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Information for investors
Consumers want to invest their money wisely to maximize
their returns. Many seniors especially look for ways to
extend their retirement savings.
One type of investment often considered is a private
mortgage in which a person lends money to a borrower
who pledges real estate as security for the loan. These
types of mortgage investments may be arranged through
mortgage brokers.
If you're thinking of investing some of your money in a
mortgage, it's wise to carefully review your investments
plans.
Approach with caution
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All investments carry a risk. Mortgages can be
high-risk investments. Can you afford to lose the
money you're investing?
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Inexperienced investors may not be able to fully
evaluate the risks involved in private mortgage
investments and should avoid them. Seniors who
depend on their investment income may also want
to avoid mortgage investments.
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Mortgage investments are not insured by the
Government of Ontario.
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Mortgage investments cannot be guaranteed by
the mortgage broker.
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If the borrower stops paying, the mortgage broker
cannot continue mortgage payments to you.
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Mortgage investments may be difficult to re-sell
quickly if you need the money in a hurry.
Get professional advice
Get independent advice from a lawyer and an accountant
about the merits and pitfalls of the investment.
Don't put all your eggs in one basket
Spreading your investments around is an important safety
measure. Placing all your money in one type of
investment can be very risky. Putting no more than 10
per cent of your savings in any one type of investment is
considered a lower risk approach.
Full information must be provided
Under the law, mortgage brokers are required to provide
each prospective investor with information about the
investment, in the form of an Investor Disclosure
Summary and supporting documents such as an appraisal
and an agreement of purchase and sale, at least 48
hours, not including Sundays or holidays, before any
commitment can be made. By law, the broker cannot
accept money from you until 48 hours after you have
received this information.
The information which the broker provides to you must
include:
- a description of the property or project to be mortgaged
- terms and conditions of the mortgage loan
- how the mortgage will be administered
- in case of mortgage syndications, terms of the syndications
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all prior claims on the property, such as other
mortgages, liens or taxes owing
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information on the borrower, including ability to
repay the loan
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any relationship or connection the broker has with
the borrower and the appraiser
- any interest the broker has in the property
- the broker's fees for the transaction
Appraisals
Make sure the value of the real estate is supported by an
up-to-date appraisal performed by an independent
appraiser. You may want to hire an appraiser to get
another opinion of the property's value.
Inspect the property yourself.
The Borrower
Satisfy yourself that the borrower is able to pay back the
loan. Verify the borrower information on the Investor
Disclosure Summary.
Promises of an interest rate higher than that a financial
institution would charge may indicate a very high-risk
borrower.
What fee is the borrower paying the broker to arrange the
mortgage? Fees higher than those charged by banks,
trust companies or credit unions may indicate a high-risk
borrower.
Is the mortgage in default?
If you are purchasing an existing mortgage, make sure it's
not in default (payments are not up-to-date). The
mortgage broker is required to disclose to you the status
of the mortgage before you make any investment.
Mortgage brokers are prohibited from selling or arranging
the sale of mortgages that are or have been in default
within the past 12 months. The only exception is if the
investor acknowledges in writing that the mortgage is or
has been in default.
Does a specific mortgage investment exist?
Mortgage brokers cannot accept funds from you to hold
for a future investment. They can only take funds when a
specific mortgage investment is available and after
providing full information about the investment 48 hours in
advance.
Who administers the mortgage?
Will the broker collect payments, handle problems or take
care of other administrative duties? If so, the broker is
required to provide you with a written agreement
describing the arrangement and your rights in the
mortgage. You are entitled to receive this at least 48
hours before you can make a commitment.
And when the mortgage is fully or partially paid out, you're
entitled to receive your money. The broker administering
the mortgage is required to immediately issue a cheque to
you for the full amount of the payment. The money
cannot be automatically turned over into a new
investment.
Some mortgage investments are very high risk
If you're considering investing in a mortgage to fund a
development or construction project, the repayment of
your investment may depend on the successful
completion and leasing or sale of the completed project.
These types of mortgages are considered particularly
high-risk investments.
If you're one of several investors in a mortgage
syndication and the borrower defaults, you may not be
able to take action against the borrower without the
agreement of the other investors.
Consider investment decisions carefully
Take time to carefully consider the broker's sales pitch.
Remember, it took you a long time to save your money.
Discuss the information with your lawyer and accountant,
as well as your family.
Savings investments guaranteed by deposit insurance are
offered by banks, trust companies or credit unions.
Compare these with the investment you're considering.
The Mortgage Brokers Act
Mortgages brokers are regulated by a provincial
Mortgage Brokers Act. Make sure the person you're
dealing with is registered with the provincial government as required by law.
Source: FSCO - Government of Ontario, Canada
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