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A mortgage can be prepaid in full or in part or collected monthly. If prepaid, interest is paid to the investors soon after the mortgage closes. If the borrower pays monthly, payment to investors is made within 10 business days of Mazoan collecting the payment from the borrower(s). This is to allow for funds to clear Mazoan’s bank account ensuring no NSF from the borrowers.
If invested in registered funds, the funds will then be sent to Trustee company holding the registered account(s) of the investor(s) and they will allocate the funds to each investor accordingly.
If invested in cash, a deposit will be made directly to your bank account.
Once Mazoan has received all the documents properly signed by the investor(s) on the mortgage, Mazoan issues lawyer instructions and provides these documents to the lawyer. The lawyer will review the documents to make sure it reflects accurately the proposed transaction and will close the mortgage by requesting funds from either the investor(s) if cash or from the trustee company holding the registered funds on behalf of the investor(s). These funds will be sent to the borrower’s lawyer and any other parties (creditors,…) listed in the use of funds being advanced.
If you have invested cash into mortgages, Mazoan will either mail you or email you (based on the selection you made on the KYC form at enrollment with Mazoan) before the end of February of the following year. So for interest income earned in 2018, you would receive the tax slip for interest income earned at the latest by end of February 2019.
For any investments that were funded from registered accounts, like RRSP or TFSA, there is no requirement to provide tax slips.
Investors are selected for mortgages based on their investment criteria, amount of funds available and how long they have been waiting to have their funds invested.
We try to have funds invested within 6 weeks of granting Mazoan access to these funds for investments. But we do not control when borrowers will need mortgages, if their files will qualify for our lending criteria and if they will accept our terms.
Mazoan issues one year term mortgage only as it gives Mazoan underwriting team and our investor(s) the opportunity to review the property and the borrower(s) financial situation after a year.
Each mortgage also comes with an exit strategy for the borrower, which is usually that they can refinance both first and second mortgages into a first mortgage at a cheaper borrowing rate. Issuing longer term on the second mortgages would deprive the opportunity for the borrower(s) to reduce their financial borrowing cost after a year.
Firstly, what does the borrower need the funds for? Common reasons include:
Secondly, why can the borrower(s) not get these funds from a traditional financial institution? Common reasons include:
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All mortgages invested through Mazoan Inc. are secured by a registered lien (mortgage) on the property with the Land Registry Office of Ontario, similar to a first mortgage. The property provides the security to the lender(s) for the loan provided. The main protection comes from the remaining equity within the property. For example, if the property is valued at $1,000,000, and there is a 1st mortgage of $650,000 and Mazoan approves a 2nd mortgage for $130,000, combined loan to value becomes 78%, therefore the remaining equity equals $220,000.
Personal Bankruptcy and Consumer Proposal deal with unsecured debt. The only way to discharge a mortgage registered on title is to pay it out from available funds, alternative financing or from the proceeds of the sale of the property. So neither Bankruptcy or Consumer Proposal dismiss a borrower from their obligations under a mortgage loan. It is also important to note that a mortgaged property cannot be sold or transferred without discharging the mortgage. That is why all real estate transactions in Ontario require the work of real estate lawyer(s).
The LTV ratio (Loan To Value) represents the share of value of a home which is borrowed via debt (from financial institutions or private lenders) against the total overall value of the home.
For example, if a house has an appraised value of $500,000 and a first mortgage against it of $200,000, the LTV for the first lender is 40% (200,000/500,000).
If the owner of that house requires additional funds via a second mortgage of $150,000, the LTV for the second mortgage would be 75%, which is total debt of $350,000 (first of $200,000 plus second of $150,000) divided by value of the house $500,000.
There are two types of defaults: a missed monthly payment or the borrower cannot repay the principal at discharge.
For a missed payment, which would be the result of an NSF, we would contact the borrower right away and require and ask for the payment to be made as soon as possible. Nowadays, e-transfer is a very convenient way for the borrower to pay right away for such incidence. Should the borrower be in a financial position preventing them to actually pay their monthly payment, we would start legal enforcement in order to recover the missed payment(s).
Regarding the principal repayment at maturity, it is important to understand first that we get in touch with the borrower(s) at least 60 days prior to maturity. This is done so that we understand the financial situation the borrower is in. This will help if they want to renew, so that we have time to underwrite the file all over again or help them find another lender to refinance their current mortgages.
Regarding mortgage payments (monthly and/or principal), a mortgage is in default if the borrower(s) does not maintain both first and second mortgages in good standing, meaning that all the monthly payments have been made and that at discharge, the principals on both are repaid in full.
Before we start legal action, we try to understand as to why the mortgages are in default. Depending on the reasons why, this dictates the options available to them which could be selling the house right away to refinancing with another lender.
In the rare circumstance where a borrower is not cooperative or simply unable to meet their obligations under the loan, it is important for the lender(s) to understand they have the same rights as the bank, and our staff and legal team is capable of selling the property as stipulated by Ontario law using power of sale to recuperate the lender's principal. It is important to understand that our business exists to facilitate loans between private individuals and that one’s inability to meet their mortgage obligation is generally a result of financial hardship. We often request patience on the part of our private lender's as we work towards a win-win solution. All the while we recognize that protecting the principal of our lenders is paramount and remains our single biggest priority.