REAL. ASSOC. v. FARGO BANK

"It has been settled law since the early 19th century that a mortgagor has no right to pay off his obligation prior to its stated maturity date in the absence of a prepayment clause in the mortgage or contrary statutory authority" ( Matter of Arthur v Burkich, 131 AD2d 105, 106). Because the note here is silent as to prepayment during the sixth loan year, the court did not err in its interpretation that plaintiff/mortgagor did not have an unambiguous right to prepay without penalty.

We have considered plaintiff's remaining arguments and find them without merit.