Prepayment Rider Not Signed

[tshogg]

I have an ARM home loan. I knew there was a prepayment penalty, but my disclosure states that I have the option of two, three, or five years. Exactly six months after the date of my closing, I received a Prepayment Rider that was "missing in the file." This stated a three year option, which I never agreed to. Therefore, I never signed nor returned this Prepayment Rider to the mortgage company. It has now been two years, and I wish to switch to a fixed rate mortgage. Am I under any obligation to pay a prepayment penalty on my 2 6 Libor ARM, since I never signed this Prepayment Rider?