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Watch out for mortgage prepayment penalty

Dear Money Matters,
I have bad credit, and bought a home last year. The lender said I couldn't pay off the loan in advance until I'd had the loan for at least two years. Have you ever heard of anything like this before? -- Cass

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Dear Cass,
I consulted with my friend and colleague Peter Miller, a real estate specialist and the author of The Common Sense Mortgage. Peter suggests your situation may involve some sort of prepayment penalty. This, as the name implies, socks you with a fee should you pay a loan off faster than the prescribed payment schedule. Nor is it a mere slap on the wrist; some prepayment penalties add up to six months' interest, which can means thousands of dollars out of your pocket.

Many states place limits on prepayment penalties. So your first step should be to call your state banking commission to see if prepayment penalties are allowed where you live and, if so, how large they can be. In fact, the subject of prepayment penalties is something that every mortgage shopper should bear in mind.

All too often, mortgage holders complain that they were never informed about a prepayment penalty before they signed on for a loan. So, if you're thinking about refinancing your current mortgage or buying a new home, make certain you ask about any sort of prepayment considerations that may apply.

The other issue to be aware of is your comment about bad credit. Prepayment penalties aside, Peter also suggests that your lender may have built additional limitations into your mortgage. If, indeed, you did have credit problems, your lender may have thought it prudent to protect itself through other contractual elements.

If you think that may be the case, review your mortgage carefully or, for a particularly thorough examination, hand it off to an experienced real estate lawyer. If you have any additional concerns or comments, you may also want to contact the consumer affairs department of your local district attorney's office.

 

Bankrate.com's corrections policy-- Posted: April 9, 2002
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