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Hard Money Lending Contract for Canada

Hard Money Lending Contract Template for Canada

This document is a comprehensive lending agreement used in Canadian jurisdictions for hard money loans, typically secured by real estate. It outlines the terms and conditions of a short-term, asset-based loan with higher interest rates than conventional financing, provided by private lenders or organizations. The agreement covers crucial elements including loan amount, interest rates (compliant with Canadian usury laws), security arrangements, payment terms, default provisions, and remedies, while ensuring compliance with federal regulations and provincial lending laws.

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Hard Money Lending Contract

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What is a Hard Money Lending Contract?

Hard Money Lending Contracts are essential instruments in private lending transactions within the Canadian market, particularly when conventional financing options are not suitable or available. This document type is specifically designed for situations requiring quick financing, often in real estate transactions, renovations, or development projects where traditional lenders may not be appropriate due to timing constraints or risk profile. The Hard Money Lending Contract includes comprehensive provisions for loan terms, security arrangements, interest rates (ensuring compliance with Canadian maximum interest rate regulations), repayment schedules, and default remedies. It's particularly relevant in situations involving property flipping, bridge financing, or construction projects, where speed of execution and flexibility in terms are prioritized over conventional lending rates.

What sections should be included in a Hard Money Lending Contract?

1. Parties: Identifies and provides full legal names and addresses of the Lender and Borrower

2. Background: Explains the context of the loan agreement and the parties' intention to enter into a hard money lending arrangement

3. Definitions: Defines key terms used throughout the agreement including but not limited to Loan Amount, Interest Rate, Security, Default, and Maturity Date

4. Loan Terms: Details of the loan amount, interest rate, term length, and payment schedule

5. Security and Collateral: Description of the property or assets being used as security for the loan

6. Interest and Fees: Comprehensive breakdown of interest calculations, additional fees, penalties, and payment terms

7. Representations and Warranties: Statements of fact and guarantees made by the Borrower regarding their legal capacity, property ownership, and financial condition

8. Covenants: Ongoing obligations of the Borrower during the loan term, including property maintenance and insurance requirements

9. Default and Remedies: Definition of events of default and the Lender's rights and remedies upon default

10. Payment Terms: Detailed payment schedule, prepayment provisions, and payment application order

What sections are optional to include in a Hard Money Lending Contract?

1. Guarantor Provisions: Required when there is a third-party guarantor for the loan, outlining their obligations and liabilities

2. Construction Draw Schedule: Needed when the loan is for construction or renovation purposes, detailing the schedule and conditions for draw disbursements

3. Property Management: Required when the security property is income-producing, setting requirements for property management and income collection

4. Environmental Indemnity: Necessary when the security property has potential environmental risks or concerns

5. Cross-Collateralization: Include when multiple properties are being used as security for the loan

6. Subordination Provisions: Required when there are other lenders involved and priority arrangements need to be established

What schedules should be included in a Hard Money Lending Contract?

1. Schedule A - Property Description: Legal description and details of the security property

2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and interest calculations

3. Schedule C - Fee Schedule: Comprehensive list of all fees, charges, and penalties applicable to the loan

4. Schedule D - Insurance Requirements: Detailed specifications for required insurance coverage on the security property

5. Schedule E - Due Diligence Documents: List of required documentation for loan approval and ongoing compliance

6. Appendix 1 - Property Appraisal: Professional appraisal report for the security property

7. Appendix 2 - Title Search Results: Current title search showing encumbrances and ownership details

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

















































Clauses









































Relevant Industries

Real Estate

Private Lending

Construction

Property Development

Financial Services

Mortgage Brokerage

Real Estate Investment

Commercial Property

Relevant Teams

Legal

Compliance

Risk Management

Real Estate

Lending Operations

Credit Analysis

Investment

Portfolio Management

Loan Administration

Business Development

Relevant Roles

Private Lender

Mortgage Broker

Real Estate Attorney

Loan Officer

Property Developer

Real Estate Investor

Risk Manager

Compliance Officer

Portfolio Manager

Credit Analyst

Chief Lending Officer

Investment Manager

Real Estate Fund Manager

Underwriter

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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