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Mortgage penalties, explained simply

Every mortgage is a contract about leaving early. Here is what leaving costs, what is free, and how the penalty is really worked out — in plain English.

By Amir Foroughi · Mortgage Agent ·

Every mortgage is a contract about leaving early. Some exits are free. Some are priced. The price is called a pre-payment penalty, and how it is calculated varies between lenders more than the rates do. Here is the fine print, translated.

First, the free exits: your privileges

Most closed mortgages include generous pre-payment privileges — ways to pay extra without any penalty:

Open vs. closed mortgages

An open mortgage can be fully repaid any time, penalty-free — and you pay for that freedom with a clearly higher rate. It suits short, known situations: a house about to be sold, an inheritance in probate.

A closed mortgage is everyone else's mortgage: lower rate, fixed term, and a penalty if you break it early. Closed is not a trap — the trap is not knowing which kind of closed you signed.

How the penalty is calculated

For variable rates, it is simple: three months' interest. For fixed rates, the lender charges the greater of three months' interest or the IRD — the interest rate differential. IRD is the gap between your rate and the rate the lender could charge today for your remaining time, applied to your balance.

A worked example:

Now the important part: some lenders use their posted (inflated) rates in that comparison instead of real ones. The same numbers can push the gap past 2.5% — a $20,000+ penalty on the identical mortgage. The lender you choose today decides the exit price you would pay in three years.

What this means for you

Three practical rules:

Where this comes up most: refinancing mid-term, and deciding whether to leave your lender at renewal (where, at maturity, there is no penalty at all).

Quick answers

Variable or fixed — which has smaller penalties?

Variable, almost always: the penalty is three months' interest, simple to calculate. A fixed-rate penalty can be the same — or it can be an IRD several times larger, especially with lenders that use posted rates. If there is a real chance you'll break the term early, penalty math belongs in the product choice, not just the rate.

What is a 'bona fide sale' clause?

A restriction on some deep-discount mortgages: you can only pay the mortgage out if you genuinely sell the property. No refinancing your way to another lender mid-term. It's an acceptable trade for some people — and a nasty surprise if nobody flagged it before signing.

Can a penalty be negotiated?

Rarely head-on — the formula is in the contract. But there are side doors: lenders may fold the penalty into a new term to keep your business, porting can carry your rate to a new property, and breaking close to your renewal date shrinks the number naturally.

Do pre-payment privileges reset every year?

Usually yes, on a calendar or anniversary basis — but unused room typically does not carry forward, and a few lenders only allow lump sums on payment dates. If a windfall is coming, a five-minute check of your exact wording can save a five-figure mistake.

Facing a penalty decision right now?

Send me your mortgage details and I'll run the real numbers — the penalty, the savings, and whether breaking is worth it. Sometimes the answer is 'wait', and that answer is free.