Skip to main content
🏛️
Free guide
How CRA Liens Affect Mortgages
5 min read · 6 sections · Free, no signup
We never sell your info. Unsubscribe anytime.
Free guide

How CRA Liens Affect Mortgages

What a CRA lien is, why banks decline it, and how equity clears it

How a CRA lien affects your mortgage: what a CRA lien and deemed trust are, why banks decline a file with one, how an equity refinance clears it, the cost, and what to do if a lien is registered.

How a CRA lien affects your mortgage

A CRA lien changes your financing options more than almost any other debt, because it attaches to your title, not just your credit. Once CRA has registered a charge against your property, most prime lenders won’t refinance, switch or advance new money unless the lien is paid out and removed as part of the deal. This guide explains what a CRA lien is, how it blocks financing, and how an equity-based mortgage clears it.

The reassuring news: a CRA lien is not the end of the road. With enough equity, it can usually be cleared through the right financing, and doing so restores clean title and reopens the path back to prime pricing. For the service, see our CRA debt mortgage page. This is general information, not legal or tax advice; confirm your situation with a tax lawyer or CPA.

What a CRA lien actually is

A CRA lien is a legal claim registered against your property to secure an unpaid tax debt until it is paid in full1. Before registering one, CRA must legally certify the amount you owe, either with a certificate registered in the Federal Court or a provincial judgment, which makes the debt a matter of public record1. Unlike an ordinary creditor, CRA doesn’t have to sue you: a registered certificate has the same effect as a Federal Court judgment, and a memorial of it can be registered on title to create the charge2. If the debt stays unpaid, CRA can seize or force a sale of the property1.

How it ranks matters. Under the Income Tax Act, a charge created this way is subordinate to charges, such as a mortgage, that were already registered before it2. Amounts a business collected or withheld for the government, GST/HST and payroll source deductions, are different: they are deemed trust amounts that don’t need to be registered on title at all, and a deemed trust debt that existed when a mortgage was registered ranks ahead of that mortgage3. The precise priority on your file is a legal question for your tax lawyer.

Why banks decline a file with a CRA lien

When a lender funds a mortgage, it registers a charge and needs to know exactly what ranks ahead of it. A registered CRA lien has to be dealt with before the lender can be confident in its position, and a possible deemed-trust claim for unremitted GST/HST or payroll is even harder to size because it can exist without anything on title3. So an A-lender’s underwriting typically won’t fund until the claim is paid out, and many won’t take on a file with an active lien at all.

This catches homeowners who are otherwise strong borrowers: good income, solid payment history, plenty of equity, declined because of the title rather than the borrower. It’s the same wall a judgment or construction lien creates (see judgment vs writ vs lien), and it has the same kind of solution: use equity to clear the claim so title comes clean.

How an equity refinance clears a CRA lien

The usual route is an equity-based refinance. Where an A-lender won’t fund, a B-lender or private lender can advance new financing sized to cover your existing mortgage, the full CRA payout, and costs. At closing, the funds flow through your lawyer’s trust account directly to CRA. Once the debt is paid, CRA generally removes the lien1, your lawyer confirms the discharge from title, and the new lender’s charge sits on clean title.

Qualifying is equity-first. A prime (A-lender) refinance is capped at 80% of value because insurance isn’t available on a refinance4; B-lenders often lend to a similar level and private lenders more commonly to about 65–75% (typical ranges, illustrative and dependent on the lender and file). You don’t need clean title to start, since clearing it is the point. A private lender can fund quickly where enforcement is imminent; a B-lender is usually cheaper where the timeline allows.

The cost, and why it can still be worth it

Clearing a CRA lien through a B-lender or private mortgage costs more than a bank refinance would have before the lien. A B-lender typically prices above A-lender rates and may charge a lender fee. For context on private pricing, CMHC reported that the top 25 mortgage investment entities (a group of private lenders) averaged about a 9.6% rate on single-family loans in Q3 20255, and lender and broker fees are usually added on top. It’s a real, temporary premium, and we disclose every fee in writing.

But weigh it against the alternative. A registered lien has to be paid from any sale or refinance, CRA interest keeps compounding daily6, and CRA can move toward seizing or forcing a sale of the property1. Clearing the lien stops that and restores your ability to deal with your own property. And it’s a bridge: once the file stabilizes, the plan is to refinance back to A pricing, which can recover much of the premium. See refinancing back to an A-lender after CRA debt.

What to do if a CRA lien is registered

Move deliberately, not in a panic. Confirm exactly what’s registered and the amount owing (by tax year and type), confirm your equity with a current value, and get a financing plan in place; the more runway, the cheaper and wider your options. If a lump-sum payout isn’t possible yet, talk to CRA about a payment arrangement, keeping in mind you must make every agreed payment and file all future returns on time7. Loop in your CPA or tax lawyer on any relief or dispute, and coordinate the payout so nothing surprises you at closing.

Mortgage Squad Advisors (FSRA #13737) arranges equity-based financing to clear CRA liens, coordinates with your lawyer and CPA, and maps the exit back to bank pricing. Start on our CRA debt mortgage page, or get a confidential assessment (no credit pull to begin). General information only; confirm tax and legal specifics with a licensed professional.

Sources

Primary sources for the rules and figures above. Rules, rates and lender policies change, so confirm anything you plan to act on with a licensed advisor.

  1. 1. Canada Revenue Agency, Putting a lien on or seizing your assets: The CRA may place a lien on assets, including a personal residence, to secure an unpaid tax debt (after certifying the debt via a provincial judgment or Federal Court certificate), and may seize or force a sale; it usually removes the lien once the debt is paid.
  2. 2. Justice Laws (Canada), Income Tax Act, s. 223 (certificates and memorials): The Minister may certify an unpaid amount; once registered in the Federal Court the certificate has the same effect as a judgment of that Court, and a memorial of it may be registered against the debtor's property to create a charge or lien (s. 223(5)); that charge is subordinate to any charge already made effective against other creditors before the memorial was registered (s. 223(6)), such as an earlier registered mortgage.
  3. 3. Canada Revenue Agency, Information on deemed trust: Unremitted payroll source deductions and collected GST/HST are deemed trust amounts; a deemed trust debt is secured over all the debtor's assets and the CRA need not register it on title. A deemed trust debt that existed when a mortgage was registered has priority over that mortgage; with certain exceptions, a voluntary mortgage registered before the deemed trust debt arose has priority (the prescribed security interest). Lenders can request a CRA comfort letter.
  4. 4. Justice Laws (Canada), Bank Act, s. 418: Restriction on residential mortgages: A bank may not lend or refinance above 80% of a home's value unless the loan is insured.
  5. 5. CMHC, Residential Mortgage Industry Report: CMHC data on mortgage lenders and arrears; the top 25 mortgage investment entities (private lenders) averaged a 9.6% single-family lending rate at ~58% LTV in Q3 2025.
  6. 6. Canada Revenue Agency, Interest and penalties on late taxes: The CRA charges compound daily interest on unpaid tax starting the day after the due date, plus late-filing penalties where a return is filed late.
  7. 7. Canada Revenue Agency, Payment arrangements: The CRA may accept a payment arrangement for a tax debt; you must make every agreed payment and file future returns on time.

Want a broker to walk you through this?

Free, no obligation. We’ll tailor this guide to your numbers. No credit pull.

So we can answer quickly if you have a question.

Encrypted. We never sell your info.

Frequently asked questions

Can I get a mortgage with a CRA lien on my house?
Yes, usually through a refinance that pays the lien out at closing. Most prime lenders will not fund with an active CRA lien, so the new mortgage often comes from a B-lender or private lender sized to cover your existing mortgage, the CRA payout and costs. Your lawyer pays CRA directly from the proceeds, and CRA generally removes the lien once the debt is paid.
How does CRA put a lien on a house?
CRA first legally certifies the debt, either by registering a certificate in the Federal Court or by obtaining a provincial judgment. The certificate has the effect of a court judgment, and CRA can then register a lien or memorial against your property. It usually sends a letter telling you the debt has been certified before taking further legal action.
Does a CRA lien rank ahead of my first mortgage?
Generally no, if your mortgage was registered first. Under the Income Tax Act, a charge registered from a CRA certificate is subordinate to charges already registered. The exception to watch is a deemed trust for unremitted GST/HST or payroll deductions, which does not need to be registered and ranks ahead of a mortgage registered after that debt arose.
How do I get a CRA lien removed from my property?
Pay the certified debt in full, whether from savings, a sale or a refinance. CRA says that in most cases it removes the lien once the debt is paid. When the payout comes from a refinance, your lawyer sends the funds to CRA at closing and follows up to confirm the lien is discharged from title.
More free guides

Ask Maya about the How CRA Liens Affect Mortgages guide

Instant answers · 50+ languages · no credit pull

Estimates only — a licensed advisor confirms your file. FSRA #13737.Open full chat

Have a question this guide doesn’t answer?

Talk to a senior broker today, or ask Maya, our AI assistant, any time.