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Difficult situation with mortgage - advice?

75 replies

ontheroadtorecoveryyy · 03/08/2021 12:08

Hi all, I'm hoping someone can offer some advice on how I should proceed with this situation. I've not spoken with my mortgage broker yet and I'm not really sure if I want to as I know legally they will have to change all my details on the mortgage application which could either slow down the process or put a stop to it all together.

I applied for a mortgage at the beginning of last month which was approved. Went through all the necessary checks and sent off the paperwork - payslips, bank statements etc.
At the time I was in a permanent role where I'd worked for the last 3 years. When I applied for the mortgage I thought I was going to be in the job long term but my situation has suddenly changed. My employment ends at the end of this week and I won't have a job. I will be paid at the beginning of next week and receive my final payslip shortly afterwards. Now this is the tricky bit - I won't be without money. I'm fortunate enough to have been presented with an exit/compensation package from my current employer for reasons I won't go into. It is a relatively large sum but won't be paid in one go due to tax reasons. I will be paid my full salary every month for the next 8 months, but it won't be through the books.

The monthly payments will be paid into my bank account but I won't receive a payslip as usual. I understand that even though I will have this income coming in every month, I am technically unemployed. I don't plan to be off work forever as I already have another job offer in place but it doesn't start until Mid September (even if this job doesn't work out there are plenty around in my area and field). How do I proceed with the mortgage application now? I'm very wary of coming clean with my advisor as I know it could ruin everything.

I am hoping to be in the property by the end of September but the searches are still taking place (longer here than usual due to covid). Solicitor has reassured me I'll be in by then as there is no onward chain and the property is vacant. My mortgage offer is valid for 90 days so I still have plenty of time. How likely is it that the lenders will ask for more payslips? My last one will be in August so I'm slightly worrying that they might ask for one in September and I won't be able to provide it. I know they usually only ask for payslips at the beginning of the process but after Googling it I've read that some lenders do ask for more paperwork right before completion. I've spoken with my current employer and told her they might contact her for a reference. She said she will word it in a way that works in my favour (not great I know but she's just trying to help out as she knows it's a tricky situation for me).

How do I proceed? Should I just take the risk and hope that they don't ask for any more paperwork? I reckon that I'm still at least two months away from completion so I'd be devastated to wait all that time (along with wasting everyone else's time) for it to be ruined at the very last minute if they ask for more payslips. Family have just told me to take the risk as it will all probably work out any way and they won't do anymore checks now. If I back out now and come clean I'll never know if it would have worked out or not. I've rented for the last 7 years, worked really hard to save up and finally found a property that I can afford which is in a lovely area (they don't come up very often) I'd be absolutely gutted to have to let it go after all this work.

Just to clarify - the exit package is 100% legal and binding, employment solicitors dealing with it all and both parties will need to sign so the money will be guaranteed.

Advice???

OP posts:
sunsshineshowerss · 03/08/2021 13:56

People lose their jobs /move jobs day in day out. As long as the bills are paid. You have a stable bank account and fluid money, The bank do not care. As long as they've already done the necessary checks & can tick their boxes and you have money they couldn't give a crap. You haven't lied. When you applied for the mortgage you had a job and an income. As long as you can keep your obligations and pay your mortgage. You are good.

If you were purchasing the home... without a new job / contract in place then I'd be worried. Otherwise crack on. Life happens.

ontheroadtorecoveryyy · 03/08/2021 13:56

@TakeYourFinalPosition it is such a difficult position to be in and I can understand why you felt anxious. I do too. It's just awful timing.

@BootsScootsAndToots how did it work out for you? Did they ask you to provide additional information before completion?

I have been in contact with a recruitment agency who have a temporary job working from home lined up for me starting next week, but it is only minimum wage. I can do it until the new job starts in September.

OP posts:
jay55 · 03/08/2021 13:57

Any chance your ex employer can shift your end date a month, and have you on gardening leave for the first month of the settlement?

ontheroadtorecoveryyy · 03/08/2021 14:00

@jay55 I don't think so unfortunately. I've already been on gardening leave for the last two weeks so I doubt they will extend it. They are pretty eager to get the settlement agreement signed and wrapped up so we can all move on.

OP posts:
VanGoghsDog · 03/08/2021 14:06

[quote ontheroadtorecoveryyy]@VanGoghsDog what can they do to help though? If I don't have a job surely they would just withdraw the mortgage offer any way? [/quote]
It's not possible to second guess this, but if you do not tell them you are committing a criminal act.

At least if you do tell them they can assess the risk and decide whether to go ahead.

If you don't tell them and they find out they will pull the offer anyway and you could be blacklisted and prosecuted.

Queenoftheashes · 03/08/2021 14:09

Once the offer is issued they are unlikely to ask for further payslips unless it expires. Doesn’t sound likely … I’d just carry on and say nothing to anyone.

VanGoghsDog · 03/08/2021 14:09

@sunsshineshowerss

People lose their jobs /move jobs day in day out. As long as the bills are paid. You have a stable bank account and fluid money, The bank do not care. As long as they've already done the necessary checks & can tick their boxes and you have money they couldn't give a crap. You haven't lied. When you applied for the mortgage you had a job and an income. As long as you can keep your obligations and pay your mortgage. You are good.

If you were purchasing the home... without a new job / contract in place then I'd be worried. Otherwise crack on. Life happens.

You don't work in banking, do you?
TakeYourFinalPosition · 03/08/2021 14:36

*One of the questions on our mortgage application was do you see your financial situation changing in the near future.

I was 8 months pregnant but we said 'no'.*

That’s a slightly different case, as they can’t ask about maternity.

@ontheroadtorecoveryyy If you are financially sound, can you afford to talk to another solicitor, unrelated to anyone in the transaction? At least they’ll be able to tell you what the risks are.

Some of the advice on here is really sketchy. It’s your call to make, but go into it with your eyes open.

willpower2021 · 03/08/2021 15:11

I think the risk here is it being uncovered between exchange and completion. You are contractually obliged to complete after exchange with or without the mortgage and if you don't you risk losing your deposit. I can see why it is unlikely that it would be uncovered but for me the uncertainty and the deposit risk would be too great. Am not property buying expert though so am sure there are subtleties I have missed or misunderstood!

WombatChocolate · 03/08/2021 15:52

For my own peace of mind, I would have to explain the change of circumstance.

I think it’s right that if the solicitor is told, they will be duty bound to pass the info on to mortgage company, as they will be working for them too. So, I do t think you can tell them and ask for ‘off the record’ advice about whether you will get away with it.

You may well find it all goes through and no further paperwork is requested. The question is, can you relax for the next few weeks with the risk? If it comes up after you start the new job, things might be fine….and sounds like it’s not long until you start.

I can see why it’s tricky.

Feelingoktoday · 03/08/2021 15:59

[quote ontheroadtorecoveryyy]@FudgeSundae because it is compensation. I am not being paid to work for them. As of this week I will no longer be their employee.

I can 100% assure you it is all above board. I had to take the settlement agreement to an employment solicitor to deal with who has confirmed it is all ok. [/quote]
Exactly. It’s bring paid as an invoice rather than a payroll payment. I would keep quiet.

QueenStromba · 03/08/2021 16:14

I can't believe the number of people advocating that the OP commits mortgage fraud! You need to tell them. It will probably be fine, if not you'll get another mortgage elsewhere. If you don't tell them then you're risking a criminal record and losing your deposit if you can't complete.

RogueV · 03/08/2021 16:18

I would go ahead, you absolutely do not have to say anything. Don’t ruin it.

Sarahlou63 · 03/08/2021 16:29

I was a mortgage broker for 20+ years. If a client came to me with the above circumstances and had an 'off the record' conversation I would have told them to go ahead as planned, but I would lined up an 'offer in principle' from a different lender so that I'd had an alternative should lender A pull the original offer.

user16395699 · 03/08/2021 16:32

Compensation that is legal but off the books? How does that work?

Tax law is law too. Did your employment law solicitor really advise you on tax law? Surely their advice is limited to the legality of the settlement agreement from an employment law perspective?

Compensation can be paid legally, but not in underhanded undocumented ways.

user16395699 · 03/08/2021 16:35

Exactly. It’s bring paid as an invoice rather than a payroll payment. I would keep quiet.

In law, it's still a payment related to employment and therefore taxed accordingly. You can't just generate dodgy paperwork that doesn't match the legal substance of what's occurred in order to evade tax. Which is another criminal offence.

Good grief, the willingness of people to encourage criminal activity.

Palavah · 03/08/2021 16:39

@ontheroadtorecoveryyy

Thanks for all your messages, really appreciate it. No I've not spoken with my broker or solicitor. I don't want to put either of them in an awkward situation as a pp mentioned. The mortgage payments will not be an issue, I know I will be able to make the payments 100% as I will have income coming in. It is more the paperwork that I'm concerned about. I will receive a payslip mid August for the month of July but won't have anything for August should they ask for another payslip in September. I hope that makes sense. I'm probably just working myself up for no reason but after Googling things I found that some lenders do ask for additional paperwork at the very last minute. I suppose it's to catch people out.

I can either withdraw now or risk it and sit on eggshells for the next month or so and just hope they don't ask for any more paperwork 🤞

If your mortgage isn't going to drawdown until September then i would expect the lender to ask for a more recent payslip than July, yes.

If you lie you are at risk of committing mortgage fraud.

Suggest you speak to your lawyer. That's what they're for.

Palavah · 03/08/2021 16:40

Regarding the 'off the books' payments you do need to understand the tax liability for these to ensure you're not committing tax fraud.

DameCelia · 03/08/2021 16:42

@ontheroadtorecoveryyy
You would be committing mortgage fraud, when you sign the mortgage deed you are confirming that your circumstances haven't changed. If I was acting for you I would specifically point thus out to you as I wouldn't want to be party to the fraud.
Sorry, the issue here is not whether they ask for more payslips.
@user16395699
The settlement agreement is overseen by two solicitors, there is no tax avoidance going on. Settlement monies up to a certain limit (used to be 35k, a while since I've acted on any so may well be different now) are free of tax.
They won't be 'off the books' but are often bit out through payroll for perfectly good reasons.

DameCelia · 03/08/2021 16:45

@Palavah
No tax implications. Please stop trying to frighten the OP.
@ontheroadtorecoveryyy
You really need to ask this again in the legal section, you shouldn't get random wring answers about tax over there.

BluebellsGreenbells · 03/08/2021 16:45

People move jobs when they have a mortgage and the bank never requests new pay slips. The reason they have a deposit is because of this very reason - they know if they repossess the property they will make money.

I doubt you’ll be asked again.

I wouldnt worry about it at all!

FreshPrincessOfLondon · 03/08/2021 16:56

If you are going ahead with this (and it is likely to be mortgage fraud depending on the wording of your Ts&Cs) you absolutely cannot tell the professionals as they will be duty bound to tell the bank.

Palavah · 03/08/2021 17:21

[quote DameCelia]@Palavah
No tax implications. Please stop trying to frighten the OP.
@ontheroadtorecoveryyy
You really need to ask this again in the legal section, you shouldn't get random wring answers about tax over there.[/quote]
I'm not trying to frighten anyone. How do we know the OP won't be liable for any tax? The threshold for redundancy payments isn't unlimited.

VanGoghsDog · 03/08/2021 17:29

@user16395699

Compensation that is legal but off the books? How does that work?

Tax law is law too. Did your employment law solicitor really advise you on tax law? Surely their advice is limited to the legality of the settlement agreement from an employment law perspective?

Compensation can be paid legally, but not in underhanded undocumented ways.

What the OP has described is a settlement agreement, previously known as a compromise agreement, which are tax free to £30k.

This "off the books" comment is misleading, it won't be off their books, it just isn't pay.

All completely normal. I've done hundreds.

VanGoghsDog · 03/08/2021 17:32

(used to be 35k, a while since I've acted on any so may well be different now)

It's £30k and has been since forever.

The threshold for redundancy payments isn't unlimited.

No, it's £30k, which is feasible for 8m pay. Nothing to suggest it is a redundancy situation by the way but settlements can be made for all sorts of reasons.

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