Prepayment Penalty

A prepayment penalty is usually specified in a clause in a mortgage contract stating that a penalty will be assessed against the borrower if she significantly pays down or pays off the mortgage before term, usually within the first five years of committing to the loan.

The penalty is sometimes based on a percentage of the remaining mortgage balance, or it can be a certain number of months' worth of interest. Prepayment penalties protect the lender against the financial loss of interest income that would otherwise have been paid over time.

Prepayment penalties are written into mortgage contracts by lenders to compensate for prepayment risk, particularly in difficult economic climates and under circumstances when the incentive for a borrower to refinance a subprime mortgage is high. These penalties don't only kick in when a borrower pays off the entire loan. Some penalty provisions go into effect if the borrower pays a large portion of the loan balance in a single payment.

Adding a prepayment penalty to a mortgage can safeguard against early refinancing or a home sale within the first five years after closing on a mortgage when a borrower is considered a risk to the lender. Alternatively, prepayment penalties might be added as a way to recoup some profit when a mortgage is advertised with a lower-than-average interest rate.

Mortgage lenders are required to disclose prepayment penalties at the time of closing on a new mortgage. Such penalties can't be imposed without a borrower's consent or knowledge. The borrower should be made aware of any potential for prepayment penalties well before closing on a loan, but should ask their lender about them before then if unsure.

A prepayment penalty that applies to both the sale of a home and a refinancing transaction is called a "hard" prepayment penalty. A prepayment penalty that applies to refinancing only is referred to as a "soft" prepayment penalty.

Prepayment penalties vary between lenders, which is why borrowers should be diligent about asking for and fully understanding the prepayment disclosure document prior to closing. Prepayment penalties can be set as a fixed amount or a percentage of the remaining mortgage balance, or they may be assessed on a sliding scale based on the length of time the mortgage has been in place.

Some lenders impose a penalty when a refinance or sale of the home is completed within the first two to three years of the original mortgage, while others charge a fee when the balance is paid off within the first five years.

A homeowner decides to refinance her two-year-old mortgage with a remaining balance of $250,000. She would pay $10,000 to the original lender for paying off the mortgage early if there is a prepayment penalty of 4%. Borrowers should be aware of the specifics of their lender's prepayment penalties because they can substantially increase the cost of refinancing a mortgage or selling a home.