Registered mortgage vs caveat: What’s the difference for NZ business loans?

This is not a substitute for legal advice. If you are thinking about a secured loan, we always recommend getting independent advice.

If you’ve ever tried to get a secured business loan in New Zealand, you’ll know it’s not always easy to get money through the banks, no matter how loyal you are and how many accounts you have with them. Banks usually want detailed financial statements, plenty of history, and lots of time to process an application. They’re very risk-averse, which is why they are the cheapest source of business loans. But that risk averseness can be a real barrier when you need cash quickly to grab a business opportunity or manage cashflow. And if you’ve got IRD arrears, your chances of securing funding, even with plenty of equity in your home, are extremely low (see my other blog post about that here.

If you’re not afraid of putting your property up as security, this is where non-bank and second-tier finance companies come in. They’re generally faster and more flexible and there are plenty out there that are happy to lend against your house. And that’s where it’s important to understand the difference between a registered mortgage and a caveat. Both are used to secure business lending, but they work quite differently and have very different implications if something goes wrong.

what is a secured business loan?

A secured business loan is a type of finance where the borrower (you) offers an asset — usually property — as collateral. If the business can’t repay the loan, the lender can use that asset to recover the money owed.

Secured loans often come with lower interest rates and larger loan amounts, because they reduce the lender’s risk. The trade-off is that the your property is on the line if you default.

what is a registered mortgage?

A registered mortgage is the most formal type of property security. It’s registered on the property title with Land Information New Zealand (LINZ), showing that the lender has a legal interest in the property.

From the lender’s point of view, this provides strong protection. You can’t sell, refinance, or transfer ownership of the property without their consent. And if the loan isn’t repaid, the lender has the right to take possession and sell the property to recover the debt.

Because of these strong rights, registered mortgages are typically used for larger or longer-term secured business loans. They require more documentation and due diligence, but they also provide lenders with greater confidence — which can make it easier to borrow bigger amounts.

what is a caveat?

A caveat is a different kind of security notice. Instead of giving the lender full rights to your property, a caveat acts as a warning on the title that someone else (the caveator) has an interest in your property.

When a caveat is lodged, it effectively blocks the property owner from selling or further mortgaging the property until the caveat is lifted or resolved. This makes it a popular option for short-term business loans where speed is crucial and setting up a full mortgage would take too long.

However, a caveat doesn’t allow the lender to automatically sell the property if you default. To get their money back, they would need to apply to the court — a process that’s slower and less certain than enforcing a mortgage. If things are looking dicey, they may contact you about registering a mortgage before things get really bad, which is an indicator to you that you need to act quickly to get your loan repayments back on track, or refinance your loan.

registered mortgage v caveat, the main differences

WHAT HAPPENS IF YOU DEFAULT ON A SECURED BUSINESS LOAN?

If your loan is secured by a registered mortgage, the lender can move fairly quickly to enforce it. They’ll issue a demand for repayment, and if that’s not met, they can proceed with a mortgagee sale. The property is sold, the lender gets their money back, and any surplus funds go to you.

If the loan is secured by a caveat, it’s a different story. The lender can stop you from selling or refinancing the property, but they can’t simply sell it themselves. They’d need to apply to the court for a charging order or other enforcement method. This makes caveats less powerful but also less intrusive than mortgages.

WHICH OPTION IS RIGHT FOR YOUR BUSINESS?

We can’t tell you what is right for your business, and our advice if you are thinking about secured borrowing is to get advice first. But if you’re exploring property-backed business finance, the right type of security depends on your situation, and may ultimately be dictated to you by your lender:

• Registered mortgages are usually for long-term borrowing or larger loan amounts where the lender needs stronger protection.

• Caveats work well for smaller, short-term, or bridging loans where speed and flexibility are the priority.

FINAL THOUGHTS

Understanding the difference between a registered mortgage and a caveat is crucial before you agree to any secured business loan in New Zealand. Both can be effective tools for accessing funding, but they carry very different rights and obligations for you and your lender.

Before signing anything, always get independent legal and financial advice. Knowing exactly what you’re agreeing to will protect both your property and your business down the line.

And if you need a secured business loan and the bank has said no, we have a range of lenders that will be happy to look at your application. Contact us to find out more.

Open banking - scary or safe?

You might have heard the term ‘open banking’ before, but a bit murky on what it is.

You might be using it already

Believe it or not, you might have used open banking without even knowing it, for example if you use POLi for paying for something online. Maybe you use it in your business, with the bank feeds into Xero or other accounting software.

Many lenders are using open banking to speed up loan processing. When you get sent a link to click that then asks for your internet banking login and password, you’re entering the world of open banking.

Scary or safe?

For some, entering your online banking credentials to a site that’s not your bank is quite nerve-wracking. Questions come up about what data the lender will see, and where the data is going, and whether the lender you are applying for business finance with, will have ongoing access to your bank accounts.

In this blog post, we explain what open banking is, how it benefits you and your business loan application, and answer some frequently asked questions.

What is open banking?

Open banking is technology infrastructure. The technology is provided by the banks to approved companies, to allow transfer of your transaction data at your request, via an API (application programming interface). An API is basically the code that lets two unrelated systems talk to each other.

The technology is standardised, safe and secure. Any organisation that wants to use these API’s can use them (with the bank’s permission) and know that what they are using is going to be safe for customers.

The key thing with open banking is that you, the customer, give express permission for your banking data to be shared with a third party.

Why use open banking?

Our lives are becoming increasingly digitised. Banks and other institutions hold a lot of information that we’ve given through our actions (eg deposits, payments, transfers). This information is of interest to lenders.

Open banking allows you to say who can access that data. Obviously, banks can’t provide your banking data activity to a finance company without your express consent. By using an open banking portal with the banks’ API, you give this consent with a few keystrokes and clicks of your mouse.

Summary of benefits

• You don’t need to download and send bank statements – quicker to get your loan application underway.

• Increased security –

  • You’re not saving bank statements onto your PC or device.

  • You don’t need to use email to send bank statements.

• Faster processing of your loan application, as the transactions are analysed automatically.

• You provide transaction data right up to today’s date, whereas your most recent bank statement might be a month old.

• Your lender can be certain that you are providing accurate information.

Your questions, answered

Here are some frequently asked questions about connecting your bank statements for your finance company.

Aren’t I breaching my agreement with my bank by sharing my login and password?

No, that’s not the case. If an open banking platform gives you the opportunity to log in using your online banking details, it means that your bank has provided the necessary technology to share your banking transactions. This is the key point: the technology is provided by your bank.

Am I giving the lender access to my bank accounts?

Also no. What happens is that the bank provides a one-time download of transactions to the lender. In some cases, the software will categorise and analyse the transactions and give the lender a summary.

My online banking has my personal accounts as well as my business accounts – do lenders look at my personal banking information?

Generally, lenders are not interested in your personal banking information, unless they need to see proof of personal income. The upside of providing business and personal banking data is that payments to your bank accounts from your business accounts can be cross-checked.

My business banks with more than one bank – do I need another link?

Usually, you can reuse the link that your lender has sent you to connect your other banks. The lender will know who the data is from and which bank it has come from, as that information is part of the data download.

Many of the lenders that we work with will have open banking facilities. Sometimes we will send out the link, and other times it may be automatically sent out from a portal in which we’ve loaded your information to start your loan application.

We think that open banking is a good thing, and we see the benefit with quick turnaround of loan applications with our partner lenders.

Scary or safe? We’re confident it’s safe.

Thinking about finance? Check out what kinds of loans we can help you with here.

Ready to apply? Drop us a line and we’ll be in touch real quick.