Cross-border private lending articles
5 min read
Canada's Criminal Interest Rate After 2025: What Cross-Border Private Lenders Must Know
Canada cut its criminal interest rate to 35% APR in 2025. Learn the commercial exemptions, the $500,000 threshold and how US lenders stay compliant.
5 min read
US Usury Laws for Canadian Private Lenders: A State-by-State Primer and the Choice-of-Law Question
There is no federal usury cap in the US. See how Florida, New York, California, Texas and Washington limit interest, and when a choice-of-law clause helps.
4 min read
Do Canadian Lenders and Brokers Need a US License? Licensing, Qualification and Referral Fees State by State
Consumer or business purpose decides most US licensing questions. A guide to the SAFE Act, California CFL and DRE rules, foreign qualification and referral fees.
4 min read
Lending in Canada as a US Private Lender: Provincial Licensing, the Interest Act and Canadian Mortgage Conventions
US private lenders entering Canada face provincial licensing, Interest Act disclosure rules and Quebec civil law. What to know before your first Canadian loan.
4 min read
Power of Sale, Judicial Sale and Foreclosure: Enforcing Private Mortgages in Canada and the United States
Ontario power of sale, BC judicial sale, Quebec hypothecary recourses and US judicial vs non-judicial foreclosure compared, with deficiency rules and timelines.
5 min read
Withholding Tax on Cross-Border Interest: The Canada–US Treaty, Portfolio Interest and Permanent Establishment Risk
When is interest paid across the Canada–US border taxed? Treaty Article XI, the portfolio interest exemption, Part XIII, thin capitalization and FIRPTA explained.
4 min read
AML, KYC and Beneficial Ownership for Cross-Border Private Lenders: FINTRAC and FinCEN in 2026
Canadian mortgage lenders are now FINTRAC reporting entities facing penalties up to $20M. See what FinCEN, OFAC and the CTA require of cross-border lenders in 2026.
5 min read
Governing Law, Forum Clauses and Enforcing Judgments Across the Canada–US Border
How to choose governing law and forum in cross-border loans, and how US and Canadian courts recognize each other's judgments under Morguard, Beals and the Uniform Act.
4 min read
When Is a Mortgage Investment a Security? Syndicated Mortgages, MICs and Private Lending Funds Across the Border
Syndicated mortgages, MICs and mortgage funds often are securities. How NI 45-106, Regulation D, Howey and Reves apply when you raise capital across the border.
5 min read
Security, Title and Collateral: Land Registries, Title Insurance, the UCC and the PPSA
Canada's land titles systems vs US recording acts, title insurance on both sides, and where to file UCC and PPSA security against a Canadian or US borrower.
4 min read
Construction and Development Lending Across the Border: Liens, Holdbacks and Priority
Construction liens can jump ahead of your mortgage. How Ontario, BC and Alberta holdbacks compare with US mechanics' lien rules in Florida, California, Texas and New York.
3 min read
Personal Guarantees Across the Border: Formalities, Spousal Guarantees, Bad-Boy Carve-Outs and Waivers
Alberta's notarial certificate, Manulife v. Conlin, Reg B spousal rules, California guarantor waivers and bad-boy carve-outs: what makes a guarantee hold up.
4 min read
Privacy and Data Law for Cross-Border Private Lenders: PIPEDA, Quebec's Law 25, Bill C-36 and US Rules
Moving borrower data across the border? What PIPEDA, Quebec's Law 25, the proposed Bill C-36, the GLBA Safeguards Rule and state privacy laws require of lenders.
4 min read
Lending in Quebec: A Civil Law Guide for US and Common Law Canadian Lenders
Quebec uses hypothecs, notarial deeds and Civil Code recourses, not mortgages and power of sale. What US and common law lenders must change to lend in Quebec.
4 min read
Insurance for Private Lenders: Mortgagee Clauses, Flood, Earthquake and Builder's Risk on Both Sides of the Border
A standard mortgage clause protects lenders when borrowers breach their policy. Insurance requirements for cross-border lenders: flood, earthquake, builder's risk and REO.
4 min read
Servicing and Administering Cross-Border Private Mortgages: Licensing, Trust Funds, Payouts and Discharges
Who may collect payments, hold investor funds and issue payout statements? Mortgage administrator licensing, trust accounting and discharge deadlines in Canada and the US.
4 min read
Who Ranks Ahead of Your First Mortgage? Deemed Trusts, Tax Liens and Super-Priority Claims
Source-deduction deemed trusts, property taxes, condo and HOA liens and federal tax liens can outrank a first mortgage. How each works and how lenders protect priority.
3 min read
Environmental Liability for Lenders: CERCLA's Secured Creditor Exemption, Redwater and Receiverships
When can a lender become liable for contamination? CERCLA's secured creditor exemption, Canada's Redwater decision, BIA protections and Phase I ESA standards explained.
4 min read
Title Fraud and Mortgage Fraud: Forged Instruments, Indefeasibility and How Lenders Protect Themselves
A mortgage obtained from a fraudster may be worthless. Lawrence v. Wright, Gill v. Bucholtz, US forged-deed rules and the controls that protect cross-border lenders.
4 min read
Lending to Non-Resident Borrowers: Underwriting, Rental Withholding, Section 116 and FIRPTA at Payout
Non-resident borrowers bring tax withholding on rents and sales that can block your payout. Section 116, FIRPTA, Part XIII and underwriting tips for cross-border lenders.
CBPLA provides general education, industry resources and professional connections. Its content is not legal, tax, investment or other professional advice. Membership does not include legal representation, licensing approval, financing or a guarantee of business opportunities. Professional services require a separate engagement with the relevant provider.