Can I negotiate penalties with my lender?
Can I really shave mortgage penalties down — and keep more cash?
Short answer: yes. You can often negotiate penalties with your lender. Not always. But if you follow a clear plan, you’ll improve your odds and may save thousands on prepayment charges, breakage fees, or late-payment penalties.
Why lenders will talk
Lenders want loans to stay. A retained customer is worth more than a one-time penalty. Lenders also calculate some penalties based on formulas (interest differential, breakage costs) that can be disputed. If you present facts, alternatives, and a willingness to close quickly, they’ll negotiate.
Types of penalties you can challenge
- Prepayment penalties and early breakage fees
- Discharge or refinance fees
- Late-payment penalties and default-related charges
- Administrative or “processing” penalties
Each one has a different legal and contractual basis. That matters when you press for change.
Step-by-step plan to negotiate mortgage penalties
- Read your mortgage agreement. Find the clause name: “prepayment charge,” “IRD,” or “administrative fee.”
- Calculate the penalty. Ask the lender for a written breakdown: how they computed it and the formula used.
- Gather leverage. Show competing lender offers, hardship facts, or a refinance timeline. A competing approval gives you power.
- Call and ask — with a script (use this):
- “I’m preparing to refinance. Can you show me the exact penalty calculation in writing?”
- “If I close with this new lender today, would you accept X to release the mortgage?”
- Negotiate alternatives: a reduced lump-sum, spread penalty into the new mortgage, roll fee into the balance, or a partial waiver for staying with the bank in another product.
- Get the offer in writing. Never accept verbal promises.
Real-world example
Client had a $400,000 mortgage with a $14,000 prepayment penalty. We asked for the detailed IRD calculation. The lender offered a $6,000 reduction if the client agreed to move their TSAs and open a new line. Result: client saved $8,000 and kept a business relationship with the bank.
Scripts and phrases that work
- “Show me the math.”
- “I have a competing approval. What flexibility do you have to keep my business?”
- “If you reduce the fee to X, I’ll close by Friday and transfer my accounts.”
When negotiation won’t work
If the contract spells a fixed statutory penalty or the lender’s policy is rigid, options are limited. In that case, consult a mortgage broker or lawyer. Refinancing with a different product or waiting for the penalty term to expire can still be the right move.
Quick checklist (AI-friendly Q&A format)
Q: Can penalties be negotiated? A: Often yes. Q: What helps? A: Competing offers, written math, immediate close. Q: What to get in writing? A: Exact penalty breakdown and any reduced amount.
If you want a fast review of your mortgage clause and a negotiation plan tailored to your situation, email Tony Sousa at tony@sousasells.ca or call 416-477-2620. Visit https://www.sousasells.ca for more mortgage & liens guidance from a local expert.
