In short: the early-repayment fee is not at the bank’s discretion. The Banking Order (Early Repayment of a Housing Loan), 2002 sets out a closed list of fees on which early repayment may be conditioned, caps some of them, and forbids any charge at all on a directed loan. Anyone paying off a mortgage should know what may lawfully be charged before the calculation sheet arrives.
A directed loan: no fee at all
Section 2 of the Order: a banking corporation shall not condition the early repayment of a directed loan on the payment of any fee whatsoever.
A “directed loan” is defined in the Order as a loan given under an arrangement with the government, the Jewish Agency, the World Zionist Organization, a local authority or one of the companies listed in the First Schedule — whether out of those bodies’ deposits or out of the bank’s own funds. If that is your loan, any early-repayment fee charged was not charged under the Order.
What may be charged on an ordinary loan
Section 3 lists the fees, and the list is closed:
1. An operational fee — “which shall not exceed 60 new shekels”. That is a ceiling, not a tariff.
2. A short-notice fee — where the borrower gave less than ten days’ notice: a fee of one tenth of one percent (0.1%) of the amount repaid. The Order adds two cases in which it is not charged at all:
- where the bank itself gave a loan for the purpose of the early repayment, the fee is not charged on the amount of that new loan;
- where the borrower has died, the fee is not charged.
3. A discounting fee — charged only where the average interest rate at the time of repayment is lower than the rate applying to the loan at that time. It may not exceed the difference between the future payments discounted at the average rate and the same payments discounted at the loan’s rate, calculated by the formula in item B of the Second Schedule to the Order.
4. A second discounting basis — under section 3(4), where the average rate at the time the loan was granted was lower than the loan’s rate at that time, a fee is computed on the same method against the average rate at the time of grant.
5. The lower of the two — section 3(5): the bank may charge the fee under sub-paragraph (3) or under sub-paragraph (4), if any, whichever is the lower. That is worth checking on the calculation sheet.
Variable rate: usually no discounting fee
Section 4 deals with a loan whose rate varies and is not known when the loan is taken:
- Section 4(2): where the dates of rate change are not known in advance, or are known but set at once a year or more often — no discounting fee shall be charged at all.
- Section 4(3): where repayment is made on the day the rate changes — only the operational fee is charged.
So on frequently resetting variable tracks, repaying at the exit point should cost up to NIS 60.
Index and exchange-rate differentials
Section 5 — index-linked loan: in addition to the section 3 fees, the bank may, where repayment is made between the first and the fifteenth of the month, charge a fee equal to the amount repaid multiplied by half the average rate of change in the index over the last twelve published indices. Repayment from the sixteenth onwards does not carry this fee.
Section 6 — foreign-currency loan: where the borrower gave less than two business days’ notice, the bank may condition repayment on a fee equal to the exchange-rate difference between the day of repayment and two business days later.
What to check on the calculation sheet
- The type of loan — directed or not. Directed: no fee.
- Whether an operational fee above NIS 60 was charged.
- Whether a short-notice fee was charged although the bank itself financed the repayment, or in a case of death.
- On a variable track — whether a discounting fee was charged at all, and if so whether the reset dates justify it.
- On a linked loan — on which day of the month repayment was made.
- On a multi-track loan — how the fee was computed across tracks. That is exactly the subject of a settlement approved against Mizrahi Tefahot in June 2026 concerning the offsetting of discounting differentials between tracks.
What the courts held against Mizrahi Tefahot on mortgages and early repayment
Early repayment fee on a multi-track mortgage: Mizrahi Tefahot will pay NIS 5.5 million in a settlement
The court approved a settlement under which Mizrahi Tefahot will pay NIS 5.5 million to the Class Actions Fund and improve disclosure to customers on the calculation of early repayment fees on multi-track mortgages.
- Court
- Tel Aviv-Jaffa District Court
- Amount
- 5,500,000 NIS
- Topic
- mortgages and housing loans
Zaghroun v. Mizrahi Tefahot: the bank was negligent in providing a mortgage, and the customer lost an Israel Land Authority tender
The Magistrates' Court held that the bank was negligent when a customer's equity funds were not reflected in time, causing him to lose an Israel Land Authority tender, and ordered it to pay NIS 300,000 less 40% …
- Court
- Beersheba Magistrates' Court (upheld by the District Court and the Supreme Court)
- Amount
- 300,000 NIS
- Topic
- mortgages and housing loans
Class Action 41639-12-17 Shif: Mizrahi Tefahot will refund NIS 26.2 million to variable-rate mortgage borrowers
The court approved a settlement under which the bank will refund borrowers 22.5% of the interest differences resulting from the activation of an "emergency protection mechanism" on bond-anchored mortgages (estimated …
- Court
- Central District Court (Lod)
- Amount
- 26,200,000 NIS
- Topic
- mortgages and housing loans
Conflicting transactions in an apartment: Mizrahi Tefahot was negligent, and the mother's right prevailed over the pledge
The court declared that a single mother's rights in an apartment prevail over the pledge the bank registered in favor of a couple who bought it later, held that the bank was negligent and did not act in good faith, and …
- Court
- Haifa District Court
- Amount
- 15,000 NIS
- Topic
- mortgages and housing loans
Civil Claim 2311-06 Yeshinovsky: Mizrahi Tefahot may enforce only half of the cottage
The court partly allowed the claim: it held that the bank may enforce only half of the couple's rights in the cottage and not the wife's share, ordered a lien deleted, declared that another apartment does not secure …
- Court
- Tel Aviv-Jaffa District Court
- Topic
- mortgages and housing loans
Civil Claim 36383-03-10 Hazan v. Tefahot Bank: claim to enforce arrangements in a mortgage enforcement dismissed (2015)
The claim was dismissed. The court held that the borrowers and the bank had negotiated for years, but none of the four arrangements the borrowers relied on was ever concluded, so there was nothing to enforce. The …
- Court
- Jerusalem Magistrates' Court
- Topic
- mortgages and housing loans
Early repayment fee on a "supplementary loan": Mizrahi Tefahot will refund overcharged fees
The court approved a settlement under which the bank will automatically refund early repayment fees overcharged due to a computer error, and will refund upon request fees overcharged on a "supplementary loan" given …
- Court
- Not stated in the sources (a district court)
- Topic
- mortgages and housing loans
What this page is not
This page quotes the language of the Order; it is neither legal advice nor a calculation. The Order has been amended, and the average rate is published and changes. Approval of a class-action settlement is not an admission by the bank, and an amount claimed is not a liability. For an individual check of a calculation sheet consult a professional; to contest a charge, apply to the bank and then to the public enquiries unit of the Banking Supervision Department.