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For borrowers

Caveat loans in New Zealand, explained

What a caveat is, how caveat-style lending works, and how it differs from lending secured by a registered mortgage.

A caveat loan is short-term business lending secured by lodging a caveat, a notice on a property’s title, rather than a registered mortgage. The caveat blocks other dealings on the title but does not give the lender the same enforceable interest a mortgage does. Caveat loans are typically faster to arrange but carry higher risk and cost than mortgage-secured lending, which is why LendCap secures its own lending by registered first or second mortgage instead.

What a caveat actually is

A caveat is a notice registered against a property’s title warning that someone claims an interest in it. It prevents further dealings on the title without notice to the caveator. It is not itself a mortgage, and it does not create the same registered security interest a mortgage does.

How caveat-style lending works

A lender advances funds against an agreement with the borrower, then lodges a caveat to flag their interest and block competing dealings while the loan is outstanding, rather than registering a mortgage over the property.

When a business might use one

Caveat lending is generally used where speed is prioritised over structure, such as bridging a same-day settlement gap, or where a mortgage cannot be registered quickly enough for the timing involved. Whether that trade-off is appropriate depends entirely on the transaction and the advice the borrower takes.

What it costs in practical terms

Caveat loans are typically priced higher than mortgage-secured lending to reflect the weaker security position. There are also legal costs to lodge the caveat and, later, to remove it.

The risks

A caveat gives a weaker enforcement position than a registered mortgage if a dispute arises. Removing a caveat that a caveator will not withdraw voluntarily can require a court application under the Land Transfer Act, which can be slow and costly. Because the underlying loan is often not registered as a mortgage, recovery can be more complicated.

How this compares with LendCap’s own approach

LendCap secures property-backed business lending by registered first or second mortgage, not by caveat. That gives lenders a clearer, directly enforceable registered interest in the security property. The position for any given transaction is set out in the indicative lending criteria and confirmed in writing during assessment.

What LendCap does instead

The situations people often reach for a caveat loan to solve, fast business funding against property, are handled through a registered second mortgage instead. A second mortgage can be registered promptly while still giving the lender a real, enforceable security interest in the property. If the need is urgent, see urgent business funding. For a fuller explanation of how second mortgage lending works for a business purpose, see second mortgage business loans.

Common questions

Is a caveat the same as a mortgage?
No. A mortgage is a registered security interest; a caveat is a notice that blocks dealings on the title without creating the same interest.
Does LendCap offer caveat loans?
No. LendCap secures its business lending by registered first or second mortgage. See the indicative lending criteria.
Can a caveat loan later be converted to a registered mortgage?
That depends entirely on the specific lender's arrangement with the borrower; it is not something to assume without confirming in writing.

Business funding enquiry

Tell us about the funding you are looking for and we will come back to you. Please do not send financial statements or identity documents here — those belong in the secure application environment.

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A short description of the business, the security and how the loan would be repaid.

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Prefer to talk it through? Call 09 873 8645.

Last reviewed: 7 September 2026