Legal Question in Consumer Law in Florida

pre payment penalty

we were mislead into a refi and i questioned the loan office numerous times about the 4 pay option and no response. we are getting into alot of negative equity

we want to refi so we can get ahead our loan says pre pay penalty but the loan was sold the first month after we settled why do we have a pre pay if they sold our loan we need help


Asked on 5/05/07, 7:51 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: pre payment penalty

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The assignment of the loan by the lender does not negate the prepayment penalty clause. Generally, the prepayment penalty lasts for a period of 0 - 3 years depending on the terms of your mortgage. You probably got lower interest rates as an inducement to enter into this kind of loan.

I would suggest that you consult a real estate attorney to review the terms of your mortgage to determine what options might be best for you. The attorney may be able to negotiate a new mortgage with the new lender without the penalty.

Scott R. Jay, Esq.

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Answered on 5/05/07, 8:00 pm


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