Mortgage Refinance Lawyer
When you refinance property in Ontario, your lawyer handles the legal work to register your new mortgage and discharge the old one, ensuring the transaction closes on time and your funds are available when needed.
Zachary Soccio-Marandola is an experienced mortgage refinance lawyer in Toronto.
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What a Mortgage Refinance Lawyer Does in Ontario
Refinancing involves discharging your existing mortgage and registering a new one, often with a different lender. Here's what we handle at each stage of the closing process:
Before Closing: Reviewing Mortgage Terms and Clearing Title
Our first step is to review your new lender's mortgage instructions to understand the terms, conditions, interest rate, and any requirements they need satisfied before funding. We confirm what documents need to be prepared and what the lender requires for registration.
We then search title to confirm there are no new liens, judgments, or encumbrances registered against your property since your original purchase that could interfere with the refinance. We also contact your existing lender to obtain a discharge statement showing the exact payoff amount and arrange for your current mortgage to be discharged on closing.
If you're switching lenders, we coordinate between both — confirming your old lender will release their charge and your new lender will advance funds on time. If you're adding a second mortgage or dealing with private financing, we explain how the registration affects your property and what it means for your obligations.
We prepare all required documents for registration — the new mortgage, transfer of charge (if applicable), discharge of the existing mortgage, and any affidavits or declarations your lender requires. We arrange your signing appointment (in-office or virtual) and walk you through every document before you sign.
Closing Day: Completing Your Mortgage Refinance
On closing day, we receive funds from your new lender, pay off your existing mortgage in full, register the discharge of your old mortgage and the registration of your new mortgage, and transfer any remaining funds to you (in a cash-out refinance) or hold them in trust as instructed by your lender. We provide you with copies of all registered documents and confirmation that both the discharge and new mortgage are properly recorded.
After Closing: Title Confirmation and Final Steps
After closing, we confirm your new mortgage is properly registered, the discharge of your old mortgage is filed with the Land Registry Office, and title reflects the correct encumbrances. If any post-closing issues arise — registration errors or missing documents — we handle them.
Major bank mortgages (BMO, CIBC, Scotiabank, RBC, TD, National Bank), small institutional lenders (credit unions, B lenders), private mortgages, bridge financing, second mortgages, construction financing, and reverse mortgages.
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Mortgage Refinance Closing Costs in Ontario
When you refinance in Ontario, your closing costs are either paid upfront or deducted from your refinance proceeds. Here's what you'll typically pay:
Legal Fees
Your legal fee covers our representation throughout the refinance — reviewing mortgage instructions, title search, discharge coordination, document preparation, and registration of both the discharge and new mortgage. We include all office disbursements in our price: title searches, execution searches, software costs, and administration fees.
Refinances involving multiple mortgages, private lenders, title transfers or construction financing may involve additional work.
Title Insurance
Most lenders require title insurance on refinance transactions. Title insurance protects against title defects, fraud, and other issues. The cost is based on the value of the mortgage and would be put in place to protect the lender's interests.
Registration Fees
The government charges $85 per document registered on title (as of 2026). A typical refinance involves two registrations: discharge of the old mortgage ($85) and registration of the new mortgage ($85), totaling $170.
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Choosing a Mortgage Refinance Lawyer in Ontario
Not all real estate lawyers operate the same way. Here's what matters when you're choosing a lawyer to handle your refinance:
Who actually works on your file?
Most real estate transactions are handled by a team — a lawyer and a clerk working together. That's normal and efficient. What matters is knowing who your lawyer is and who makes decisions when problems arise. Ask upfront: who's my lawyer, and who handles my file day-to-day? You should know who to reach when you need answers or advocacy.
We're a small team. You'll know your lawyer from the start, and you'll have direct access throughout the transaction. When issues come up, you're talking to the person who makes decisions on your file.
How do they communicate?
Responsiveness matters more than people realize. When you have questions about your closing, you shouldn't be waiting days for a callback. You need to know how the lawyer communicates — do they respond to emails same-day? Are they easy to reach by phone?
The best way to test this is before you hire them. Reach out for a quote or ask a question about the closing process. You'll see very quickly how they communicate.
Is real estate law their focus?
There are general practitioners who handle real estate deals on the side. The promise of a lower fee might be appealing, but experience shows when problems arise. Someone who closes a few deals a month operates differently than someone who closes deals every day.
We work exclusively on residential real estate law in Ontario. Purchases, sales, refinances, and title transfers — that's all we do. When issues come up, we've seen them before.
What does their pricing include?
Ask if their quote is all-inclusive or "plus disbursements." Some lawyers quote a base legal fee, then add on separate charges for title searches, status certificate reviews, document fees, and administrative costs. By the time you close, the final bill is significantly higher than the original quote.
We provide all-inclusive pricing. Our legal fee includes all office disbursements — title searches, status certificate review, execution searches, software fees, tax certificates, and administration costs. You get one number upfront, and that's what you pay.
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Next Steps: Hiring a Mortgage Refinance Lawyer
Looking to hire a lawyer for your refinance? Here's what to do:
- Get an Accurate Quote
Use our legal fee calculator to get an instant estimate of your legal fees and total closing costs based on your mortgage amount and type. The calculator provides a detailed breakdown so you can budget accurately. - Respond to the Email Quote or Call Us
Let us know you'd like to proceed. We'll need a copy of your Lender Instructions, and we'll send out our Retainer Agreement. - We Handle the Rest
Once you retain us, we take care of the legal work and keep you updated throughout the process. You'll know where things stand at every stage.
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If you have questions about your mortgage refinance closing or any other real estate legal matter, we're here to help. As real estate law specialists, our mission is to provide the clarity and direction you need to protect your property rights.
Frequently Asked Questions (FAQ)
Why do I need a lawyer to refinance in Ontario?
In Ontario, mortgage registration requires a lawyer to prepare and register the documents with the Land Registry Office. Your lender won't fund the refinance until a lawyer confirms the new mortgage is registered and the old mortgage is discharged.
How long does a mortgage refinance take in Ontario?
Most refinances close within 2 to 4 weeks from approval, depending on how quickly your lender provides instructions and how fast your existing lender processes the discharge. We coordinate timing between both lenders to avoid delays.
What's the difference between refinancing and renewing my mortgage?
Renewing means staying with your current lender at the end of your term — no lawyer is required. Refinancing means registering a new mortgage (often with a different lender or different terms), which requires a lawyer to discharge the old mortgage and register the new one.
What happens if I break my mortgage early to refinance?
If you refinance before your mortgage term ends, your existing lender typically charges a prepayment penalty — either three months' interest or an Interest Rate Differential (IRD) calculation, whichever is higher. We obtain the exact penalty amount from your lender before closing so you know the total cost.
Can I add or remove someone from title when I refinance?
Refinancing doesn't automatically change ownership. If you want to add or remove someone from title, that's a separate transaction called a title transfer, which requires additional legal work and may trigger land transfer tax. We can handle both the refinance and title transfer together.