(905) 441 0770 allen@allenehlert.com

Private Mortgages Support Divorce

by | April 21, 2025

Emily and Jason, a married couple in Vancouver, BC, decided to divorce after 12 years of marriage. They jointly owned a $1.2 million home, with a remaining first mortgage of $500,000. As part of their divorce settlement, Emily wanted to buy out Jason’s share of the home so she could continue living there with their two children.

However, Emily faced several challenges in securing financing:

  • Jason Needed His Equity Immediately: Jason was relying on the $350,000 equity from his share to purchase his own property.
  • Emily’s Income Alone Didn’t Qualify for a Bank Mortgage: She worked as a freelance consultant, and her fluctuating self-employment income made it difficult to meet traditional lenders’ debt service ratio requirements.
  • Credit Score Impact: Due to shared debts from the marriage, Emily’s credit score dropped to 590, making it difficult to qualify for a prime lender.
  • Urgent Timeline: Jason wanted the buyout completed within 30 days, but traditional lenders required more time for approval.

How a Private Mortgage Helped

Since Emily couldn’t secure traditional financing, she arranged for a private mortgage to buy out Jason’s share and keep her home.

✅ Loan Approved: A private lender provided a $900,000 mortgage (75% Loan-to-Value) based on the home’s equity, allowing Emily to pay off the first mortgage and Jason’s buyout.
✅ No Income Verification Required: The lender focused on the home’s equity rather than her self-employed income history.
✅ Fast Approval: The private mortgage was approved in 10 days, allowing Emily to meet the divorce settlement deadline.
✅ Interest-Only Payments: The loan was structured with interest-only payments at 9.5%, keeping monthly costs lower.
✅ One-Year Term: Emily was given 12 months to refinance with a B-lender or a prime lender once her financial situation stabilized.

The Exit Strategy

Since private mortgages are temporary, Emily had a clear plan to transition to a lower-cost mortgage:

  1. Rebuilding Credit: By paying down shared marital debts, her credit score improved to 670+ within 12 months.
  2. Showing Higher Income: She secured more long-term contracts in her consulting business, making her income more stable for traditional lenders.
  3. Refinancing with a B-Lender: After 12 months, she refinanced with a B-lender at 6.25%, reducing her monthly costs.
  4. Transitioning to a Prime Lender: After 2 more years, she improved her finances further and secured a prime mortgage at 4.1%.

Final Outcome

  • Without a private mortgage, Emily would have been forced to sell her home, losing stability for herself and her children.
  • With a private mortgage, she secured Jason’s buyout, kept her home, and refinanced to a better mortgage within 12 months.
  • Her property appreciated to $1.3 million, giving her more equity when she refinanced.

Key Takeaways

  • Private mortgages help individuals going through a divorce secure their home when traditional lenders won’t approve financing.
  • Lenders prioritize home equity over income or credit challenges.
  • A clear exit strategy (credit rebuilding and refinancing) is essential for transitioning to a more affordable mortgage.

Summary

Emily, facing divorce and needing to buy out her ex-husband Jason’s share of their $1.2 million Vancouver home, struggled to secure traditional financing due to her self-employed income and a low credit score. With Jason requiring his $350,000 equity share immediately, a private lender approved a $900,000 mortgage at 9.5% interest within 10 days, allowing her to retain the home while making interest-only payments. Over the next year, she improved her credit and income stability, refinancing with a B-lender at 6.25%, and later transitioned to a prime mortgage at 4.1%. This case highlights how private mortgages provide a crucial bridge for homeowners navigating divorce, enabling them to secure property ownership and transition to traditional financing.

Mortgage and Money Radio Logo
Allen Ehlert

Allen Ehlert

Allen Ehlert is a licensed mortgage agent. He has four university degrees, including two Masters degrees, and specializes in real estate finance, development, and investing. Allen Ehlert has decades of independent consulting experience for companies and governments, including the Ontario Real Estate Association, Deloitte, City of Toronto, Enbridge, and the Ministry of Finance.

What is a Second Mortgage?

What is a Second Mortgage?

A second mortgage is a loan that is secured against a property that already has an existing mortgage. It is considered "second" because it is subordinate to the first mortgage in terms of priority—meaning that if the homeowner defaults, the first mortgage lender gets...
Housing Supply

10 Factors Impacting Housing Supply

A complex interplay of various factors affects the supply of housing in Ontario. These factors can affect the availability, type, and affordability of housing in the province. Here are ten key factors impacting the supply of housing in Ontario: 1. Land Availability...
Getting a Second Mortgage

Getting a Second Mortgage

If you have a first mortgage, can you just go out and get a second mortgage? The short answer is not always. While it is possible to obtain a second mortgage if you already have a first mortgage, several factors must align for you to qualify. You cannot simply go and...
Non Conforming Apartment

Non-Conforming Apartment Income

As a mortgage agent who underwrites mortgages, I’ve come across countless applications where homeowners and investors alike want to leverage rental income from basement suites or converted spaces to boost their borrowing power. It's a smart move in theory, but the...
Affordable Housing

Ontario’s 10 Most Affordable Cities

Affordability remains a cornerstone of housing decisions, often outweighing even employment factors when individuals and families consider relocating. In Ontario, a diverse province with a wide range of urban and rural settings, certain cities stand out for their...
Toronto Traffic

10 Shortest Ontario Commute Cities

A short commute to work really improves the quality of your life. Workers don't push for remote work if they can live in a community where the commute is short and pleasant. However, if your employer is in a major city, or worse yet, Toronto, and the demand is for you...
Understanding Subordination Agreement

Understanding Subordination Agreements

A subordination agreement is a legal document that modifies the lien priority of two or more mortgages on a property. In the context of first and second position mortgages, this agreement allows a lender with a lower-ranking mortgage (such as a second mortgage or a...
Break Your Mortgage

How to Break A Mortgage

Breaking a mortgage in Ontario, Canada, before the end of its term can lead to significant penalties. It's important to understand these penalties and how they are calculated. Here are the key points to consider: Types of Penalties Interest Rate Differential (IRD)...
Lock In Your Rate

How to Lock in a Good Rate

Locking in a good mortgage rate is a key step in the home-buying process, especially in a fluctuating interest rate environment. Here are steps and strategies to help you secure a favourable rate: Understand Rate Locks Monitor Interest Rates Improve Your Credit Score...
Variable Mortgage Strategy

10 Variable Mortgage Strategies

When opting for a variable-rate mortgage, it's important to have strategies in place to manage the potential fluctuations in interest rates and to maximize the benefits of this type of mortgage. In this article, let me give you 10 effective strategies to help you...