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A prepayment penalty clause is common in mortgage contracts, and it specifies that if the borrower pays down or pays off the mortgage early, usually within the first five years of the loan, a penalty will be levied.
Eleven states generally prohibit prepayment penalties on residential first mortgages. These include Alabama, Alaska, Illinois (if the interest rate is over 8%), Iowa, New Jersey, New Mexico, North Carolina (under $100,000), Pennsylvania (under $50,000), South Carolina (under $100,000), Texas, and Vermont.
To be enforceable, prepayment premium provisions should: (1) make clear that the borrower is obligated to pay in the event of default and acceleration; (2) state that damages for early termination are not easily ascertainable, and (3) make clear that the provision is intended to compensate the lender for the actual ...
Some states go so far as to ban prepayment penalties on all types of loans. But some banks are regulated by federal law, not state law, so it's important to do your research and talk to your lender so you know which policies apply to your loan.
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.
Eleven states generally prohibit prepayment penalties on residential first mortgages. These include Alabama, Alaska, Illinois (if the interest rate is over 8%), Iowa, New Jersey, New Mexico, North Carolina (under $100,000), Pennsylvania (under $50,000), South Carolina (under $100,000), Texas, and Vermont.
Prepayment penalties are not permitted on any Loan. A Loan may provide for a late charge in an amount not to exceed 5% on payments that are 15 days or more past due. The full principal amount of the Loan must be advanced to the borrower or at his direction at the closing.