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What happens if I pay off or break my mortgage before the term ends?

Paying out a closed mortgage early usually triggers a charge set out in the mortgage itself, commonly three months' interest or a differential for a fixed term. After five years, the federal Interest Act limits what can be charged on certain mortgages, whatever the contract says.

Three months' interest or the differential

Closed mortgages allow early payout but at a cost the mortgage itself sets out, most often the greater of three months' interest or an interest rate differential, comparing your rate against the lender's current rate for the time remaining on your term. Variable terms are commonly, though not always, limited to three months' interest without a differential.

Lenders are expected to disclose how the differential is calculated and to provide the figure on request; ask for it in writing before deciding anything.

The Interest Act's five-year rule

Section 10 of the federal Interest Act addresses mortgages where payment is not due for more than five years from the date of the mortgage. Once five years have passed, a person entitled to pay may tender the amount owing plus three months' further interest instead of the notice otherwise due, and no further interest is chargeable after that payment. The section carries exceptions, including for mortgages given by a corporation.

This is a federal statutory floor, separate from whatever your own mortgage document says about earlier payout.

Paying down without paying off

Most closed mortgages include prepayment privileges allowing extra lump-sum payments, often up to a set percentage of the original principal each year, without triggering the early payout charge. These privileges are set by the mortgage contract and vary by lender; using them fully before renewal can reduce a later payout charge by lowering the balance it is calculated against.

Check whether unused privileges from previous years carry forward, since some lenders allow this and others do not.

Getting a payout statement

Before paying out a mortgage, ask the lender in writing for a payout statement: the outstanding balance, interest to a stated date, a per-day figure if the date moves, any early payout charge and the lender's own discharge fee. This is the figure your lawyer needs to arrange the payout and, once it is paid, to obtain the registered discharge from title.

Payout statements are usually valid for a limited time, so time the request to when you actually intend to pay.

Your steps

Ask for a written payout statementIt sets out the balance, interest, any early payout charge and the discharge fee.
Ask the lender to show its charge calculationRequest the specific differential or interest figure applied to your file.
Use any unused prepayment privileges firstExtra payments already available under the mortgage can reduce the balance the charge is calculated against.
Check whether five years have passed since the mortgage was madeThe Interest Act's rule may apply regardless of what the contract itself provides.
Have your lawyer arrange the payout and dischargeThe funds are sent, the mortgage is paid out, and the discharge is registered against title.

Who's involved

Your lender

Calculates and discloses the early payout charge and issues the payout statement and, eventually, the discharge.

Your lawyer

Arranges the payout from your funds or a new mortgage, and follows up until the discharge is registered.

Documents you will need

Payout statementCurrent mortgage statementDischarge statement request

Questions people ask

Can a lender simply refuse to let me pay off my mortgage early?

No, though it can charge for it under the mortgage's own terms. Section 10 of the Interest Act also lets certain mortgagors, after five years, pay out the balance plus three months' further interest, regardless of what the contract otherwise provides.

How is the interest rate differential actually calculated?

Lenders compare your rate to their current rate for a term matching the time left on yours, applied to the outstanding balance over that remaining period. The exact formula is set by the individual lender and disclosed in your mortgage documents; ask for it in writing.

Does the five-year rule apply to every mortgage?

No. Section 10 of the Interest Act applies where payment is not due under the mortgage's terms until more than five years after it was made, and it carries exceptions, including mortgages given by a corporation. Ask a lawyer whether it applies to your specific mortgage.

Will using my prepayment privilege affect my credit?

No. Prepayment privileges are a normal feature of the mortgage contract, not a default or a change to the loan's standing, and using them does not appear as anything unusual on your credit history.

Is porting an alternative to paying the early payout charge?

It can be, if your mortgage is portable, the lender allows it, and the new property and amount qualify at the time. Porting carries the existing rate forward instead of paying it out; it does not eliminate a charge on a mortgage that is not portable.

Sources

General information about Ontario law as of 5 September 2026, not legal advice. It does not create a lawyer–client relationship.

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