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Mortgage Prepayment: The Trial of Common SenseFrank S. AlexanderEmory Law 1987 Cornell Law Review, Vol. 72, p. 288, 1987 Abstract: Paying off a mortgage before its natural date of maturity may trigger an fee for prepayment. Many battles have been fought over the equitable legitimacy of prepayment fees, with mortgage companies arguing that fees for premature payment are common sense and homeowners arguing that common sense dictates that mortgages may be prematurely satisfied penalty-free. This article reexamines the history of mortgage prepayment penalties, evaluates the current economic pressures forcing the issue to the forefront, and proposes a solution for the mortgage prepayment problem.
Number of Pages in PDF File: 56 Keywords: Mortgage prepayment penalty, fine real estate finance, foreclosure, prepay, prepaid Accepted Paper SeriesDate posted: November 14, 2011Suggested CitationContact Information
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