- Borrowing against home equity usually tops out at 80% of your home's value, minus what you still owe.
- Breaking your existing mortgage can trigger a prepayment penalty, usually the higher of three months' interest or the interest rate differential.
- A new second charge ranks behind an earlier registered first charge unless a postponement is registered.
Refinancing means replacing or adding to the financing secured on your home, often to consolidate debt, pay for renovations or move to a different lender. Lenders do not just look at the house. They look at how much equity you have, whether your income supports the new payments, and whether the legal paperwork can be completed cleanly.
This article walks through the main requirements you are likely to meet in Ontario, from equity limits to the legal steps at the end. Every lender sets its own policies, so treat this as a map of the process and not a checklist any one lender must follow.
Equity limits: how much can you borrow?
When you borrow against your home's equity, you can usually borrow up to 80% of your home's value, minus what you still owe. The home is the security, and if you cannot repay you may lose it through foreclosure.
Here is the plain-language idea. If your home is worth a certain amount, take 80% of that figure, then subtract your current mortgage balance. What is left is roughly the most you could access. The exact limit depends on the lender and the type of product.
A second mortgage is a second loan secured on your home, and you must keep paying the first mortgage too. Second-mortgage interest rates are usually higher because they are riskier for lenders.
Credit, income and property documents
Lenders decide whether to lend by looking at your credit history, your income and the value of the property. The specific paperwork varies by lender, but you should expect requests along these lines.
- Government photo identification for every borrower.
- Proof of income, such as recent pay records, tax documents or financial statements if you are self-employed.
- Details of your debts, since a refinance is often used to pay some of them off.
- Your current mortgage statement showing the balance and the lender.
- Property tax and home insurance information.
- An appraisal or other valuation of the home, often arranged by the lender.
The appraisal matters because the equity limit is based on value. A lower valuation than you expected can reduce how much you can borrow, so it is sensible to avoid committing to renovation contracts or other purchases until the lender has confirmed the amount.
Working with a broker or private lender
Mortgage brokerages, brokers, agents and administrators in Ontario are licensed by FSRA under the Mortgage Brokerages, Lenders and Administrators Act, 2006. You can check a licence on FSRA's public listing, which FSRA says is more reliable than a printed licence, and you may not be protected if you deal with unlicensed people.
A brokerage must take reasonable steps to make sure any mortgage it presents is suitable for your needs and circumstances. It must also disclose material risks in writing, its relationship with each lender and any actual or potential conflict of interest, and get your written acknowledgement. These disclosures must be made at the earliest opportunity and no later than two business days before you sign the mortgage agreement or instrument, whichever comes first.
If a private lender is involved, note that FSRA says private mortgages are generally a short-term option, often one or two years. They are often interest-only, fees are often higher than for a traditional mortgage, and private lenders may charge fees for late payments, lapsed insurance or property upkeep. You should have an exit strategy before you sign.
Legal steps and the cost of leaving your current mortgage
On the legal side, a refinance usually involves independent legal advice, a title search and registration of a new charge. The lawyer confirms who owns the property, checks what is already registered against it, explains the new terms to you and arranges for the charge to be registered. Lenders often insist on this before releasing money.
Ranking matters. Registered instruments affecting the same interest in the same parcel rank according to the order in which they are entered in the register, so a second charge ranks behind an earlier registered first charge. A charge's priority can be changed by registering a postponement.
If you are replacing your first mortgage before its term ends, ask about the prepayment penalty. It is usually the higher of three months' interest on what you still owe or the interest rate differential. Federally regulated lenders must set out prepayment privileges and penalties in an information box at the start of the mortgage agreement.
What to do next
- Get a current payout figure and your mortgage agreement, and look at the prepayment terms.
- Estimate your equity using the 80% rule less your balance, then confirm with a real valuation.
- Compare the full cost of each option, including fees, interest rate and term, not just the monthly payment.
- Check any broker's licence on FSRA's public listing before sharing documents.
- Ask for written disclosures at least two business days before you plan to sign.
- Book time with a real estate lawyer before closing so the title and charge terms are reviewed first.
If your situation is unusual, for example you have a spouse who is not on title, a tenant, or other debts registered against the property, a lawyer can confirm what applies to you.
Frequently asked questions
How much equity do I need to refinance in Ontario?
When borrowing against home equity you can usually borrow up to 80% of your home's value, minus what you still owe. Individual lenders set their own policies, so the figure you are offered can differ.
Does refinancing mean I pay a penalty?
It can if you break your existing mortgage before the term ends. The penalty is usually the higher of three months' interest on what you still owe or the interest rate differential.
Will a second mortgage rank behind my first mortgage?
Generally yes, because a second charge ranks behind an earlier registered first charge. A charge's priority can be changed by registering a postponement.
Can I lose my home if I cannot repay a refinance?
Your home is the security for the loan, and if you cannot repay you may lose it through foreclosure. That is why it matters to understand the payments and have an exit plan before you sign.
Sources
- CanLII – Land Titles Act, R.S.O. 1990, c. L.5 — canlii.org
- Ontario.ca – Postponement of Charge form — files.ontario.ca
- Financial Consumer Agency of Canada – Borrowing against home equity — canada.ca
- FSRA – Private Mortgages — fsrao.ca
- FSRA – Licensed Mortgage Brokerages, Administrators, Mortgage Agents, and Mortgage Brokers — fsrao.ca
- CanLII – O. Reg. 188/08 (MBLAA) — canlii.org
- Financial Consumer Agency of Canada – Mortgage fees: Prepayment penalties — canada.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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