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

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? ›

The Consumer Financial Protection Bureau defines a prepayment penalty as a fee that some lenders charge if you pay off your loan early. Keep in mind that a borrower who applies periodic lump-sum payments toward their mortgage or pays it off in full prevents a lender from earning interest income.

How to avoid prepayment penalty? ›

They can also choose not to charge this fee on conventional loans, so it makes sense to take out a loan from a lender that doesn't impose the penalty. Another way to avoid prepayment penalties is by holding off on refinancing or selling your home until the prepayment penalty period — usually three years — has passed.

What is the prepayment penalty? ›

What Is A Prepayment Penalty? A mortgage prepayment penalty is a fee that some lenders charge when you pay all or part of your mortgage loan off early. The penalty fee is an incentive for borrowers to pay back their principal slowly over a longer term, allowing mortgage lenders to collect interest.

What is a prepayment penalty charge? ›

A prepayment penalty is a charge that lenders impose if you pay off a part of your personal loan much before your schedule. For example, an individual has taken a personal loan and has been paying the EMIs for the past 2 years. Now, he has decided to pay off a part of his loan.

What is a prepayment penalty quizlet? ›

Prepayment penalty clause. A penalty may be charged for early payment on the mortgage. Acceleration clause. Authorizes the mortgagee to accelerate or advance of the due date of the entire unpaid balance if the mortgage or fails to fulfill any promises stated in the mortgage instrument.

How do you negotiate a prepayment penalty? ›

Can I negotiate the prepayment penalty out of my contract? Some lenders may be willing to remove the prepayment penalty clause from your mortgage contract or reduce the number of years that the penalty applies. Any contract negotiations must be finalized before closing.

How do you handle prepayments? ›

Implementing prepayments accounting

Here's how you can optimise your prepayments accounting process: Amortisation – Instead of recording prepayments as an expense all at once, amortise them over the relevant period. This approach aligns expenses with the time frame during which the benefits are realised.

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 is an example of a prepayment? ›

Some examples of prepayment include: Purchasing goods or services as prepaid assets: you might purchase office supplies in bulk, for instance, and pay for them upfront. Repaying the interest on a business loan: you might take out a loan, and make an upfront payment to cover the first few months' worth of interest.

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).

What states are prepayment penalties illegal? ›

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.

What is a 54321 prepayment penalty? ›

For example, if a lender charges a 54321 prepayment penalty, this means that if the borrower makes an unscheduled principal payment in the first year after the loan is originated, the borrower will be charged 5% of the outstanding balance.

What does prepayment penalty rate mean? ›

A prepayment penalty is a fee that your mortgage lender may charge if you: pay more than the allowed additional amount toward your mortgage. break your mortgage contract. transfer your mortgage to another lender before the end of your term.

What is prepayment penalty examples? ›

Example of a prepayment penalty

Now, interest rates have dropped much lower, and you want to refinance to lower your monthly payments. “In this case, because you are refinancing within the first two years of the loan, you would be charged a $4,000 penalty — equating to 2 percent of your balance,” says Bulger.

What is prepayment penalty structure? ›

This fee is typically structured as a percentage of the remaining loan balance. For example, a loan might have a fixed prepayment penalty of 3%. In this situation, the borrower would have to pay back the remaining balance plus 3% of the same if they wanted to pay off the loan in full.

When may a lender charge a pre payment penalty ______? ›

For many kinds of new mortgages, the lender can't charge a prepayment penalty—a charge for paying off your mortgage early. If your lender can charge a prepayment penalty, it can only do so for the first three years of your loan and the amount of the penalty is capped.

What type of loan Cannot contain prepayment penalties? ›

The one bright spot for borrowers is that allowing a prepayment penalty clause in a loan often results in a slightly lower interest rate. Prepayment penalties can be avoided in most cases today. FHA loans never include these penalties, in fact.

Can you pay off a 72 month car loan early? ›

Can you pay off a 72-month car loan early? Yes, you can pay off a 72- or 84-month auto loan early. Since these are long repayment terms, you could save considerable money by covering the interest related to a shorter period of time.

What states don't 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.

Can you prepay a car loan without penalty? ›

Not all states allow prepayment penalties — and no lender can charge one on a loan term over 60 months. But if your contract already has one, there are ways to work around it. Start by getting in touch with your lender and asking for payments to be applied differently. If that doesn't work, consider refinancing.

Top Articles
Latest Posts
Article information

Author: Stevie Stamm

Last Updated:

Views: 6063

Rating: 5 / 5 (60 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Stevie Stamm

Birthday: 1996-06-22

Address: Apt. 419 4200 Sipes Estate, East Delmerview, WY 05617

Phone: +342332224300

Job: Future Advertising Analyst

Hobby: Leather crafting, Puzzles, Leather crafting, scrapbook, Urban exploration, Cabaret, Skateboarding

Introduction: My name is Stevie Stamm, I am a colorful, sparkling, splendid, vast, open, hilarious, tender person who loves writing and wants to share my knowledge and understanding with you.