§ 34-23-5. Prepayment of mortgage loans.
(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.
(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.