RMA, Real Mortgage AssociatesFSRA LIC. #10464RICK SEKHON · MORTGAGE BROKER

CRA Tax Arrears Guide

Can You Refinance With a CRA Lien? The Incomplete Answer

Most answers say you must pay the CRA before refinancing. That is true of banks. It is not true of every lender, and the difference matters when you own a home.

Home CRA Tax Arrears Guides

An Ontario homeowner reviewing paperwork at a kitchen table

The short answer

Often yes. A major bank will usually decline while a lien sits on title, but alternative and private lenders regularly pay the CRA directly from the lawyer's trust account at closing, so the payment and the discharge happen in one transaction rather than in sequence.

You searched for whether you can refinance with a CRA lien on your home. You probably found a version of this sentence: you can, but you will need to pay the tax debt first, because lenders require the lien to be cleared before advancing funds.

Read that again and notice the shape of it. You need the loan in order to pay the debt. You need to pay the debt in order to get the loan.

That answer is not wrong. It is incomplete, and the missing part is the part that matters when you own a house.

Who that answer is actually describing

The answer describes a bank, and for a bank it is accurate.

A major lender will generally not advance new funds while a claim from the Canada Revenue Agency sits ahead of theirs on title. That is a policy position, applied across files. It is not a judgment about you, your credit or your character.

Lien
A legal claim registered against your property's title. It secures a debt to the property. It does not transfer ownership and it does not by itself force a sale.

So the bank says no. Most articles stop there, because most articles are written by people who work with banks, or by people who do not arrange mortgages at all.

What the answer leaves out

Not every lender is a bank.

Alternative and private lenders complete these transactions regularly. The mechanism is straightforward once someone explains it: the new mortgage funds, and your lawyer sends the payment directly to the CRA out of those proceeds at closing.

The debt is paid from the loan. The loan is not waiting for the debt to be paid.

How the payout actually happensStep 1: Title search. Confirms what is registered and for how much Step 2: Equity assessment. What 80 percent of value can release Step 3: Lender placement. A lender who will advance with the lien on title Step 4: Closing. Lawyer pays the CRA from trust Step 5: Discharge. The lien comes off title after paymentHow the payout actually happens1Title searchConfirms what is registered and for how muchDay 12Equity assessmentWhat 80 percent of value can releaseDays 1-33Lender placementA lender who will advance with the lien on titleWeek 14ClosingLawyer pays the CRA from trustWeeks 2-45DischargeThe lien comes off title after paymentAfter funding
The order matters. The debt is paid from the new mortgage rather than before it.

That single sequencing detail is what turns a circular answer into a workable one. There is no moment where you have to find the money separately.

The advice you will usually read

You must pay the tax debt before you can refinance.

Commonly stated by many tax and insolvency resources.

What changes when you own your home

That describes bank policy accurately, and for a reader with no property it is the end of the story. When you own a home with equity, the payment can be made out of the refinance itself, which means the order the advice assumes is not the only order available.

Why the lien got there in the first place

It helps to know what the registration actually represents, because most people assume it means a decision was made about their house specifically.

It did not work that way. The CRA certifies the debt in the Federal Court, and that certification gives the balance the effect of a judgment. Registration against your property follows from that. There was no separate hearing about your home, and nobody argued the merits of taking it.

That is worth understanding for two reasons. The first is that the registration is a collection step rather than a seizure, so the alarm most people feel on discovering it is out of proportion to what has actually happened. The second is more practical: because it is a step in a process, it can be undone by completing the process, which means paying the balance.

Most homeowners find out at exactly the wrong moment. A renewal comes up, the lender pulls title as a matter of routine, and the file that was going to renew automatically suddenly does not. Nothing about the household finances changed that week. What changed was that somebody looked.

What a lender is actually deciding

Once you are talking to a lender who will consider the file, the question changes. It stops being is there a lien and becomes does the equity cover what needs to be paid.

A conventional refinance in Canada is limited to 80 percent of the appraised value of the home. Everything that must be paid out comes from within that ceiling.

What comes out of the refinanceWhy
Existing mortgage balancePaid out and replaced
The CRA balancePaid from trust at closing
Legal and lender feesCost of the transaction
Any other registered claimsThey rank on title too

If those add up to less than 80 percent of what the home appraises at, there is usually a workable transaction. If they add up to more, there is not, and finding that out early is far better than finding out late.

The part nobody puts in writing

This route costs more than a bank mortgage.

The rate is higher, and there are legal and lender fees. Anyone who tells you otherwise is selling something.

What makes it worth considering is not the rate in isolation. It is the comparison against what the balance costs while it sits there. Interest on an unpaid tax balance compounds daily at a rate set quarterly, and a lien on title blocks refinancing, selling and renewal until it is dealt with.

Doing nothingClearing it
Interest compounds dailyBalance stops growing
Lien blocks refinance, sale and renewalTitle is clear again
Options narrow as collection escalatesA normal mortgage becomes possible again

What the process asks of you

The steps are ordinary, and knowing them removes most of the dread.

A lender will want to see what the property is worth, which usually means an appraisal. They will want confirmation of the balance owing to the CRA, which comes from a statement of account rather than your estimate. They will want to know about anything else registered on title, because those claims rank too. And they will want some sense of income, though alternative lenders assess this differently than a bank does, and self-employed income that a bank could not use is often workable here.

None of that requires you to have the situation resolved before you begin. It requires you to know what the situation is.

The awkward part for most people is not paperwork. It is having the conversation at all, because tax arrears carry a particular kind of embarrassment that a car loan does not. It is worth saying plainly that this is a common file, that nobody involved will be surprised by it, and that the people who work on these transactions have seen the same set of facts many times.

Planning the way back

This is the piece most often skipped, and it is the one that decides whether the whole thing was a good idea.

The obstacles that caused the bank to decline are the lien and the arrears. Once the balance is paid, the lien is discharged and payments are made on time, those specific obstacles no longer exist.

Many files return to bank financing after a year or two of clean history. That is the plan rather than a promise, because every file is assessed on its own facts and no one can commit a future lender in advance. But it is a realistic plan, and it should be discussed at the start.

If you want to understand what the lien is doing to your position more broadly, our guide on what a registered lien actually means for a homeowner covers the mechanics. If collection has already reached your bank account, what changes when an account is frozen is the more urgent read.

What if there is more than one balance

Tax debt rarely arrives alone, and a second complication does not automatically end the conversation.

Some homeowners have a lien and a payment arrangement that fell apart. Some have income tax arrears alongside HST they collected and could not remit, which the CRA treats more seriously because it was never their money to begin with. Some have a second mortgage already registered, or credit cards that grew while everything else was being managed.

The refinance question is the same in each case. Everything that has to be paid comes out of the same 80 percent ceiling, so the arithmetic either works or it does not. What changes is how much room is left once the tax balance is handled.

This is also where an honest answer sometimes means a smaller transaction rather than a bigger one. Clearing the CRA balance and leaving other debts in place is occasionally the better plan, because the tax balance is the one blocking title and compounding daily. Consolidating everything is not automatically the right move just because it is possible.

When this is the wrong answer

Sometimes it does not work, and saying so is the reason the rest of this is worth reading.

If the balance is larger than your equity can clear, a refinance cannot solve it. If your income cannot carry the new payment, adding a more expensive mortgage makes the position worse rather than better.

In those situations a licensed insolvency trustee can explain options that a mortgage simply cannot provide, and speaking to one costs nothing. The honest recommendation is to get both numbers in writing before deciding anything.

Who will and will not advance with a lien on titleA lenders (major banks), Lowest: Generally decline while a lien is registered. This is policy, not a judgment about you. B lenders (alternative), Mid: Will often advance and pay the balance at closing where equity supports it. Private lenders, Highest: Equity-driven and fastest to close. Intended as a short-term bridgeWho will and will not advance with a lien on titleA lenders (major banks)Generally decline while a lien is registered. This is policy, not a judgment about youLowestB lenders (alternative)Will often advance and pay the balance at closing where equity supports itMidPrivate lendersEquity-driven and fastest to close. Intended as a short-term bridgeHighest
Illustrative positioning. Actual terms depend on credit, loan-to-value, property type and the lender, and all lending is subject to approval.

What to do next

Confirm what is actually registered against your property. A title search settles it, and assumptions here are expensive.

Then find out what the equity can do. Not a promise, not an approval, just a real number you can weigh against the cost of leaving it alone for another year.

Two things are worth doing in parallel. Ask the CRA for a current statement of account, so you are working from the real balance rather than the figure on a letter that arrived months ago. Interest has been compounding since then, and the number has moved.

Then get the financing side priced properly. Those two figures together are the whole decision. Without both, you are guessing, and this is not a good thing to guess about.

Nobody plans to fall behind with the CRA. It is a common situation, and for a homeowner it is more often solvable than the search results suggest.

Key takeaways

  • A lien blocks a bank refinance. It does not block every refinance.
  • Alternative lenders pay the CRA from the lawyer's trust account at closing, so payment and discharge are one transaction.
  • The question a lender asks is whether the equity covers the balance, not whether a lien exists.
  • The higher rate is the cost of the route, and it is meant to be temporary.
  • Plan the exit back to bank financing before you take the loan, not after.

Questions people ask

Can I refinance my home if the CRA has registered a lien?

Often yes, though usually not with a major bank. Alternative and private lenders regularly complete refinances where a lien is on title, because the balance is paid out of the new mortgage proceeds at closing. What matters most is whether there is enough equity to cover the tax balance, the existing mortgage and the costs of the transaction.

Do I have to pay the CRA before I apply to refinance?

Not with a lender who is willing to pay it at closing. The advice to clear the debt first describes how a bank operates, and for a bank it is accurate. It is incomplete as a general statement, because the payment can be made out of the refinance itself rather than before it.

How does the lien actually come off title?

It is discharged once the underlying debt is paid. In a refinance the lawyer sends the payment to the CRA from trust at closing and then handles the discharge. From your side it is one appointment rather than a sequence of separate steps you have to coordinate.

Will a bank ever take my file back afterwards?

That is usually the plan rather than a certainty. Once the balance is cleared, the lien is discharged and payments are current, the obstacles that caused the decline are gone. Many files return to bank financing after a year or two of clean history, though every file is assessed on its own facts and nothing is guaranteed in advance.

Is this more expensive than my current mortgage?

Yes, and it is worth being direct about that. Alternative lending costs more than a bank mortgage, and there are legal and lender fees on top. The comparison that matters is not against your old rate but against what carrying the tax balance costs, since interest on it compounds daily.

What if I do not have enough equity?

Then this route may not work, and that is worth finding out early rather than late. If the balance is larger than the equity can clear, a licensed insolvency trustee can explain options a mortgage cannot provide. Getting both answers in writing before choosing is the sensible order.

Send the rough balance and your city

A specific number you can afford, in writing, in 2 business days. No judgment, no cost, and no application until you say yes. A first name is enough to start, and none of it touches your credit.

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Last reviewed August 23, 2026.