I would like to know about prepayment penalties on second mortgages in the state of Washington. I have heard that it is against the law in the state of WA to charge anymore than $550.00 for paying off a second mortgage early. Please give me a specific law code number if this is true.
State specific questions can be difficult, but here is something. An authorized lender may not collect a prepayment penalty on the following loans:
(a) Any nonmortgage loan made at rates authorized by the act; or
(b) Any junior lien mortgage loan made at rates authorized by the act; or
(c) Any loan made by a licensee that is not a "creditor" under DIDMCA.
This is according to the Washington Administrative Code (WAC) § 208-620-560(7). This link takes you directly to this section of the code.
An authorized lender must provide a borrower or potential borrower with a disclosure of whether or not the loan contains a prepayment penalty within 3 days of receipt of a loan application. WAC §208-620-510(1).
There was nothing found with reference to a cap of $550 or any amount. There could be a court case or legal opinion that created this amount, but it isn't in the state Code.
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