Canadian Association of Private Lenders

Canadian Association of Private Lenders The mission of the Canadian Association of Private Lenders is to support, educate and foster a thriving private mortgage lending and investing industry.

ABOUT CANADIAN PRIVATE LENDERS ASSOCIATION
CAPL is the national industry voice for private lenders to securities regulators, mortgage regulators, government agencies, and media. We are a community of small and large firms including individuals from across the country who come together and serve the unique interests of Canada’s private lenders. Being a part of CAPL makes a statement that you are co

mmitted to your profession and the highest standards of ethical and business conduct. The purpose of the CAPL is to:

• Be the effective national voice of Canada’s private lenders and represent the interests to regulators, government, industry associations, media, and the public.

• Assist members with understanding their regulatory responsibilities through industry publications, educational opportunities and connections to compliance, regulatory, finance and legal resources.

• Provide regulatory updates to assist our members in staying ahead of regulatory change, and the tools to adapt and succeed in our regulatory environment.

• Provide best practices to support the highest standards of business conduct amongst our members across Canada.

• Increase public and industry awareness of the important role of Canada’s private lenders.

• Provide valuable membership services to our members.

• Networking and business opportunities for our members across Canada.

02/18/2026

I’m sharing a last-minute (but timely) invitation on behalf of Geraci LLP: Activate – The Private Lending Summit is happening next week in Las Vegas. Conference details are here: www.geracievents.com.

If you (or someone in your network) is looking to trade winter weather for a few days of education, strategic networking, and real deal-making conversations, this event brings together private lenders, mortgage brokers, fund managers, real estate professionals, attorneys, and technology leaders from across North America — with a strong focus on U.S. compliance, market realities, and cross-border opportunities.

The summit is led by Anthony Geraci (Founder & Vice Chairman of the American Association of Private Lenders and a leading authority in U.S. private lending law), and the programming is designed to be practical, current, and immediately useful.

Why this may be especially relevant right now:

Practical education on private lending structures and compliance
Networking with U.S. and international lenders and capital partners
Insight into cross-border real estate and financing opportunities
Legal and operational perspectives unique to the U.S. market
Partnerships that extend beyond the conference
As someone working to build a stronger Canadian presence at U.S. industry events, I’m also pleased to share a private, association-only registration option: a Geraci VIP ticket for $300 (50% off the regular rate).

Register here: Geraci VIP —https://app.swapcard.com/login/event/activate-the-private-lending-summit-1/ticket/VGlja2V0VHlwZV82Nzg0Mg==/page/UmVnaXN0cmF0aW9uRm9ybV81NDIwNg==

In BC, mortgage industry members engaging in mortgage lending as a business will need to obtain a mortgage brokerage lic...
11/16/2025

In BC, mortgage industry members engaging in mortgage lending as a business will need to obtain a mortgage brokerage license for October of next year. The BC government has adopted a regulation which pauses licensing of non-business mortgage lenders - this is intended to be adopted at a time later than October of 2026.

Stablecoins Across Jurisdictions: Regional Adoption Paths & Global StandardJoin experts from Hong Kong, Turkey, and Cana...
09/29/2025

Stablecoins Across Jurisdictions: Regional Adoption Paths & Global Standard

Join experts from Hong Kong, Turkey, and Canada for a rigorous examination of stablecoin adoption, trust, and regulatory alignment

Join experts from Hong Kong, Turkey, and Canada for a rigorous examination of stablecoin adoption, trust, and regulatory alignment.

Canadian Mortgage Professional can now exclusively reveal its Top 50 Women of Influence for 2025!I am honoured to have s...
08/07/2025

Canadian Mortgage Professional can now exclusively reveal its Top 50 Women of Influence for 2025!

I am honoured to have served as a judge for this year's report, helping to select and celebrate Canada’s leading female mortgage brokers and professionals. Reviewing so many outstanding nominations was a privilege and a true reminder of the talent and leadership women bring to our industry.

Congratulations to this year’s honourees—your achievements and impact are inspiring. Thank you to Canadian Mortgage Professional for championing women’s contributions and bringing these stories to light.

Read the full report here:

Canada's best female mortgage brokers and professionals are building lasting change through bold leadership and innovation

07/20/2025

Ontario's Bill 10 introduces significant new duties and liabilities for landlords whose properties are used in relation to certain prescribed illegal drug activities. Landlords are now prohibited from knowingly permitting their premises to be used for drug production or trafficking activities involving controlled substances, precursors, or cannabis (the specific offences are to be prescribed by regulation).

This has implications for mortgage lenders. While Bill 10 is directed at landlords, its enforcement mechanisms and the risks it creates for property owners can also affect mortgage lenders in several key ways:

1. Increased Risk of Property Forfeiture and Seizure
If a property is used in connection with illegal drug activity as defined by the Act, police have authority to seize and potentially bar entry or restrict access (in cases of non-residential property).Upon conviction, property and proceeds derived from illegal use may be subject to forfeiture to the Crown.
Although the Act provides for a “relief against forfeiture” application for interested parties (such as a mortgagee), a lender must actively apply to the court to protect its security interest if property is seized or forfeited.

2. Erosion of Property Value and Security
Seizure, closure, or association with illegal activity can significantly reduce the value of the property securing the mortgage.
Loss of rental income (during closure or enforcement) can affect the mortgagor’s ability to make mortgage payments, increasing default risk.

3. Enforcement Cost Recovery May Create Liens
The police and government agencies can recover enforcement costs from owners/landlords as a debt, which may be enforced by court action.
If sums owed are not paid, a judgment could result in a lien or encumbrance affecting the property, potentially impairing the lender’s priority.

4. Duty of “Reasonable Measures”— Lenders acquiring properties through foreclosure may themselves be considered landlords or acquire liability for prior breaches.

5. Steps for Lenders to Protect Their Interests
-Monitor Compliance: Require borrowers to comply strictly with all laws, including new statutory obligations under Bill 10, as a standard mortgage condition.
-Default Clauses: Expressly treat violations, investigations, property seizures, or governmental cost recovery actions as mortgage defaults, permitting acceleration or foreclosure.
-Due Diligence: Conduct enhanced due diligence in high-risk property markets, including reviewing leases and tenant backgrounds where possible.
-Respond to Seizures: If notified of enforcement action, act promptly to assert mortgagee rights in restoration or forfeiture proceedings.
-Title Insurance: Consideration for title insurance policies that may cover some enforcement outcomes or losses.

Recently a law suit was initiated by investors in the Greg Martel Ponzi case against Martel's bank for failing to proper...
06/23/2025

Recently a law suit was initiated by investors in the Greg Martel Ponzi case against Martel's bank for failing to properly administer anti-money laundering requirements. It is alleged that a proper administration of these requirements would have alerted the bank's team to the Ponzi fraud and thereby enabled them to prevent the fraud. This law suit raises some interesting questions about whether mortgage lenders and brokers can be held liable to third parties if they fail to undertake one or more elements of AML compliance. CAPL explores this question with AML educator, Ray Basi in a webinar, free to all, on June 26 at 10 am PST. Please join us in what should be an interesting discussion. Here is the link.

Anti-money laundering requirements and civil liability for mortgage brokers • Is a mortgage broker who does not satisfy regulatory AML requirements responsible to pay for financial losses caused to others? • What guidance is available from legislation, the Courts, and recent developments in answ...

Address

210-128 W Hastings Street
Vancouver, BC
V6B1G8

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