Mortgages & Borrowing

Mortgages, Refinancing, Borrowing & Guarantees

We handle the legal paperwork for your mortgage, refinance, or borrowing — and explain everything in plain English — so you can focus on getting the best deal for your situation.

Clear Legal Advice on Mortgages and Borrowing

Whether you're taking out your first mortgage, switching lenders, topping up, releasing equity in retirement, or discharging a loan — we make the legal side simple.

A mortgage is a loan secured against your property. Purchasers use mortgages to buy property, and existing owners can borrow against their property for other purposes. Either way, the legal documentation needs to be handled correctly — registering new mortgages, discharging old ones, and making sure the terms protect your interests.

We act for borrowers on new mortgages, refinancing (switching lenders), top-ups, discharges, reverse mortgages and guarantees. Our fees are published upfront and include GST — we'll send you a personalised quote before you commit to anything.

If you're not sure which category your transaction falls into, just get in touch — we're happy to clarify before you make any decisions.

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We handle hundreds of mortgage and refinancing transactions every year. Whether it's a straightforward refinance or a complex multi-property arrangement, we keep the process moving and keep you informed at every step.

How Can We Help You?

Click each service to learn more.

When you buy a property with a mortgage, we handle all the legal documentation — preparing the mortgage documents to your lender's instructions, registering the mortgage on the title, and coordinating with your lender to ensure funds are available on settlement day. This is usually included as part of your property purchase quote.

Buying your first home? See the government support available to first home buyers below.

Read our complete guide to buying a property →

Refinancing can save you money or free up equity. Whether you're switching to a new lender for a better rate or restructuring your borrowing, we handle the discharge of your existing mortgage, registration of the new one, and all the paperwork in between. We coordinate with both your old and new lender so the transition is seamless.

Before you switch, ask your current lender whether any early repayment (break) fees apply to your fixed-rate loan — these can change the maths on a refinance.

If you're borrowing additional funds against your existing property — for renovations, investment, or personal purposes — we handle the variation or new mortgage documentation and registration with your lender.

When you sell a property or pay off your loan, the mortgage needs to be formally discharged from the title. We coordinate with your lender to obtain the discharge and ensure it's registered — whether as part of a sale or as a standalone transaction.

A reverse mortgage lets homeowners — usually aged 60 or over — borrow against the equity in their home without making regular repayments. Lenders require you to receive independent legal advice before you sign, and we provide it: we explain exactly how the loan works, check the protections in the documents, and make sure it's right for you before you commit.

Read our full guidance on reverse mortgages below →

If you're being asked to guarantee someone else's borrowing — for example, a family member's mortgage — it's important to understand exactly what you're agreeing to and the risks involved. A guarantee can put your own home and assets on the line if the borrower can't pay. We provide independent legal advice on guarantees so you can make an informed decision before you sign.

Buying Your First Home? Help Is Available

Saving a deposit is the hardest part of buying a first home. These government schemes can get you there years earlier — here's how each one works, in plain English.

The good news: you may not need a 20% deposit

Most lenders look for a 20% deposit, but eligible first home buyers can purchase with as little as 5% through the Kāinga Ora First Home Loan — and your KiwiSaver savings can supply most or all of that deposit. The schemes below can be combined, so it's worth checking your eligibility for each one.

The First Home Loan is underwritten by Kāinga Ora, the government's housing agency. Kāinga Ora doesn't lend to you directly — it guarantees part of your loan so that a participating lender can accept a 5% deposit instead of the usual 20%.

To be eligible, your before-tax income over the last 12 months must be:

  • $95,000 or less — one buyer with no dependants; or
  • $150,000 or less — one buyer with dependants, or two or more buyers combined.

The cost: because Kāinga Ora takes on the risk of the low deposit, a one-off Lender's Mortgage Insurance premium of 1.2% of the loan amount applies. You don't need this in cash — it can be added to your loan and repaid over its lifetime. On a $570,000 loan, for example, the premium is about $6,840.

You must intend to live in the home, and your lender will still assess whether you can afford the repayments. The scheme's settings (income caps, the premium, and any property criteria) are reviewed from time to time, so always check the current rules on the Kāinga Ora website before you commit.

If you've been a KiwiSaver member for at least 3 years, you can withdraw almost your entire balance — your contributions, your employer's contributions, government contributions and investment returns — to put toward your first home. You must leave at least $1,000 in your account, and amounts transferred from an Australian super scheme can't be withdrawn.

The key conditions:

  • You must be buying your first home (or qualify as a "second-chance" buyer — a previous owner now in a similar financial position to a first home buyer, as determined by Kāinga Ora);
  • You must intend to live in the home as your main residence — it can't be an investment property; and
  • If you're buying as a couple, each of you must individually meet the criteria to withdraw your own balance.

How it works in practice: you apply through your KiwiSaver provider (not Inland Revenue), and the funds are paid to us as your lawyers, who hold and apply them toward your purchase. Applications take time to process — apply early, well before settlement day, and talk to us first so the timing works.

Buying at auction? Plan ahead

A KiwiSaver withdrawal generally cannot be used for the deposit payable on auction day, because the funds can't be released in advance of an unconditional purchase. If you're bidding at auction, you'll need the deposit from other sources — and your KiwiSaver funds can go toward settlement. Read our auction purchases guidance →

The Kāinga Whenua Loan Scheme is an initiative between Kāinga Ora and Kiwibank to help Māori achieve home ownership on multiply-owned ancestral land — to build, purchase or relocate a home.

What makes these loans different: the loan is secured against the house only, not the land — recognising that multiply-owned Māori land shouldn't be put at risk. Loans are available to individuals and to Māori collectives, including whānau trusts, ahu whenua trusts and incorporations under Te Ture Whenua Māori Act 1993.

Housing on whenua Māori involves some unique legal steps — occupation licences, trust consents and Māori Land Court processes. We're happy to guide you through them.

If you're a Kāinga Ora tenant, you may be able to buy the home you're currently renting — with a Tenant Home Ownership grant of 10% of the purchase price, up to a maximum of $20,000.

  • Only selected Kāinga Ora properties are available for sale, and the grant isn't offered in areas of high demand for state housing;
  • Your rent account must be up to date by the time you purchase; and
  • The grant can be combined with the First Home Loan and a KiwiSaver first-home withdrawal, if you're eligible.

The First Home Grant no longer exists

The Kāinga Ora First Home Grant (up to $5,000 for an existing home or $10,000 for a new build) was discontinued on 22 May 2024. Some websites still describe it — don't budget for it. The First Home Loan and the KiwiSaver first-home withdrawal remain fully available.

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We help first home buyers with all of this as part of your purchase — advising on and processing your KiwiSaver withdrawal, coordinating the First Home Loan requirements with your lender, and making sure the money is where it needs to be on settlement day. Start with our complete guide to buying a property →

Choosing the Right Mortgage

Understanding your options helps you make a better decision.

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Fixed-Rate Mortgage

Your interest rate is locked in for a set period (typically 1–5 years). You know exactly what your repayments will be, making it easier to budget. A good choice if you think interest rates may rise — but break fees can apply if you repay early.

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Floating-Rate Mortgage

Your interest rate moves up and down with the market. Repayments can change, but you usually have more flexibility — including the ability to make extra repayments without penalty.

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Interest-Only Mortgage

You pay only the interest for a set period, keeping repayments lower in the short term. The principal doesn't reduce during this period. Often used for investment properties.

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Split or Combination Mortgage

Part of your mortgage is fixed and part is floating. This gives you certainty on a portion of your repayments while retaining some flexibility.

Tips for choosing a lender

As a rule of thumb, aim to keep mortgage payments to no more than one-third of your income. We recommend getting pre-approval before you start looking at properties — this gives you certainty about your budget and an advantage in a competitive market.

Compare lenders based on interest rates, fees, flexibility, and service. A mortgage broker can help you navigate the options across multiple banks. When comparing, consider the interest rate, fees and charges, loan processing time, minimum deposit required, whether prepayment is allowed, and the lender's service reputation.

Home loan calculators — use these tools to estimate your repayments:

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Settled.govt.nz mortgage calculator

The government's independent home-buying website. Use its mortgage calculator to estimate home loan repayments and understand the costs of buying a home in New Zealand — a great place to start before comparing lenders.

Reverse Mortgages — Releasing Equity in Retirement

A reverse mortgage can fund a more comfortable retirement — but it's a significant decision that affects your equity, your estate and your family. Here's what you need to know before you sign.

A reverse mortgage (also called home equity release) lets homeowners — generally aged 60 or over — borrow against the equity in their home while continuing to own it and live in it. You can take the money as a lump sum, as regular payments, or as a facility you draw on when needed.

The key difference from a normal mortgage: you make no regular repayments. Instead, interest is added to the loan and compounds over time. The loan — plus all the accumulated interest — is repaid when you sell the home, move into long-term care, or pass away.

Reverse mortgages are on floating interest rates, typically higher than standard home loan rates. Because the interest compounds and nothing is being repaid, the balance grows faster than most people expect — which is why careful advice matters before you commit.

Reputable New Zealand reverse mortgage lenders offer important protections. Before you sign, make sure your loan includes:

  • A no negative equity guarantee — you (or your estate) will never have to repay more than your home sells for, even if the loan balance grows beyond the home's value. The lender cannot claim your other assets.
  • A lifetime occupancy guarantee — the right to live in your home for as long as you choose. Take care: this protects only the people named on the loan. If a spouse, partner or family member living with you isn't named, their right to stay if you die or move into care needs to be addressed before you sign — this is one of the most important things we check.
  • An equity protection option — some lenders let you ring-fence a percentage of your home's value so it's preserved for your estate no matter what.
  • Access to an independent complaints process — such as the Banking Ombudsman scheme.

A reverse mortgage is the right tool for some people and the wrong one for others. Before committing:

  • Understand the compounding effect — with no repayments, the balance can double in a decade or so at typical rates. The equity left for you or your estate reduces accordingly, and faster if house prices are flat.
  • Talk to your family — the loan directly affects what you leave behind. An open conversation now prevents painful surprises later.
  • Consider the alternatives first — downsizing to a smaller home, renting out part of your property, financial help from family, or your council's rates postponement scheme may meet the need at far lower cost. Our guide to deciding whether to sell your property works through some of these options.
  • Get independent financial advice too — a reverse mortgage can interact with your wider retirement planning, benefits and future care arrangements. Legal advice and financial advice answer different questions; for a decision this significant, you deserve both.
  • Borrow only what you need, when you need it — a drawdown facility means interest compounds only on what you've actually used.

New Zealand reverse mortgage lenders require you to receive independent legal advice before the loan is finalised — and for good reason. This is exactly the advice we provide. We will:

  • Explain, in plain English, how the loan works, how the interest compounds, and what it means for your equity over time;
  • Check the no negative equity, lifetime occupancy and any equity protection provisions in the actual loan documents — not just the brochure;
  • Make sure everyone who should be named on the loan is named, so no one's right to stay in the home is at risk;
  • Explain your ongoing obligations — such as keeping the home insured and maintained and paying the rates — and what happens if they're not met; and
  • Handle the legal work: certifying the documents, registering the mortgage, and discharging any existing mortgage being repaid from the loan.

Our advice is independent — we act for you, not the lender. If something in the documents isn't right for your situation, we'll tell you plainly before you sign.

Considering a reverse mortgage?

Talk to us before you sign anything. We'll give you the independent legal advice your lender requires — and the honest, plain-English guidance this decision deserves. Call +64 9 415 0099 or email reception@rossholmes.co.nz

🎉 Property Client Exclusive — 50% Off Estate Planning

As a property transaction client, you qualify for 50% off all will-based estate planning documents when you sign them at the same time as your property documents.

Normal Will + Both EPAs: Individual $550 (normally $1,100) | Couple $1,000 (normally $2,000)

Learn About Estate Planning →