Mortgage Penalties: How to Avoid Mortgage Penalties Canada When Breaking Your Mortgage

Introduction

When you take a mortgage, you’re committing yourself to a long-term financial arrangement with the lender.

But life is unpredictable and you might find yourself needing to break off from your mortgage before your term is up. Breaking a mortgage in Canada almost always incurs mortgage penalties—fees charged by your lender to compensate for the interest he or she will lose from the premature ending of your mortgage.

Few know how they work, but the knowledge can save you thousands of dollars.

In this article, we’ll delve deeper into what mortgage penalties are, why they exist, and what situations may make you want to break your mortgage.

More importantly, we will provide you with practical strategies on how to avoid or take a minimum amount of these penalties, and what to do if breaking the mortgage turns out to be inevitable.

What Are Mortgage Penalties?

What is a Mortgage Penalty?

Mortgage penalties refer to the fees a homeowner incurs if he or she withdraws from the mortgage deal before the agreed time or duration expired.

Lenders survive through the interest gained from mortgages; therefore, when a borrower decides to break a mortgage, the lender loses his or her basis of his or her income during that particular incident.

These penalty rates are set to make sure that the lender regains some of his or her lost income during this incidence.

Mortgage contracts automatically become enforceable in law, meaning breaking the contract becomes relatively complicated. The penalty becomes a mechanism that encourages the borrower to ensure that he honours the full mortgage term.

For those who live in Canada, the penalties are different based on the nature posted rate of the mortgage; it is either fixed or variable rate.

Types of Mortgage Penalties

Today, in Canada, there are two types of penalties on mortgage: one on a fixed-rate mortgage and the other on a variable-rate mortgage. Let’s discuss these in detail.

For fixed-rate mortgages, the IRD or three-month interest rule is a common method of computing penalties. IRD refers to the difference between the rate on your present mortgage and the rate that your lender would currently give you for an equivalent term remaining on your mortgage.

This means you will pay much more in penalties when current interest rate and rates have dropped since signing your contract.

Variable-Rate Mortgage Penalties

Variable-rate mortgages are easier to understand in regard to penalties. In most instances, when you break a variable-rate mortgage, you will have to pay interest for three months, apart from what might happen with interest rates during your term of closed mortgage. This makes it easier to predict the cost of breaking a variable-rate mortgage as opposed to that of a fixed-rate mortgage.

How Penalties Are Calculated

• Interest Rate Differential (IRD)

This is calculated by subtracting your locked-in mortgage interest rate from the lender’s current rate for a similar term. If your term of mortgage has two years remaining and the interest rates have moved lower, then your prepayment penalty would be calculated by taking the difference between your locked-in mortgage rate and the current rate for two years.

• Three-Month Interest Penalty

It can be applied to either a fixed-rate or a variable-rate mortgage, though it is more closely associated with a variable-rate mortgage. To calculate the interest penalty for three months, the lender multiplies your mortgage balance by your interest rate and then divides that figure by four (since three months is one-quarter of a year). This penalty tends to be more predictable, as well as (in many circumstances) lower, than mortgage penalty calculated by the IRD.

Common Reasons for Breaking a Mortgage contract

Breaking a mortgage is not always taken lightly. There are several circumstances in one’s life that may force the homeowner to break their mortgage early. Here are the most common reasons:

Financial Hardship

Life events, such as losing one’s job or unexpected medical expenses, might make it impossible to pay the full mortgage payments. Hence, in such a case, relief from this burden may be the only way through which the homeowner is able to get back control over his financial situation, particularly if this frees up funds to sell the property and perhaps downsize or get rid of the debt altogether.

Selling the Home

Homes might need to be sold at the end of the mortgage term because personal circumstances have changed and perhaps because they are needing to move for work, or family, or to a larger (or smaller) home. Selling will typically involve paying an early pay-out penalty on the full mortgage principal.

Better Rates Refinancing

Most homeowners are tempted to break their mortgage when the interest rate drops so that they can refinance at a lower rate and save money more. Savings over time can be substantial, but it needs to be weighed against whether savings from the new lower rate will outweigh penalty cost.

Strategies to Avoid or Mitigate Mortgage Penalties

Breaking your mortgage can cost you a pretty penny, but there are ways to avoid it or at least minimize the penalty. Here’s how to guard yourself:

Know Your Mortgage Terms

The first and most important is to read and understand the terms of your mortgage agreement. Most homeowners get shocked by mortgage penalties because they never read the details of their contract. There should be time to read through fine print, look for clauses about penalties, and ask your lender to explain any part you do not understand.

Timing the Break

The time when you break your mortgage greatly impacts your penalties. As an example, if interest rates have risen since you locked in, breaking a fixed-rate mortgage after three months interest due means that IRD will be lower because the difference between your locked-in rate and current rates will be smaller. Your penalties also get reduced when you break the mortgage near the end of your term since the lender will have little interest remaining that it could lose.

Check Portability

Many lenders offer mortgage portability, which means taking your existing mortgage to a new property without losing any rights or incurring any penalties. This is especially useful if you are selling your house and want to buy another but do not want to incur the mortgage penalty. But, of course, the new property must also meet the standards of the lending institution and, in most cases, you will have to borrow more money to acquire an even more expensive new home.

Seek Mortgage Attributes

When selecting a mortgage, look for attributes that offer you flexibility: prepayment privileges. This lets you pay a portion of your mortgage without a penalty, which will continue to pay down the balance overall, and then this balance, should you break your mortgage someday in the future, would decrease the potential penalty even further.

Negotiate with Your Lender

If you have to break your mortgage, it’s worth making a call to see if the new lender will waive or reduce the penalties. There is plenty of scope for leniency if you are remortgaging with them or if you have had a long relationship with the bank. Always ask if there’s room for flexibility.

What to Do If You Must Break Your Mortgage

At times, it may be inevitable to break a mortgage. You should then view the situation and open mortgage more clearly and consider the costs and your options.

Calculating the Costs

Use your lender’s formula to calculate the potential penalty you would incur if you breach or break your mortgage contract (IRD or three-month interest). Compare this cost against any benefits that breaking the mortgage will bring, such as locking in a reduced rate of interest or avoiding further pressure on your finances. If the benefits are outweighed by the penalty, then it probably pays to break the mortgage.

Taking Up Professional Advice

Advise of a mortgage broker or financial advisor will provide you with the information you need to make an informed decision in regard to your choices. A mortgage broker and a financial advisor can explain to you what’s hidden in the fine print, assess the real costs for you, and find other solutions for you to solve your problems. A mortgage broker can also shop around for better rates if you are thinking of refinancing.

Alternative Solutions

But before breaking your mortgage, there may be other choices available: loan modifications, where sometimes your interest rate can be reduced or the term of the mortgage extended without penalty. Where your situation has changed, look for debt consolidation, which could be a good alternative. Where it consolidates high-interest debt into your mortgage, this reduces your interest bill without breaking the mortgage.

Case Studies and Real-Life Examples

Homeowner Testimonials

Several Canadian homeowners have successfully steered their way through mortgage penalties, and these lessons, as learned from experience, can be valuable guidelines. For instance, a homeowner in Toronto had ported his fixed mortgage rate to a new property and, therefore, did not incur a penalty in the place of a high one. In another case, a homeowner in Vancouver refinanced his mortgage during a drop in rates, but he timed it with accuracy and received much professional advice to minimize his penalty.

Conclusion and Analysis of Different Scenarios

The payoff and prepay scenarios may be quite eye-opening when comparing them in terms of the financial outcome. There may be certain situations where breaking up a mortgage actually pays in the long run to do so for a significantly better interest rate than what was paid initially versus not breaking your mortgage contract with it for the penalty that was paid. Some scenarios may be too steep in terms of penalty to pay in order to break a mortgage early. Each is unique and requires very specific considerations before any kind of judgment can be made.

Future Considerations

Market Trends and Mortgage Products

As the Canadian real estate market changes, interest rates and mortgage products will change. If you pay attention to what’s happening in the marketplace, you’ll know whether you should break your mortgage or not.

The lenders are likely to roll out some new mortgage products with softer terms so you can refinance more easily or accept lesser penalties on the early closing of a mortgage.

Changing Lender Practices

Based on the growing competitive nature of the mortgage market, lenders in Canada will likely be adopting new changes in mortgage policies about penalties gradually. Therefore, already some financial institutions have introduced mortgages with no-penalty options or more generous prepayment privileges. This explains how most practices change to acquire better mortgage options over time.

Conclusion

Breaking a mortgage in Canada is highly penalized, but it can surely be avoided and minimized using proper strategies and understanding. Knowing the types of penalties, their potential cost, and exploring alternative options like mortgage portability or refinancing will make every homeowner well-informed.

Whether you are in a fix, a bad financial condition, or selling your home; for getting a more favorable mortgage deal, breaking your current mortgage back up, therefore, demands careful planning. You could be saved from unnecessary costs and can take the right decision in the field of finance if you understand your mortgage agreement, negotiate it with your lender, and seek professional advice.

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