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A lender wants to charge a prepayment penalty on a 7-year balloon HPML. The penalty would apply only in years 1-2 and equals 2% of the outstanding balance. Is this permissible?

Correct Answer

C) No, because HPMLs cannot have prepayment penalties regardless of loan type

Under TILA Section 1026.35(b)(2), HPMLs are prohibited from having prepayment penalties. This prohibition applies to all HPML types, including balloon loans, regardless of the penalty amount or duration.

Answer Options
A
Yes, because balloon loans are exempt from prepayment penalty restrictions
B
Yes, because the penalty period is limited to two years
C
No, because HPMLs cannot have prepayment penalties regardless of loan type
D
No, because the penalty amount exceeds the maximum allowed

Why This Is the Correct Answer

Under TILA Section 1026.35(b)(2), HPMLs are prohibited from having prepayment penalties. This prohibition applies to all HPML types, including balloon loans, regardless of the penalty amount or duration.

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