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What is a Caveat Loan?

Caveat loans are a specialised form of short-term finance where loans are secured by placing a caveat or legal notice on a real-estate property title, pursuant to a second/2nd mortgage.

 

These types of loans are particularly beneficial for those needing quick access to capital, often within 24 to 48 hours without the rigid approval process that can be associated with traditional banks.

 

A primary advantage of caveat loans lies in their speed and simplicity. Caveats are unmatched in comparison to banks, making them an attractive option for property owners or investors who are in time-poor situations and need to attend to critical financial deadlines.

The term "caveat" serves as a reminder and caution that there may be a prior financial or legal dealing on the title within the lands & titles office.

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Caveat lending terms & conditions are extremely different when compared to a traditional bank loan by virtue that loan terms vary anything from 3, 6, or 12 months at a time. (The option to extend is available)

 

The caveat lending advantage is that lending is super easy to approve, and it provides rapid access to equity that can be used by self-employed business owners, it can also be used as emergency funding for individuals that require a secured personal borrower ability to access equity within property freeing up funds that can be deployed into a variety of productive purposes. ​

Instead of a lender asking questions about your income or your self-employed financials & tax returns, lending is assessed predominantly on the value of the real estate or property being offered as caveat security or 2nd mortgage, rather than requesting any financials or proof of income.

Some examples may be that a borrower is waiting on funds from sources such as a will, family law settlement, separation & divorce proceeds, compensation payout, business or shares dividends, or even the sale or refinance of a residential or commercial property.

Caveat loans are approved on a No Doc Asset Lend basis and primarily based on the value of the borrower's real estate value that is being used as collateral to guarantee the loan. ​

 

Additionally, loan repayments can be capitalised to cover monthly instalments. This means that a borrower's business cash flow isn't impacted throughout the loan.​​

Acceptable securities for caveat loans include but are not limited to residential houses, flats, units, and apartments, or commercial properties such as shop fronts, industrial factories, or even rural and vacant land located in acceptable Australian states and territories across such as NSW, ACT, QLD, VIC, S.A. TAS. W.A. N.T. 

Funding should always be used with a responsible exit strategy. We recommend that borrowers obtain financial and legal advice before considering what’s best for them.

Level 29, 

Chifley Tower
​2 Chifley Square
Sydney NSW 2000

27/101 Collins Street
Melbourne VIC 3000

Levels 24 and 30,
Westpac House

91 King William Street
Adelaide SA 5000

10 Eagle Street
Brisbane QLD 4000

Level 1, Paspalis Centrepoint
48 -50 Smith Street Mall
Darwin NT 0800 

6/111 Macquarie Street
Hobart TAS 7000

28/140 St Georges Terrace

Perth WA 6000

2 Phillip Law Street
Canberra ACT 2601

Legal Disclaimer - Regulatory Compliance Statement: Caveat loans and private non-bank mortgages are available exclusively to Australian Pty Ltd companies with a valid ACN ONLY. Lending is offered to individuals or for regulated consumer credit. Commercial Lending Activities We recommend that applicants seeking private finance obtain independent financial and legal advice before deciding what is best for their circumstances. We do not offer any personal loans or credit facilities that are regulated under the National Consumer Credit Protection Act 2009 (Cth). Our services are exclusively confined to business lending or the brokering of commercial credit or finance, predominantly for business or commercial purposes. 1. Introduction Caveat Loans Australia Wide ("we", "us", "our") operates www.caveatloans.finance (the "Website") solely as a commercial and business finance broker, providing information, referral, and facilitation services exclusively for unregulated business and commercial financing Australia-wide. All "loans" or "financing" references are to facilities exempt from the National Consumer Credit Protection Act 2009 (Cth) ("NCCP Act") and National Credit Code. 2. Nature of Services and Licensing Status -We are a non-bank commercial referral service and do not hold (nor require) an Australian Financial Services Licence (AFSL) or Australian Credit Licence (ACL). -Activities do not constitute "financial services" (Corporations Act 2001 (Cth) s 766A) or "credit activities" (NCCP Act s 6). -Exempt per NCCP Act ss 6(1), 13 and NCCP Regulations reg 68 (with verified business purpose declaration). -We refer only to lenders holding ACL/AFSL or exempt under the Corporations Act (lending from own funds, no public schemes). -We provide no financial product advice, legal, tax, or other advice (ASIC RG 209 compliant). -Remuneration: We may receive commissions, brokerage, or fees from lenders/borrowers (disclosed as required). 3. Non-Consumer Credit Only Services are strictly limited to credit for business/commercial purposes (predominant use >50% per NCCP Act s 5, NCCP Regulations reg 68). We do not provide/arrange/facilitate consumer, personal, domestic, or household credit. 4. Applicant Acknowledgment and Business Purpose Declaration By accessing the Website, submitting an enquiry/application, or using Services, you declare and warrant (under penalty of perjury): -Financing is exclusively for business/commercial purposes; not personal/domestic/household. -You have conducted due diligence confirming the NCCP exemption. -You obtained independent financial/legal/tax advice before proceeding. -Application was voluntary, free from duress/pressure by us. -All info provided is true/accurate/complete; false statements may breach Criminal Code Act 1995 (Cth) s 137.1 or Corporations Act s 1041G. -You instruct us to refer to licensed/exempt lenders. -We rely on your declarations for eligibility. -Your responsibility: Verify exemption; if doubt (e.g., mixed purpose), stop and seek advice. -Failure: May reclassify as regulated credit, exposing you to NCCP penalties. -You waive NCCP protections (no responsible lending/disclosures). -Short-term exemption (NCCP Reg 51): ≤62 days, single advance/repayment, fees ≤20% establishment + ≤4% monthly (max 2), business purpose verified. -Signed declaration (NCCP Reg 68 form) required as prima facie evidence (rebuttable only if we knew otherwise). 5. Information and Website Use -General information only; not tailored advice/always seek professional and legal advice before deciding what's best for you. -No warranties on accuracy/completeness/suitability. -Use at your risk; verify independently. -Strongly recommend: Independent professional advice before decisions. 6. Privacy and Consent -We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles. -By submitting info, you irrevocably consent to disclose (for credit assessment) to credit agencies/providers/guarantors/insurers/third parties. -Withdraw consent: customercare@caveatloans.finance (does not affect prior disclosures). 7. Limitation of Liability To the maximum extent permitted by law (incl. Australian Consumer Law), we accept no liability (incl. negligence) for any loss/damage/cost/expense (direct/indirect/consequential) from: -Website/Services use/reliance. -Your decisions/applications. -Info inaccuracy/misuse. -Regulatory reclassification/claims. -Excludes death/injury/fraud (non-excludable). 8. Indemnity The Client indemnifies and holds harmless the Company, its directors, officers, employees, agents, and affiliates (the "Indemnified Parties") from and against all claims, losses, damages, liabilities, costs, and expenses (including legal fees on a full indemnity basis) arising from or in connection with: (a) any breach by the Client of the representations, warranties, or declarations in this Agreement; (b) any misuse of the Services or provision of false, misleading, or incomplete information by the Client; or (c) any reclassification of the credit facility as regulated under the National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and any resulting consequences, including regulatory penalties or enforcement actions. This indemnity survives termination of this Agreement. 9. Dispute Resolution Any dispute arising out of or in connection with this Agreement shall first be addressed through good faith negotiations. The Client may contact the Company at: -Email: customercare@caveatloans.finance -Phone: 1300 364 659 -Post: PO Box 3733, Parramatta NSW 2124 If unresolved within 30 days, the parties may escalate to mediation or, if necessary, legal proceedings. 10. Governing Law and Jurisdiction This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals therefrom. The parties confirm compliance with the Australian Consumer Law, NCCP Act, Corporations Act 2001 (Cth), ASIC Regulatory Guides 203 (debt collection) and 78 (tolerable collection practices), and Privacy Act 1988 (Cth). 11. Confirmation and Acceptance By accessing or using the Website or Services, the Client: (a)confirms that any credit application or representation made in connection with finance broker services is for a business or commercial purpose, exempt from the NCCP Act pursuant to section 6(1) thereof, and not for personal, domestic, or household purposes; (b)acknowledges receipt of independent professional financial and legal advice confirming the exemption and suitability of the credit for the intended purpose; (c)indemnifies the Company, its affiliates, and staff against all legal and financial liability arising from any misuse, dishonesty, or misleading information provided by the Client or borrower; (d)verifies understanding of the serious legal consequences (including potential criminal penalties under the Corporations Act and ACL) of providing false or misleading information in a finance application, and confirms having obtained advice on such risks; (e)acknowledges the Company's right to verify details, decline, or terminate any application, agreement, or offer at its discretion if contrary to declarations; and (f)accepts all terms, fees, and conditions herein, including that fees are payable on demand and, if unpaid, may be referred to collections for recovery in accordance with applicable laws (including RG 96). (g)The Client bears all risks and consequences of non-compliance. 12. Copyright 2025. All Rights Reserved.

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