Quick answer
A caveat loan is a short-term business loan where the lender protects itself by lodging a caveat on your property title instead of registering a mortgage. Because it is quick to put in place, it suits urgent needs such as a tax deadline or a time-limited opportunity. A caveat can later be converted to a registered second mortgage if the loan runs longer.
Key points
- Lender lodges a caveat on the title instead of a mortgage
- Quick to arrange for urgent, short-term needs
- Works behind an existing bank loan
- Can be converted to a registered second mortgage later
Speed is the point
A registered mortgage involves more paperwork and often the consent of an existing lender. A caveat is simpler: a notice on the title that protects the lender’s interest. That is why caveat loans are often the quickest property-secured option, and why they are used when a deadline will not move.
Typical uses
- Paying an ATO debt before enforcement escalates.
- Securing stock or equipment offered at a price that will not last.
- Covering wages or suppliers while a large payment is delayed.
- Paying a deposit or settlement shortfall on a business purchase.
How a caveat loan works
- You provide the property details and what the money is for.
- The lender assesses the property from sales evidence. No valuation is needed before approval.
- Loan documents are signed and the caveat is lodged with the land titles office.
- Funds are released, in as little as 24 hours on straightforward deals once documents are signed.
- The loan is repaid from trading, a refinance or a sale, and the caveat is withdrawn.
Caveat versus registered second mortgage
| Feature | Caveat | Registered second mortgage |
|---|---|---|
| Set-up speed | Very quick | Quick, more steps |
| First lender consent | Usually not required | Sometimes required |
| Typical term | Short | Short to medium |
| Can change later? | Yes, can convert to a second mortgage | Already registered |
Each state runs its own land titles system with its own caveat rules, which your solicitor handles. Our guide to caveat loans goes deeper into lapsing notices and state differences.
Costs and cash flow
Caveat loans are priced for speed and short duration. Interest can be prepaid or capitalised, so nothing needs to come out of the business account during the term. Always compare total cost and make sure you have a realistic way to repay within the term, while knowing the loan can stay in place longer if needed.
An illustrative use
A builder is owed a large progress payment that has been delayed by a dispute over a variation. Meanwhile, a director penalty notice has arrived over unpaid PAYG withholding, and the timeframe to act is short. The builder owns a home with a bank loan, and there is good equity above it.
A caveat loan is assessed from sales evidence and no pre-approval valuation is required, the caveat is lodged, and the ATO amount is paid within the notice period. When the progress payment is finally released, it repays the loan. Because the builder later needs a few more months for another job to complete, the caveat is converted to a registered second mortgage rather than refinanced elsewhere.
Questions to ask before you sign
- What is the total cost if the loan runs to term, and if it runs longer?
- What happens if I need to convert to a registered second mortgage?
- Who pays the costs of lodging and withdrawing the caveat?
- Is the interest prepaid, added to the loan or paid monthly?
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Frequently asked questions
What is a caveat?
A notice lodged with the state land titles office warning that someone claims an interest in a property. While it is in place, the title generally cannot be dealt with without the caveator being notified.
Do I need my bank's permission for a caveat loan?
Usually not, because a caveat is not a registered mortgage. Your solicitor should still check the terms of your existing loan.
How long can a caveat loan run?
Caveat loans are typically short-term. If more time is needed, the caveat can be converted to a registered second mortgage, and the terms are flexible.
Are caveat loans only for property owners?
Yes. You or a director, trust or related company must own the property and agree to the caveat.
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