Prepayment Penalty

Posted By: Baxter

Prepayment Penalty - 07/06/22 05:26 PM

Does Florida allow prepayment penalties to be assessed on mortgage loans? I see limitations if it is a HCML, which this is not. I've found the following, which leads me to believe that we can.

INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE
697.06 Prepayment of note.—Any note which is silent as to the right of the obligor to prepay the note in advance of the stated maturity date may be prepaid in full by the obligor or her or his successor in interest without penalty.
Posted By: rlcarey

Re: Prepayment Penalty - 07/06/22 06:16 PM

I do not think that authorizes a prepayment penalty; it just says what happens if the note is silent on the ability to repay.. As far as I can tell, Florida State law does not address prepayment penalties. Check with your legal counsel.