Mortgage Prepayment Penalties
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When people take out a five year mortgage the last thing they think about is paying it out before the five years are up. Very often that is exactly what happens. Not because they suddenly become independently wealthy by winning the lottery, but because they move. Our society is much more mobile than generations past.
A mortgage is a contract with a financial institution for a certain interest rate for a certain period of time. Most often it will involve a fixed rate of interest for a fixed time. As a consumer we like the certainty of knowing that we will not have to increase our house payment because interest rates go up. We therefore want a fixed rate of interest. The financial institutions also like to know that they will have a fixed income on their investment. If the consumer has no risk of higher payments if interest rates go up, the financial institution should equally have no risk of receiving less if the interest rate goes down. If interest rates go down the consumer cannot take advantage by getting a new mortgage at the low rate and paying out the old mortgage.
If a consumer breaches their end of the deal by paying out the mortgage early or by paying down the principal faster than agreed the financial institution will lose money and will want to be paid the lost amount. Each financial institution will have certain allowable early payment provisions in their mortgage contract. If the consumer wants to pay more than is permitted it creates what is referred to as a prepayment penalty. This is really not so much a penalty as just recovery by the financial institution of the damages they have suffered by reason of the consumer breaching the contract.
Most financial institutions will permit a consumer to increase their regular payment and to pay a percentage of the original principal of the mortgage each year without penalty. The percentage varies with each institution and the privilege can be cumulative over the year or can be limited to a one-time payment during the year. Also most institutions will permit a consumer to port a mortgage. Porting a mortgage means, that if you borrow from the financial institution on a different property at the same interest rate for the time remaining on your mortgage, they do not charge the penalties for discharging the first mortgage.
Payment of all the interest that would be owing to the end of the term of a mortgage on early repayment would over compensate the financial institution. The loss to the financial institution is based on the loss resulting from having to lend the money out at a lower rate to someone else. Financial institutions cannot lend an infinite amount of money but are limited by regulations tying the amount lent to their reserves.
If you pay out your mortgage prior to its maturity date the loss to the financial institution will be the interest differential between what you would have paid and what someone else will pay the bank and will be at a minimum an amount to compensate the financial institution for the administrative cost of having to process a new mortgage. The minimum is usually three months interest but this can vary.
Repayment of cash-back on early payment of the mortgage in addition to prepayment penalties is unjustified. The calculation of prepayment penalties puts the financial institution back where they would have been if the consumer carried the mortgage full term, including the benefit of charging a higher interest rate because of the cash-back. However, most mortgage contracts include the repayment of a portion of the cash-back in the event of early repayment.
Payout penalties can be justified as being fair, but because consumers do not think about payout penalties when they first negotiate the terms of a mortgage the penalties seem harsh when it comes time to pay them.