' lawyers exploit.
Priority Protection
Title, execution and PPSA searches, title insurance and subordination management to protect your position against intervening interests.
Rapid Default Response
Notices of sale issued promptly and correctly, with concurrent covenant actions where recovery demands it.
Full-Cycle Service
One firm for commitment, funding, renewal, discharge, payout statements and enforcement — with institutional-quality reporting.
What We Do
Private Lending services, end to end.
Private Mortgage Registration
Preparation and electronic registration of first, second and subsequent charges, with full title and off-title due diligence.
Renewals & Amendments
Renewal agreements, term extensions and amendments that preserve priority and enforceability.
Mortgage Enforcement
Demand letters, notices of intention to enforce and coordinated recovery strategy from first default.
Power of Sale
Statutory notices of sale under the Mortgages Act, redemption management, sale process oversight and accounting to subsequent encumbrancers.
Payout Statements
Accurate, defensible discharge and payout statements — including per-diem calculations and enforceable fee recovery.
Priority Reviews
Opinions on priority disputes involving executions, construction liens, CRA superpriorities and condominium liens.
Independent Legal Advice
Coordinating borrower and guarantor ILA so enforceability is never undermined by claims of duress or misunderstanding.
Client Experiences
Results our clients talk about.
We fund dozens of private mortgages a year and Waliani Law is the only firm we trust with enforcement. When a loan went sideways, the notice of sale was out within days and we recovered every dollar — principal, interest and costs.
D. Rossi
Private Lender, GTA
Frequently Asked Questions
Answers, in plain language.
Power of sale is the contractual and statutory right of a mortgagee to sell the property upon default without a court order. In Ontario, a notice of sale can generally be issued 15 days after default, followed by a 35-day redemption period. In a clean file, a lender can be in a position to list the property roughly two months after default — dramatically faster than foreclosure.
Recent Articles
Further reading on private lending.
Speak With a Private Lending Lawyer
The right time to get advice is now.
Deadlines, evidence and leverage all favour the party who acts first. Book a confidential consultation and know exactly where you stand.