Prepayment Penalty: What It Is And How To Avoid It (2024)

Interpreting Your Mortgage Contract

As with any financial contract, you should read the fine print. In this case, you’ll want to find out if there is a prepayment penalty clause in your mortgage contract and how to interpret the consequences of triggering the fee.

Check For A Loan Prepayment Clause

The law requires lenders to disclose prepayment penalties, along with monthly payments, fees and other loan details. As mentioned, you’ll want to read the “fine print” – in this case, the Loan Estimate or the paperwork that you’ll sign at closing – where you’ll find it mentioned prominently in the addendums and/or disclosure documents with all the other terms of your mortgage loan.

It’s perfectly fine to ask your lender if they charge a prepayment penalty; if they do, ask them to show where in the paperwork you would find the details. If you already have a loan, you can look at your monthly billing statement, as it should be outlined in there.

There are some instances where prepayment penalties are illegal. These include:

  • Federal Housing Administration (FHA) loans
  • Department of Veterans Affairs (VA) loans
  • United States Department of Agriculture (USDA) loans
  • Student loans (It’s true that these loans aren’t mortgages, but it’s still good bonus info to know.)

Learn What Will And Won’t Trigger The Prepayment Fee

As we mentioned, making a few extra payments is not going to cause the prepayment penalty fee to kick in. But there are other times that you should be aware of when it will.

Penalties usually cover the first few years of a loan, because those are the riskiest for the lender. If you refinance in the early stages of your loan term, you’ll trigger the prepayment penalty. The amount of the fee will differ based on the type of penalty fee that’s included in your mortgage contract. See the above models for an example of what that could be.

As you’re reading through your Loan Estimate and contract, be aware of the type of prepayment penalty that comes with your loan, just in case something happens and you decide to refinance and/or sell. If you’re unsure, ask your mortgage lender before signing the paperwork and ask them to walk you through the math as it applies to your type of prepayment penalty, your loan amount, your amortization and your interest rate.

Prepayment Penalty: What It Is And How To Avoid It (2024)

FAQs

Prepayment Penalty: What It Is And How To Avoid It? ›

You may trigger a prepayment penalty if you sell your home, refinance your mortgage early in the loan term, zero the balance of your loan or make a significant lump-sum payment (typically, 20% of your loan balance or more). This penalty isn't usually assessed if you make a few extra payments a year.

How to avoid a prepayment penalty? ›

One option is to try negotiating a lower fee, but the best way to avoid the penalty altogether is to switch to a different loan type or lender. Since not all lenders charge the same prepayment penalty, make sure to shop around and compare lenders to find the best mortgage option for you.

What is a prepayment penalty? ›

A prepayment penalty is a fee a lender charges to discourage a borrower from replacing their mortgage or terminating it far in advance of the scheduled term. It generally reflects a percentage of the loan principal.

Why would a lender impose a prepayment penalty? ›

As mentioned, lenders impose prepayment penalties to mitigate the loss of interest payments for the loan's full term. Remember, your lender is exposed to the most risk during the first few years of your loan term. That's because, in most cases, your down payment is only a small percentage of the home's value.

What mortgage does not allow a prepayment penalty? ›

VA, FHA, and USDA loans don't allow lenders to charge a prepayment penalty. * Points are equal to 1% of the loan amount and lower the interest rate. * Points are equal to 1% of the loan amount and lower the interest rate.

How do I avoid tax prepayment penalty? ›

Estimated tax payment safe harbor details

The IRS will not charge you an underpayment penalty if: You pay at least 90% of the tax you owe for the current year, or 100% of the tax you owed for the previous tax year, or.

How do I know if my car loan has a prepayment penalty? ›

Checking for a prepayment penalty before you sign your contract. If you're shopping for a car or auto loan, ask your lender or dealer if your contract has a prepayment penalty. You also want to review and double check your Truth in Lending (TILA) disclosures and the contract closely before signing it.

Who benefits from a prepayment penalty? ›

A prepayment penalty clause states that a penalty will be assessed if the borrower significantly pays down or pays off the mortgage, usually within the first five years of the loan. Prepayment penalties serve as protection for lenders against losing interest income.

What states do not allow prepayment penalties? ›

Most states allow lenders to impose a fee if borrowers pay off mortgages before a specific date – typically in the first three years after taking out a mortgage. While Alaska, Virginia, Iowa, Maryland, New Mexico, and Vermont have banned prepayment penalties, other states allow them with certain conditions.

Why Is prepayment a risk? ›

Prepayment risk is the risk involved with the premature return of principal on a fixed-income security. When prepayment occurs, investors must reinvest at current market interest rates, which are usually substantially lower. Prepayment risk mostly affects corporate bonds and mortgage-backed securities (MBS).

Why do lenders not like prepayment? ›

Lenders dislike prepayments because they lose out on interest charges. Prepayment essentially shortens the term of the loan, which means less interest paid. If enough borrowers prepay their loans, lenders also face increased interest rate risk, meaning the potential for investment losses.

Can I pay off my mortgage early without penalty? ›

Before paying off a loan ahead of schedule, it's important to read the fine print. Based on the terms of your loan, you could be subject to a prepayment penalty for paying off your mortgage early. Typically, loans older than three years are not subject to this type of penalty.

How to calculate prepayment penalty on a mortgage? ›

Mortgage Prepayment Penalty
  1. Outstanding balance of your mortgage.
  2. Multiply the outstanding balance of your mortgage by the annual interest rate on your mortgage.
  3. Divide the answer by 12 months per year to get the monthly interest payable.
  4. Multiply the answer by 3 (months)
  5. Current mortgage interest rate.

How can I avoid prepayment penalty on home loan? ›

How Can You Avoid Paying a Prepayment Penalty on Home Loans? If you are planning to avail of a Home Loan and think you would want to pay it before the end of its tenor, opt for a Home Loan with floating interest rates.

What is an example of a prepayment penalty? ›

Example Of A Prepayment Penalty

An interest-based mortgage prepayment penalty is charged if the loan is paid off within the first 3 years. With 6 months of interest charged, your lender would calculate $250,000 x . 05 = 12,500/12 months = $1,041.66 x 6 months = a fee of $6,250.

What is required for prepayment penalty? ›

You may trigger a prepayment penalty if you sell your home, refinance your mortgage early in the loan term, zero the balance of your loan or make a significant lump-sum payment (typically, 20% of your loan balance or more). This penalty isn't usually assessed if you make a few extra payments a year.

Can you prepay a car loan without penalty? ›

Fortunately, not all lenders will penalize borrowers, and not all states allow prepayment penalties. In some cases, you may be entitled to a partial refund or rebate, but it likely won't cover the full amount of interest you paid.

How to avoid paying early repayment fees on a mortgage? ›

How to avoid paying an early repayment charge
  1. Get a mortgage without charges. Your lender may offer a mortgage deal without early repayment charges – ask about this when agreeing your deal. ...
  2. Overpay at the right time. ...
  3. Move lenders at the right time. ...
  4. Port your mortgage. ...
  5. Avoiding the Standard Variable Rate.

How do you mitigate prepayment risk? ›

To mitigate the prepayment risk faced by investors in mortgage-backed securities, prepayment penalties are commonly imposed on homeowners who repay their home loans earlier than expected.

How to get out of a mortgage without penalty? ›

  1. Sell Your House. One of the best and fastest ways to get out of a mortgage is to sell the property and use the proceeds to pay off the loan. ...
  2. Turn Over Ownership to Your Lender. ...
  3. Let the Lender Seek Foreclosure. ...
  4. Seek a Short Sale. ...
  5. Rent Out Your Home. ...
  6. Ask for a Loan Modification. ...
  7. Just Walk Away.
Feb 22, 2021

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