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mortgage contract

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Q

question01

Guest
I live in Orlando, FL. I am going to refinance my home. Yesterday, I signed all the necessary documents. However, today the Title company called me to let me know there was a change. Basically, a prepayment penalty clause was added. It says that if I make a full prepayment or a partial prepayment, I will incur in a prepayment charge if within three years of the execution of the note (that I assume is the date we signed the docs) I prepay an amount in excess of 20% of the note's original principal balance in any 12-month period. The charge will be 6 months' advance interest....
In the Truth-in-lending disclosure statement says that if I pay off the loan earlier, I will not be entitled to a refund of part of the finance charge.
How do these statements affect my contract??? Should I sign? What alternatives do I have.
I have no problem if it is for 3 yrs, but why isn't it specified in the truth lending as well?

Thank you in advance
 


ALawyer

Senior Member
This is one you should ask the lender. The reality is if this is a no or low points loan they want to make sure they can earn enough interest to recover their costs should you decide to pay it off early. Why they didn't do that upfront is troublesome. Presumably you have the right to say forget it. But I'd complain, loudly.
 

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