Prepayment Penalty Clause

the due-on-sale clause as imposing a form of prepayment penalty; the clause both com-pels prepayment when the real estate is sold and also requires the borrower to pay at par (i.e., the face amount of the loan balance) when in reality the loan may have a consider-ably lower market value because of increases in market interest rate.

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Definition of PREPAYMENT CLAUSE: A Clause in some loan agreements that allows borrowers to settle the loan amount before the end of the loan term and not incur any prepayment penalties. The Law Dictionary Featuring Black’s Law Dictionary free online legal dictionary 2nd ed.

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I did this on each of my mortgages when buying my current house. Each time I refinanced my mortgage, I requested an amortization schedule and a non-prepayment penalty clause to shorten my repayment.

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PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law.

2. The borrower has been given, at least 3 business days prior to the loan consummation, a written disclosure of the terms of the prepayment fee or penalty by the lender, including the benefit the borrower will receive for accepting the prepayment fee or penalty through either a reduced interest rate on the loan or reduced points or fees.

If your lender has included any prepayment penalty clause in your loan, it will be there in your loan estimate and also in your closing documents. This is why you must read your loan documents properly to avoid any unforeseen events and surprise expenses. The clause about the penalty might be hidden in the section called the Addendum to the Note.

A prepayment penalty is a fee you’ll have to pay if you pay back your loan ahead of the predetermined schedule. If the terms of your loan include a prepayment penalty clause, then you’ll be penalized if you pay off your debt early. Typically, a prepayment penalty fee is a percentage of your loan’s total remaining balance.

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