(a)  Every bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing thereon dwelling houses of not more than four (4) dwelling units shall provide in the mortgage note, and in any event the loan or loans shall be upon the condition that the full payment of mortgage may be made at any time after one year from the making of the loan without penalty, provided further, that during the first year, penalty or other charges for prepayment shall not exceed two percent (2%) of the balance due at date of the pay-off. If interest or other charges in connection with the loan or loans shall have been prepaid or included in the face of the mortgage, the holder thereof shall rebate the interest or other charges under regulations promulgated by the director of the department of business regulation.

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Terms Used In Rhode Island General Laws 34-23-5

  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10

(b)  Alternatively a bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a nonpurchase money loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing on it dwelling houses of not more than four (4) dwelling units, may impose a prepayment penalty or other similar charges for the prepayment of a mortgage loan notwithstanding the prepayment penalty limitation imposed in subsection (a), but only if:

(1)  The terms, conditions and amount of the prepayment penalty or other similar charges are prominently and conspicuously disclosed in writing to the borrower;

(2)  The borrower agrees and consents to be bound by these terms and conditions; and

(3)  Provided no prepayment penalty shall be imposed for any prepayment occurring more than sixty (60) months after the date of such loan.

(c)  Any bank, trust company, loan company, building-loan association, credit union, finance company or other lender that chooses to offer a mortgage product pursuant to subsection (b) shall have available a similar mortgage product that complies with the limitations set forth in subsection (a) and all applicable federal regulations.

(d)  Any prepayment penalty imposed under this section shall not be construed as interest under the provisions of § 6-26-2.

History of Section.
P.L. 1965, ch. 113, § 1; P.L. 1970, ch. 288, § 1; P.L. 1974, ch. 109, § 1; P.L. 1996, ch. 366, § 1; P.L. 2002, ch. 117, § 1.