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Private lending basics

How do I spot a private lending scam or an upfront fee trap?

Updated Sept 2026 · Reviewed by The Lienhouse team

The pattern is nearly always the same: a fast approval, then a fee that must be paid before the money is released. Genuine private lenders take their establishment fee out of the loan at settlement. The only money normally paid in advance is a valuation fee, and sometimes a modest commitment fee after a written offer. Check the lender's ABN and ASIC registration, insist on dealing through solicitors, and never pay an individual's bank account.

Key takeaway
Real lenders are paid from settlement proceeds. Anyone asking for a large fee before funding, with guaranteed approval, is not a lender.

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Borrowers looking for private finance are often under time pressure, which is exactly what a scammer wants. A few checks, done before any money moves, remove nearly all the risk.

Warning signs

  • Guaranteed approval. No lender can promise approval before seeing the title, a valuation and your documents.
  • No interest in the security. A lender who does not care about the property is not planning to lend against it.
  • An upfront fee described as insurance, a bond, tax, a release fee or legal costs. Especially one that grows each time you pay.
  • Rates far below the market. Private money at bank rates does not exist.
  • Pressure. An offer that expires today, or a fee that must be paid within hours.
  • Free email addresses and mobile numbers only. No landline, no office, no website history.
  • Payment to a personal account, overseas account or in cryptocurrency.
  • Unsolicited contact, particularly through social media or messaging apps.
  • Documents with errors, mismatched company names or a lender’s name that is a near copy of a well-known firm.

What a genuine process looks like

StepWhat happensWhat you pay
EnquiryYou describe the need and the securityNothing
Indicative termsWritten, conditional, with rate and fees set outNothing
ValuationAn independent valuer inspectsValuation fee
Formal offerIssued after valuation and searchesSometimes a commitment fee
DocumentsPrepared by the lender’s solicitor, reviewed by yoursYour own solicitor
SettlementFunds released, fees deducted from the advanceFees come out of the loan

Checks to run

  1. ABN Lookup and ASIC. The company exists, is registered and the name matches the documents exactly.
  2. The people. Directors named on the ASIC extract match who you are dealing with.
  3. The solicitor. A law firm acts for the lender. Verify the firm independently through the state law society, using contact details you find yourself.
  4. The account. Any payment goes to a solicitor’s trust account or a company account in the lender’s exact name. Confirm account details by phone on a number you sourced independently, because email interception is common.
  5. Your own solicitor. Have them review everything before you sign or pay.
  6. ASIC’s Moneysmart site lists companies you should not deal with.

Upfront fee traps that are not quite scams

Some operators are real businesses whose model is collecting application or commitment fees on deals that were never likely to settle. Protect yourself by asking what the fee covers, when it is refundable, and how many loans the firm settled in the past year. Get the answers in writing.

If something feels wrong

Stop, and do not send more money to recover what you have paid. Call your bank. Report it. Then start again with a lender you can verify. See what is a private lender and comparing private loan offers. Lienhouse does not charge a fee to make an enquiry, and the steps are on the how it works page.

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FAQ

Is a valuation fee paid up front normal?

Yes. The valuer needs to be paid whether or not the loan proceeds. It should be a market fee for the property type, ideally paid to the valuation firm or a solicitor's trust account.

What is a commitment fee?

A fee some lenders charge on acceptance of a formal offer, to cover their work if the borrower walks away. It should be modest, documented, and credited at settlement.

Where do I report a scam?

Scamwatch and ASIC, and your bank immediately if money has been sent. If identity documents were provided, contact IDCARE.

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The amount, the asset and the timeframe. We’ll match you with a funder and email you their introduction. Reply to it and they’ll be in touch.

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