Private lender exit

Refinancing a private lender

Refinancing a private lender means replacing short term private, caveat or second mortgage funding with a longer term facility from a mainstream or specialist lender before the private loan expires. Private money is priced and structured for a short window, so the exit is the product. Lenders assessing the refinance look hardest at three things: recent conduct on the private loan, whether tax and financial lodgements are current, and whether a valuation supports the debt. NIK Finance compares 130+ lenders, charges a $0 broker fee, and will tell you if the numbers do not work.

  • The exit is what lenders assess, not the story
  • Caveats and second mortgages must be released
  • Start 8 to 12 weeks before expiry, not 2
  • 130+ lenders. $0 broker fee

Why private money is priced short, and what happens when the exit slips

A private loan is not a mispriced bank loan. It is a different product solving a different problem: speed and certainty over a defined, short window, with the lender taking security over property and relying on an exit event rather than on serviceability. That is why it is priced the way it is, and it is also why the structure punishes delay so hard. A bank loan that runs a month over term is a phone call. A private loan that runs a month over term can trigger a rollover on new terms, default interest, capitalised costs and, if the lender loses confidence, enforcement. None of that is the private lender behaving badly. It is the product working exactly as written. The mistake borrowers make is treating the expiry date as a soft target.

Rollover

The lender agrees to extend, usually on repriced terms with fresh fees. Buys time. Costs money. Reads on a future credit file as an exit that did not land the first time.

Default interest

A higher rate applying from the default event, often with costs capitalised into the balance. The balance starts moving away from you, which can push the loan past what a refinancing lender will advance against the security.

Enforcement

Depending on the security, this can mean exercising power of sale under a mortgage or steps to realise the caveated interest. Once it starts, your refinancing options narrow sharply and your timeline is no longer yours.

The practical rule: begin the refinance conversation 8 to 12 weeks before expiry. Mainstream and specialist assessments, valuations, and discharge coordination all take longer than borrowers expect, and the last two weeks are the ones you cannot compress.

The exit is the product

When a lender assesses a private loan refinance, they are not really assessing the private loan. They are assessing whether the reason you took it has resolved. There are three exits that credit teams recognise, and one of them is not on the list.

ExitWhat it looks likeWhat the lender wants to seeWhere it fails
Refinance to a mainstream or specialist lenderA new term facility repays the private loan in full at settlementServiceability, current lodgements, a valuation that supports the debt, clean recent conductValuation comes in short, or lodgements are behind so income cannot be evidenced
Sale of an assetA property or business asset sells and the proceeds clear the debtAn executed contract, a realistic settlement date, and a sale price with headroom over the payout figureSale falls through or settles late, and the private loan expires in the gap
A business eventA receivable lands, a contract completes, a capital raise or an insurance or settlement payment arrivesDocumentary evidence of the event and its timing, not a verbal expectationThe event is real but the date is not, and dates are the whole game here
Refinancing private with privateA new private loan repays the old oneNothing. This is not an exitCosts compound, the balance grows, equity erodes, and each round narrows the options for the next

That last row is on the table because it is the most common thing that happens, not because it is a strategy. There are narrow cases where a second private facility is genuinely a bridge, for example where a sale contract is exchanged and settlement is a known date just past the current expiry. Outside that, a private to private refinance is usually the moment the position stops being recoverable, because the balance is now growing faster than the equity behind it. We will tell you if we think you are at that point.

What has to be true before a mainstream lender takes it

Mainstream and specialist credit teams are not squeamish about private lending in the abstract. What they are assessing is whether the private loan was a considered bridge or a symptom. The difference is almost entirely in the evidence you bring.

  1. 1

    Clean recent conduct

    Payments on the private facility made on time, and no default notice issued. Recent conduct outweighs older history in almost every credit policy.

  2. 2

    Current lodgements

    BAS and tax returns up to date. For business borrowers this is the single most common blocker, because an assessor cannot verify income from returns that do not exist yet. If the private loan funded a tax debt, paying an ATO debt out is the context the assessor will ask about.

  3. 3

    A valuation that supports the debt

    Not the valuation you have from two years ago, and not the agent's appraisal. The lender's panel valuer, on their instruction.

  4. 4

    A documented reason the private loan was taken

    In writing, from you or your accountant, dated and specific. "We settled a purchase in nine days because the vendor would not extend" is a fine reason. "Cash flow" is not a reason, it is a description.

  5. 5

    Evidence the underlying issue is resolved

    If the private loan funded a tax debt, show the ATO balance cleared. If it funded a shortfall, show the shortfall gone. Assessors are looking for the pattern to have stopped.

  6. 6

    A payout figure with a date

    Private lender payout figures are quoted to a specific date and change after it. Settlement has to be booked inside that window.

Caveats, second mortgages and the settlement day choreography

This is where these deals actually fall over, and it is almost never the credit decision. It is the mechanics. A new first mortgage cannot be registered while a competing interest sits on the title, so every caveat and every second mortgage in the chain has to be dealt with, in the right order, on the right day, with money moving between parties who do not fully trust each other.

  • A caveat has to come off. In practice that means the caveator lodges a withdrawal of caveat, usually released to the incoming party's solicitor at settlement in exchange for payment. There are other routes to removing a caveat, including lapsing notice procedures under state land title legislation, but they run on their own timetables and are not a settlement day tool.
  • A second mortgage has to be discharged, which requires the second mortgagee to produce a discharge and to be paid out. If the second mortgagee is staying in place behind a new first mortgage, you instead need a fresh deed of priority, and the incoming lender has to accept the terms of it.
  • Consents run in both directions. An existing first mortgagee may need to consent to arrangements behind it. An incoming first mortgagee will not settle without certainty that everything ahead of and behind it is resolved.
  • Everything is simultaneous. The payout is calculated to the settlement date, the withdrawal of caveat and discharge are handed over at settlement, and funds move at settlement. If one party is not ready, the whole thing moves, the payout figure changes, and on a short dated private loan a one week slip can be the difference between a refinance and a default.
  • Get the solicitors talking early. The single highest value thing you can do in week one is have your solicitor make contact with the private lender's solicitor to confirm the discharge process and who holds what. It costs almost nothing and it is where the time is saved.

If the private funding is business purpose, it may sit outside the National Credit Code, which changes the protections that apply. ASIC has taken action against arrangements it alleged were structured to avoid the Code. Understand which regime your existing loan sits under before you sign anything new.

How a credit team reads a private loan, and how to frame it

A private loan on a credit file or in a liabilities schedule is a signal, and assessors read signals. The signal is not automatically negative. It says the borrower needed speed or flexibility that a bank could not deliver. Whether that reads as competence or as distress depends almost entirely on how the file is presented, which is a large part of what a broker is actually for.

What reads as competence

A short, dated explanation. A clear commercial reason. Evidence the transaction it funded completed. On time payments. An exit that was planned from the start and is now executing.

What reads as distress

No documented reason. Multiple private facilities, or a private loan that has already been rolled. Lodgements behind. Payments late. A caveat lodged by a party unrelated to the original funding purpose.

What we do with it

Put the explanation in the submission rather than leaving the assessor to guess, sequence the application to the right lender tier first, and coordinate the payout, discharge and caveat withdrawal so settlement books inside the payout window.

Documents to have ready before the first call: the current private loan agreement, a written payout figure with its expiry date, a current title search showing every registered dealing and caveat, copies of any caveat and any second mortgage documents, evidence of the exit (contract of sale, signed agreement, ATO statement showing the debt cleared), current BAS and tax lodgement status, and the last two years of financials.

Frequently Asked Questions

Often yes, and it is the most common exit. A mainstream or specialist lender repays the private loan in full at settlement. Approval depends on serviceability, current lodgements, a valuation supporting the debt, and clean recent conduct on the private facility. No broker can guarantee an outcome.

Allow eight to twelve weeks. Credit assessment, a panel valuation, and coordinating the payout figure, mortgage discharge and caveat withdrawal all take time, and the discharge coordination is usually the slowest part. Starting two weeks before expiry is how borrowers end up rolling into default interest instead.

It is a signal rather than a mark against you. Assessors read a private facility as evidence you needed speed a bank could not provide, which can be entirely reasonable. What damages the file is a missed payment, a default notice, a facility that has already been rolled, or unexplained multiple private loans.

A caveat records a claimed interest on the title and blocks new dealings, but it is not itself a registered mortgage. A second mortgage is registered behind the first and carries its own rights, usually governed by a deed of priority. Both must be dealt with before a new first mortgage can register.

Usually no. Costs compound, the balance grows against static security, and each round narrows the options for the next. The narrow exception is a genuine bridge to a dated event, such as an exchanged contract settling shortly after expiry. Outside that, it is generally where positions become unrecoverable.

Bring the current loan agreement, a written payout figure valid to a date, a title search showing any caveat or second mortgage, and documented evidence of your exit. Without the exit evidence the file does not get assessed, because the exit is the thing the incoming lender is actually underwriting.

Your private loan has an expiry date. Start now.

The last two weeks before expiry are the ones you cannot compress. Call 1300 304 381 to map the exit, or run a free Kreddi Score across credit health, debt efficiency, asset strength, cash flow and borrowing power. No impact on your credit file.

Sources

NIK Finance Pty Ltd (ACN 685 393 917) is a Credit Representative (567387) of Finsure Finance & Insurance Pty Ltd (Australian Credit Licence 384704). This page is general information only and does not constitute financial advice. Consider your personal circumstances and speak with a licensed broker before applying for credit.