What Is a Prepayment Penalty on a Loan?
While paying off your loan early might save you hundreds or even thousands of dollars in interest, you may incur a cost if your loan contains a prepayment penalty.
Prepayment fines are becoming less widespread as a result of federal law. Indeed, many mortgages do not have a prepayment penalty. However, some types of loans, including certain mortgages, may impose prepayment penalties. Therefore, it is critical that you understand if yours does and what to anticipate if it does.
What Is a Penalty for Early Payment?
Prepayment penalties are costs that certain lenders may charge borrowers who return a portion or the whole of their loan earlier than specified in the loan agreement’s conditions.
Certain borrowers lower their interest expenses by making extra-large mortgage payments, often with the intention of paying off the loan altogether in a shorter period of time.
“The sooner you pay off the loan, the less interest you’ll pay,” says Michael Sullivan, a Take Charge America personal financial counselor. “So the less the loan costs, the less the home costs.”
Other borrowers may repay the loan early as a result of selling their house or refinancing.
The borrower should never be surprised by prepayment penalties. A lender cannot impose a prepayment penalty unless it was included in the loan’s initial conditions. In other words, upon accepting the loan conditions, the borrower must agree to this provision.
“Prepayment penalties are only applicable to certain kinds of loans. Even then, purchasers must be provided with a no-prepayment choice. They are never necessary,” according to Dan Green, CEO of Homebuyer.com in Austin, Texas.
Prepayment Provisions in Bankruptcy: Premiums or Penalties?
Commercial loan documents typically contain a prepayment penalty. Sometimes, it is referred to as”a “yield maintenance clause,“”exit fee,” or “prepayment penalty,” these clauses are often cited by lenders, and are contested by borrowers both inside and outside of bankruptcy cases.
Prepayment premiums can be a percentage of outstanding debt, a fixed fee, or calculated that is based on the difference between the contractual percentage of interest and market rate at the date when the loan is due.
Prepayment premiums with BankruptcyHQ are enacted not just when the borrower chooses to pay the debt prior to the date of maturity, but also in the event of a default as well as the lender’s acceleration obligations. Prepayment costs can be claimed on top of late fees and interest, as well as attorneys’ fees, interest on default and other expenses of collection.
The lender claims that the collection of a premium for prepayment is an offer to purchase consideration for and is due under the terms of loan. They also claim that the fees and rates included in the agreement are negotiated by sophisticated parties who are typically advised by counsel. The lenders claim that the prepayment fees protect lenders from the damages they incur when they are unable to pay by the borrower. They are intended to ensure the lender reaps the benefits in the bargain. They argue that without implementation of the prepayment clauses lenders cannot safeguard them from the inherent risk of lending, including changes in market conditions that are not anticipated when the loan is granted.
In the face of millions of dollars in penalties for prepayment, borrowers claim that lenders waive their right to a premium for prepayment when it increases the term of the note and the prepayment charges are unreasonable that have no connection to the lender’s claims for damages. The borrowers claim that the prepayment fees are not enforceable.
In a growing number of cases, courts are considering the validity of these laws as well as under state law as well as in bankruptcy.
Why Do Lenders Charge Penalties for Early Payment?
While prepaying a debt nearly always benefits the borrower, it is not always beneficial to the lender. When a borrower repays a loan early, he or she deprives the lender of months or years of interest that the lender would have collected otherwise.
“Remember that lenders earn money by lending you money,” says Cynthia Meyer, a Gladstone, New Jersey-based fee-only certified financial planner with Real Life Planning. “The interest you pay on your mortgage or loan is a source of income for the lender. On the lender’s records, the outstanding principal is an asset.”
As a result, some lenders impose prepayment penalties in order to dissuade you from repaying your mortgage early. The longer you wait to repay your mortgage, the more interest the lender earns.
“The lender assesses a prepayment penalty to disincentivize early repayment of the whole loan sum,” Meyer explains. “This disincentivizes borrowers from renewing a loan rapidly during times of dropping interest rates,” explains a mortgage provider.
[READ: Mortgage Refinance Lenders with the Best Rates.]
Which Loans Are Subject to Prepayment Fees?
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act imposed additional regulations on mortgage lenders and servicers, including tougher prepayment penalty rules.
The Consumer Financial Protection Bureau was charged with enforcing the new restrictions after the act’s passage. As a consequence, prepayment penalties on certain kinds of mortgages have been forbidden since 2014.
Dodd-Frank Act provisions “generally prohibit prepayment fines,” according to the Federal Register, with the exception of certain fixed-rate qualifying mortgages when the penalties meet specified criteria and the creditor has given the customer an alternative loan without such penalties.”
Prepayment penalties are not permitted on FHA, VA, or USDA loans.
Prepayment penalties cannot be enforced on lenders who do levy these fees beyond the first three years of the loan term.
Prepayment penalties do not apply to student loans, although certain personal and commercial loans may, depending on the lender.
What Are the Costs of Prepayment Penalties?
Prepayment penalties are limited in the amount that your lender may charge you.
Prepayment penalties cannot exceed 2% of the first two years of the loan and no more than 1% of the outstanding loan balance during the third year of the loan. Your lender sets the amount of prepayment penalties you may incur. The precise amount varies per lender.
A sliding scale based on the duration of your mortgage is one of the most prevalent techniques of incurring a prepayment penalty. For instance, if you pay off your mortgage in the first year, you may owe 2% of the loan’s outstanding principal sum. If you wait until the second year to repay the loan, you may be subject to a penalty equal to 1% of the mortgage total.
Certain lenders may simply pick a percentage of the total loan sum and apply it uniformly as a prepayment penalty charge.
“Lenders may also impose a predetermined penalty or impose a certain number of months of interest,” Meyer explains.
What Are the Advantages of Loan Prepayment?
Prepaying a debt may result in significant interest savings of hundreds or thousands of dollars. Additionally, since you are paying less interest, the loan will be less expensive.
“In essence, prepaying a loan saves you money on the purchase of the house,” Sullivan explains.
Paying off your mortgage frees up funds in your budget that would have been used to make your monthly loan payment otherwise.
“When it comes time to pay for your child’s education or prepare for retirement, you’ll have additional cash on hand because you’ve made those home prepayments,” Sullivan says.
Should You Take a Prepayment Charged Loan?
According to Sullivan, it is unlikely that the majority of individuals would benefit from taking out a loan with a prepayment penalty.
“The advantages would have to be substantial enough to compensate for the danger,” he explains.
Even if you carefully assess the advantages and disadvantages, the danger of incurring a prepayment penalty may wind up being greater than it looks. For example, you may intend to remain in your property for three years or more after purchasing it, eliminating any possibility of being charged a prepayment penalty. However, circumstances might change.
“Nobody can predict their own or family members’ health, employment conditions, or catastrophic tragedies,” Sullivan adds.
These risks highlight the possible disadvantages of taking out a prepayment loan.
Meyer notes that there may be circumstances in which paying a prepayment penalty makes sense, particularly if “you are ready to take the risk of a prepayment penalty in exchange for a reduced interest rate.”
However, you may discover that evaluating the benefits and drawbacks of the reduced rate against the prepayment penalty makes such a loan seem less appealing than it first looks. “It is not rational for everyone,” Meyer explains.
Green asserts that prepayment penalties on loans are not a good bargain for customers and that it is never a smart idea to take out a loan with a prepayment penalty.
“Prepayment penalties are unfavorable to consumers,” he argues. “Choose a superior alternative.”
How Can You Avoid Prepayment Penalties on Loans?
It is critical that you understand the conditions of your loan and any prepayment penalties that may apply. It is critical to understand what is included in your contract – and which activities may result in a prepayment penalty – in order to avoid incurring one of these costs.
“When a prepayment penalty is applicable, it is triggered when the loan is completely paid off via a house sale or refinancing,” Green explains. “Prepayment penalties on certain loans are also triggered when the homeowner reduces the debt by 20% or more.”
Lenders are required by law to declare if they levy prepayment penalties and how they calculate them.
“When you acquire a house or investment property, you must commit to a prepayment penalty,” Meyer explains. “It does not emerge miraculously once the loan is closed.”
Before signing any agreements, carefully read the loan estimate and accompanying documentation to ensure you understand what you’re getting into, since conditions might differ across lenders. Additionally, take note of any unusual circumstances in which prepayment penalties may be waived.
“It is not uncommon for prepayment provisions to include exclusions from the penalty if the residence is sold,” Meyer explains.
Ask your lender whether the loan includes prepayment penalties and to show you where the relevant information is placed in the paperwork if you are not aware of the conditions.
Certain lenders openly promote as a benefit that their products do not impose prepayment penalties, so if you’re looking to avoid paying this price, you may choose to apply with one of such lenders.
When Is the Cost of a Prepayment Penalty Justifiable?
Green asserts that there is virtually never a favorable moment to pay a prepayment penalty. However, there are times when you may not have a choice.
“When you’re forced to sell, you’re forced to sell,” he explains. “At such moments, all alternatives smell.”
As a result, you may be required to pay a penalty in order to continue living your life under such situations.
According to Meyer, paying a prepayment penalty may make sense if you do the figures and discover that refinancing to a lower rate still saves you money after accounting for the prepayment penalty. Another circumstance in which paying the penalty may be beneficial is when you own a highly valued property and want to use the proceeds to acquire another property, which Meyer notes is a popular tactic in rental property investment.