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#90912 - 06/24/03 12:56 AM State by State Prepayment Penalty Matrix
Anonymous
Unregistered

Can someone share or refer me to a website where it contains prepayment penalty provisions for each state? Thanks.

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#90913 - 06/24/03 02:35 PM Re: State by State Prepayment Penalty Matrix
CSpellman Offline
100 Club
Joined: Nov 2000
Posts: 176
Don't know of any free web site/service that provides that information. You might want to check out allregs They provide all 50 state laws relating to mortgage transactions. I think this is the only service that does it. It's rather expensive but if you have the volume, I don't know how you can do without it...
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...but I saved a lot on my auto insurance

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#90914 - 06/24/03 07:39 PM Re: State by State Prepayment Penalty Matrix
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
For Indiana:

XI.G.: Prepayment Penalties

First Lien Mortgage Loans

There is generally no restriction on a lender's ability to charge a prepayment penalty on a first lien mortgage loan.

Second Lien Mortgage Loans

Under the Uniform Consumer Credit Code, a lender may contract for a prepayment penalty not exceeding 2% of the net unpaid principal balance, after deducting all required refunds and rebates as of the date of prepayment, which may be imposed within 60 days after prepayment, if prepayment-in-full occurs on or before the third anniversary date of the loan contract. See Ind. Code §24-4.5-3-209. A prepayment penalty may not be charged, however, if the loan is refinanced or consolidated with the same creditor, or if it is prepaid by insurance proceeds or as a result of acceleration upon default. See id. See also Section IX, above.

Upon prepayment-in-full of a precomputed second lien mortgage loan having a term over 61 months, the borrower must receive a rebate of the unearned finance charge. See id. at §24-4.5-3-210(10). The rebate must be computed by applying the disclosed annual percentage rate to the unpaid balances of the amount financed for the full computational periods following prepayment, as originally scheduled or deferred. See id. On other precomputed second lien mortgage loans, the rebate may be computed in accord with the Rule of 78s. See id. at §24-4.5-3-210(3). No rebate need be made if the amount is less than $1. See id. at §24-4.5-3-210(1).

(Above infomation obtained from Allregs.)
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The opinions expressed are mine and they are not to be taken as legal advice.

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