Mortgage penalty shocker, part two
This is becoming a hot issue as the penalties for borrowers trying to get out of fixed-rate mortgages just keep going up. I highlighted it here two months ago and have done recent Star articles here and here.
I’m concerned for a few reasons:
– When it comes to calculating an interest rate differential penalty, lenders can do what they like. There is no standard formula, nor is there any federal legislation or oversight. So, how can consumers challenge the bank’s math?
– Going to the bank’s ombudsman isn’t a solution. Most don’t even deal with complaints about rates or fees. Their view seems to be that if you had read your mortgage contract, you would have known a penalty was charged to get out early. You didn’t need to be told of the risks when taking out or renewing the mortgage.
– Using the mortgage prepayment privileges can make the IRD lower. But do banks tell borrowers? Not in every case, that’s for sure. Why isn’t there a law that this option must be made available to clients?
– Selling your house because you can’t afford to stay there is bad enough. It’s worse when a giant fee added at closing can swallow up whatever rewards you expected to make from the sale. Shouldn’t lenders warn financially stretched borrowers that they should plug the numbers into their planning?
After reading the comments below, I hope you agree that something needs to be done to help borrowers. These IRD penalties disappeared for a few years, but now they’re back with a vengeance.
August 18th, 2009 at 8:25 pm
I bought the house 2008 janu 01 for 287000 no money down 35 years with cmhc fee total 298000
With the unfortunate time both of us lost the jobs couldn’t get the end meet decided to sell and got an offer for 320000
with closing date approaching I casually call the bank and found the dissaster they want 26000 as penalty.
now with the realtor commission I need to bring 15000 to close the deal without any saving left no other money sources (Credit card etc.)available If I proceed with selling I will immediately reported to credit beaureau
If I don’t the buyer will sue me for breach of contract.
Hello anyone out there can give me any councilling.