Glossary · Structure

Prepayment penalty

Also called: prepayment premium, prepayment fee, prepay penalty, exit fee

Defined by the Research desk, The Lender Report · Sources reviewed

A charge a loan agreement sets for paying off some or all of the principal before a stated date. Common forms are a step-down schedule, yield maintenance and defeasance.

A prepayment penalty pays the lender for interest it expected and will not receive. The OCC’s handbook explains the reason: without one, borrowers tend to refinance when rates fall, which cuts the bank’s margin. So fixed rate loans often carry one, and its size and form are open to negotiation before you sign.

The forms differ a great deal in cost. A step-down schedule charges a percentage that falls each year. Yield maintenance and defeasance, used on agency and securitized loans, make the investor whole for the remaining term. Fannie Mae’s servicing guide describes its usual charge as the greater of 1 percent of the balance or yield maintenance.

SBA loans have their own rules. A 7(a) lender may not charge a prepayment fee, but on loans of 15 years or more the borrower owes SBA a subsidy recoupment fee when voluntary prepayments in any of the first three years exceed 25 percent of the balance: 5 percent in year one, 3 in year two, 1 in year three. Prepaying $400,000 of a $1,000,000 loan in year two costs $12,000. A 504 loan carries whatever premium its note sets.

How it shows up in the data here

Not shown on this site. Call reports, credit union filings and SBA loan rows carry no prepayment terms, and HMDA collects a prepayment penalty term only for loans under the consumer rules, which most business-purpose and multifamily loans are not. The terms are in the lender's term sheet and note, so ask each lender on your list. Start the list with loan comps, and for SBA loans with SBA 7(a) lenders.

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Related terms

Sources

  1. OCC Comptroller's Handbook, Commercial Real Estate Lending, Version 2.0 (Interest Rate Risk, p. 13), published .
  2. 13 CFR 120.223, Subsidy recoupment fee payable to SBA by Borrower, retrieved .
  3. 13 CFR 120.940, Prepayment of the 504 loan or Debenture, retrieved .
  4. SBA SOP 50 10 8.1, Section A, Chapter 4 (Subsidy Recoupment Fee; Prohibited Fees), effective .
  5. Fannie Mae Multifamily Guide, Part V, Chapter 2, Section 213, Prepayment Premium Sharing, retrieved .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.