borrowers to partially prepay up to 20% of their loan each year the penalty is in effect and charge
the borrower six months of interest for prepayments on the remaining 80% of their balance.
Some penalties are waived if the home is sold and are described as “soft” penalties; hard
penalties require the penalty to be paid even if the prepayment occurs as the sale of the
underlying property.
The laws and regulations governing the imposition of prepayment penalties are established at the
federal and state levels. Usually, the applicable laws for fixed-rate mortgages are specified at the
state level. There are states that do not permit prepayment penalties on fixed-rate mortgages with
a first lien. There are states that do permit prepayment penalties but restrict the type of penalty.
For some mortgage designs, such as adjustable-rate and balloon mortgages, there are federal
laws that override state laws.
19. Explain whether you agree or disagree with the following statements:
a. “Freddie Mac and Fannie Mae are only allowed to purchase conforming conventional
loans.”
The two GSEs, Fannie Mae and Freddie Mac, can purchase any type of loan; however, the only
conventional loans that they can securitize to create a mortgage-backed security are conforming
loans, that is conventional loans that satisfy their underwriting standards. More details are given
below.
b. “In packaging loans to create a mortgage-backed security, Freddie Mac and Fannie Mae
can only use government loans.”
In contrast to government loans, there are loans that have no explicit guarantee from the federal
government. Such loans are said to be obtained from “conventional financing” and therefore are