房屋按揭提前还贷款银行是否有权收取违约金

Whether is It Authorized to Gather the Penalty Because of House Installment Payment Repaid Ahead of Time

因个人住房贷款利率的上调而再次引发了“提前还房贷要不要收取违约金”的大讨论。提前还贷收取违约金虽然有一定的原因,但从法律的角度来看,却于法无据。违约金是由当事人约定或法律直接规定的,在当前的情况下,一些银行虽然在借款合同中有这方面的约定,但这是霸王条款,提前还贷对银行并无不利,因此不应收取违约金。

With the rising of interest rate for individual housing loan, argument about whether to gather the penalty for those repaid ahead came to the biggest discussion for a while. It seems to have their reasons for gathering the penalty from certain aspects. However, we found there is no evidence to support it if we looked from the legal angle. Therefore, it is one of the overlord provisions. By the way, repaying ahead of time is not harmful to bank. We think the penalty should not be charged at all.