Yes — refinancing, switching lenders, or registering a private mortgage in Ontario all require a licensed real estate lawyer to search title and register the new charge. Treadstone handles new mortgages, refinances, and private mortgages under one flat legal fee, closed online, start to finish. Tell us which one applies and we’ll open your file today.
Whether you’re taking out a first mortgage, refinancing with a new lender, or registering a private mortgage, our legal fee is the same flat rate. Our charges include HST. Disbursements — title search fees, registration fees, and title insurance where required — are extra and billed at cost, itemized and estimated in writing before any work begins.
“Mortgage lawyer” covers more than one transaction. Here’s what each looks like, and what our lawyers actually do for you.
Buying a home with financing? Your mortgage lawyer registers the new charge on closing day as part of your purchase. See our page for buying a home in Ontario for the full purchase process and pricing.
A true refinance — increasing your loan amount, switching lenders, or changing your mortgage structure — registers a brand-new mortgage against your property and discharges the old one. It’s a legal transaction, not just a paperwork update: your lawyer searches title, reviews the lender’s instructions, confirms the payout amount on your existing mortgage, and registers the new charge in the provincial land registry. For the full step-by-step process, read our article on refinancing your mortgage in Ontario, or download our free mortgage refinance document checklist.
Private mortgages — often a second charge from a private lender, family member, or mortgage investment corporation — still require registration on title, and still require a lawyer. Because the terms and risk profile differ from an institutional mortgage, some private lenders ask that the borrower obtain advice from a separate lawyer before signing, so no one’s interests are in conflict. We can act for you as borrower, or advise on the lender side — ask us which applies when you start your file.
Not every mortgage event calls for a lawyer. Here’s the difference.
If your term is ending and you’re staying with the same lender on new rate-and-term conditions, that’s a renewal. The mortgage already registered against your property generally stays in place — you sign a renewal agreement directly with your lender, and no legal registration is required. A lawyer typically isn’t part of a straightforward renewal.
If you’re increasing the amount you owe, switching to a new lender, or otherwise changing the registered mortgage, that’s a refinance — and it requires a lawyer by law. A new mortgage document is registered against your property and the old one is discharged. Book your lawyer as early as possible if your renewal date is approaching and you’re planning to switch lenders, so the timing works.
From the moment your file opens, we keep you in the loop on what we’ve done, what’s next, and what we need from you. A secure client portal with live tracking is coming soon.
Open My File Online →Yes. A refinance registers a new mortgage against your property and, in most cases, discharges the old one — both are legal acts in the provincial land registry that only a licensed lawyer (or, in limited circumstances, a licensed paralegal for specific matters) can complete.
A renewal keeps your existing mortgage registered and simply updates the rate and term with your current lender — no lawyer is typically required. A refinance registers a new mortgage (often with a new lender or a larger amount) and discharges the old one, which does require a lawyer.
A private mortgage is financing from a private lender, mortgage investment corporation, or individual rather than a bank. It still needs to be registered on title, so a lawyer is still required. Some private lenders also ask the borrower to get advice from a separate lawyer before signing.
Timing depends mainly on how quickly your existing lender issues instructions and provides a payout statement, and whether any title issues need to be resolved — your lawyer confirms the schedule in writing when your file opens.
The flat fee covers all standard legal work for your mortgage, refinance, or private mortgage — our charges include HST. Disbursements such as title search fees, registration fees, and title insurance are billed separately, at cost, and estimated in writing before any work begins.
Open your file tonight — a licensed Ontario lawyer will confirm everything with you by tomorrow.