is it mortgage broker responsibility to to get an idea of range my penalty fee ($5,000 or $30,000) ?


I lately refinanced and my mortgage broker told me that my prepayment penalty charge will be $5,000 (he thought I have a variable rate he didn’t know I had a fixed rate, he actually did my first mortgage too), was it his responsibility to check my first mortgage if I have a fixed or variable rate to get an idea of my penalty fee?


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Answered 11 months ago
Joe Duane


The prepayment penalty should have been discovered on the pay-off/Demand. You should know before hand (before the file closes escrow vs. after close).

Your LO, should help obtain and interpret information so you know what you are getting (NO SURPRISES). As far as the LO not remembering, I’d like to think I remember every client’s loan specifics, but sometimes I’m wrong too.

Answered 12 months ago


Not easy to find loans still in force today that have prepayment penalties, you must have had that for a while. Prepayment penalties are explicitly spelled out in closing documents when borrowers close loans with those penalties, if you have that paperwork it will tell you the amount, and duration of the prepayment penalty. If you don’t have that paperwork, calling your current servicer or ordering a payoff on your current loan will also reveal if you have a pre-pay, and how much it is. Keep in mind that the LONGEST I’ve ever see a prepayment penalty in force for is 5 years, and very few loans written since 2009 have prepayment penalties. Yes, a responsible lender will break down the payoff for their clients, particularly if there is an additional charge like a prepayment penalty. As far as the “fixed versus adjustable rate”, that’s shown on your mortgage statement every month, which I presume your lender requested from you, and a pre-payment penalty is not based on whether your rate is fixed or adjustable. Hope this helps, I’m a little hazy on your exact situation. Feel free to give me more details if you’d like some more advice. Thanks, Ted

Answered about 1 year ago
Ted Rood
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