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Mortgage prepayment penalties and payoff statements, explained

A prepayment penalty is a charge for paying a mortgage off early. This page sets out what the CFPB and Regulation Z say about when one is allowed, where to find it in your papers, and how to ask for a payoff statement.

The short version: The CFPB says whether you can be charged a penalty for paying off your mortgage early depends on the type of mortgage and its terms, and that any penalty must have been disclosed in your loan documents.[1] Under Regulation Z, a covered mortgage may carry a prepayment penalty only if the penalty is otherwise permitted by law, the rate cannot increase, the loan is a qualified mortgage of one of the types listed in § 1026.43(g)(1)(ii) and it is not a higher-priced mortgage loan; the penalty cannot apply after three years and is capped at 2 percent of the balance prepaid in years one and two and 1 percent in year three.[3] A servicer must send an accurate payoff statement no more than seven business days after a written request, with listed exceptions.[5]

What this term means: Regulation Z defines a prepayment penalty for a closed-end loan as “a charge imposed for paying all or part of the transaction’s principal before the date on which the principal is due,” other than a waived, bona fide third-party charge imposed if the consumer prepays all of the principal sooner than 36 months after consummation.[4] The CFPB says your payoff amount is what you must pay to satisfy the loan completely, and that it is different from your current balance.[2]

Where a penalty shows up in your documents

What Regulation Z limits

The federal limits are in 12 CFR § 1026.43(g), part of the ability-to-repay rule. “Covered transaction” there means a consumer credit transaction secured by a dwelling, other than the exempt transactions listed in paragraph (a).[3]

QuestionWhat § 1026.43(g) says
When may a covered loan include a penalty?Only if the penalty is otherwise permitted by law, and the loan has an annual percentage rate that cannot increase after consummation, is a qualified mortgage under the listed paragraphs, and is not a higher-priced mortgage loan.[3]
For how long?A penalty “must not apply after the three-year period following consummation.”[3]
How large?No more than 2 percent of the outstanding loan balance prepaid if incurred in the first two years after consummation, and no more than 1 percent if incurred in the third year.[3]
Must a no-penalty offer exist?A creditor must not offer a covered loan with a prepayment penalty unless it also offers an alternative without one that has an annual percentage rate that cannot increase and the same type of interest rate (fixed or step-rate), the same loan term and other listed features, and that the creditor believes in good faith the consumer likely qualifies for.[3]
What if a mortgage broker is involved?The creditor must present the broker with a no-penalty alternative and establish by agreement that the broker must present one to the consumer.[3]
When does the rule apply?Only if the loan is consummated with a prepayment penalty. It is not violated if a loan closes without one or if no loan is made.[3]

A separate rule bars prepayment penalties on high-cost mortgages; see our guide to HOEPA and the high-cost mortgage triggers.

Getting a payoff statement

After you pay off the loan

If a paid-off mortgage still shows as outstanding on your credit report, the CFPB says to file a dispute with the credit bureaus about the error. It also says you can file a complaint with the CFPB online, or call (855) 411-CFPB (2372) to file a complaint and be connected to a HUD-approved housing counselor.[7]

How to verify this yourself

Read § 1026.43(g), § 1026.32(b)(6), § 1026.37(b) and § 1026.36(c)(3) in the eCFR (references 3 to 6) and the CFPB pages (references 1, 2 and 7). For your own loan, the Note and any Addendum to the Note are the source for whether a penalty applies. To check the person you are working with, use our guide to verifying a loan officer’s NMLS license. Our published standard covers how we check loan originators, and the Register shows that method; neither reviews a lender’s or servicer’s handling of your loan.

What this page does not cover

This page is general information, not legal advice. It does not calculate any penalty, discuss whether to pay off a loan early, or cover state limits on penalties, which vary. The CFPB prepayment page was last reviewed 11 September 2024 and the payoff page 28 August 2026. This page was last reviewed 6 October 2026.

Your next step

Find the prepayment-penalty line on your Loan Estimate and the Note, and if you plan to pay off the loan, send your servicer a written request for a payoff statement as of a specific date. Then return to the Mortgage help library for related guides.

What you can do next

References

  1. CFPB, “Can I be charged a penalty for paying off my mortgage early?” (Mortgages, last reviewed 11 September 2024): www.consumerfinance.gov/ask-cfpb/can-i-be-charged-a-penalty-for-paying-off-my-mortgage-early-en-204/.
  2. CFPB, “What is a payoff amount and is it the same as my current balance?” (Mortgages, last reviewed 28 August 2026): www.consumerfinance.gov/ask-cfpb/what-is-a-payoff-amount-and-is-it-the-same-as-my-current-balance-en-205/.
  3. eCFR, 12 CFR § 1026.43, “Minimum standards for transactions secured by a dwelling” (Regulation Z) (eCFR, current text through its 2 October 2026 issue date): www.ecfr.gov/current/title-12/part-1026/section-1026.43.
  4. eCFR, 12 CFR § 1026.32, “Requirements for high-cost mortgages,” paragraph (b)(6) (definition of prepayment penalty) (eCFR, current text through its 2 October 2026 issue date): www.ecfr.gov/current/title-12/part-1026/section-1026.32.
  5. eCFR, 12 CFR § 1026.36, “Prohibited acts or practices and certain requirements for credit secured by a dwelling,” paragraph (c)(3) (payoff statements) (eCFR, current text through its 2 October 2026 issue date): www.ecfr.gov/current/title-12/part-1026/section-1026.36.
  6. eCFR, 12 CFR § 1026.37, “Content of disclosures for certain mortgage transactions (Loan Estimate),” paragraphs (b)(4) and (b)(7) (eCFR, current text through its 2 October 2026 issue date): www.ecfr.gov/current/title-12/part-1026/section-1026.37.
  7. CFPB, “I paid off my mortgage but it is still listed on my credit report as outstanding. What can I do?” (Mortgages, last reviewed 1 September 2020): www.consumerfinance.gov/ask-cfpb/i-paid-off-my-mortgage-but-it-is-still-listed-on-my-credit-report-as-outstanding-what-can-i-do-en-222/.

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