Legal Question in Real Estate Law in California

pre-payment penalties

Whatisthemaximum amount of years in a pre-payment mortgageloan payment? 5years?


Asked on 12/17/02, 8:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: pre-payment penalties

Since 1/1/76 principal and interest on a loan for a single family owner-occupied property can be prepaid. A penalty is permissible if the prepayment is within five years, or seven years if a loan broker was responsible for the loan. The penalty cannot exceed six months interest.

Further, up to 20% of such a loan is exempt; only the prepayment in excess of 20% of the original principal is subject to penalty.

So, the answer can be five or seven, depending upon whether a loan broker was used.

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Answered on 12/18/02, 2:35 pm


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