Laid off after closing already scheduled, now what?

Laid off after closing already scheduled, now what?

Member since 2019 · 17 posts · 15 votes

Hi y’all looking for some advice from any friendly loan Officers or other knowledgeable people.

I’m refinancing my primary residence to take advantage of lower interest rates. Everything was going fine, closing date is scheduled for next Monday and #boom I get laid off.

What do I do about it? I have not thus far and will not give any false information to the bank, but since the closing is already scheduled, is it a done deal? Does the paperwork you sign at a closing include reverifying employment?

I didn’t sign anything promising to tell them in the future if I have a change in employment, and I don’t feel obligated to tell my current mortgage company I’m laid off. Is this different?

I can ask my loan Officer, but I don’t want to mess it up if It’s a “don’t ask, don’t tell” situation.

I don’t have any concerns about making payments or bringing money to closing in the meantime.

My plan currently is to go to closing as scheduled and if they have paperwork that explicitly asks if I’m still employed, I’ll have to decline to sign it.

Bad idea?

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Hollidaysburg, PA · Member since 2015 · 327 posts · 350 votes
7y

@Collin Cameron, I agree that you shouldn't be saying anything about your "newly found" position. While I'm a big advocate of integrity, I don't believe you're violating anything here. You pay your bills on time, and you have a history of that; which is why you have the loan. I would carry on and go to the signing. You haven't infringed on anything, and I'm sure your new debt is only going to put you in a better position (assumption). Good luck!

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  • Hollidaysburg, PA · Member since 2015 · 327 posts · 350 votes
    7y

    @Collin Cameron, I agree that you shouldn't be saying anything about your "newly found" position. While I'm a big advocate of integrity, I don't believe you're violating anything here. You pay your bills on time, and you have a history of that; which is why you have the loan. I would carry on and go to the signing. You haven't infringed on anything, and I'm sure your new debt is only going to put you in a better position (assumption). Good luck!

  • Member since 2019 · 17 posts · 15 votes
    7y

    @Matt Crusinberry thanks!

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y
  • Paul DefnginPro Member
    Lender · Rockville, MD · Member since 2008 · 498 posts · 199 votes
    7y

    You have to tell the bank. I’m sorry that this happened to you but you unfortunately can’t close. On the day of signing there is a document that you sign that you certify that everything on the application is still true and that you have not falsely provided any info. I’m sorry. Hopefully you will land on a new job and restart your application again. 

  • Flipper/Rehabber · Rapid City, SD · Member since 2017 · 39 posts · 11 votes
    7y

    @Collin Cameron

    Sorry to hear about the bad luck

    On the properties I have bought (not refinanced) the banks do an employment verification which seems to be towards the beginning of the process so they could have already checked that off. If they haven’t done it or check later on they may give you a call if they dig something up. Additionally I have never had any employment verification happen during a closing.

    I agree with Matt and I’d do the same, don’t ask don’t tell approach..

  • Member since 2019 · 17 posts · 15 votes
    7y

    @Paul Defngin I really appreciate your advice! You see, that’s exactly what I’m trying to figure out: because everything that they have asked for, I have provided them 100% honestly— they’ve received all requested pay stubs, w-2s, bank statements etc... if they ask me, “have you had a change in employment?” I will say yes. But if they ask me, “is everything you have provided us accurate?” I will also say yes, because it is...

    from what I have been able to find out, at a closing you are primarily signing the mortgage documents that establish the lein for the bank, which from what I can find don’t have much to do with your quality as a borrower, since that’s what underwriting is supposed to determine? Is that a correct way of thinking about the closing event?

  • Member since 2019 · 17 posts · 15 votes
    7y

    @Mike Stadel thanks! Appreciate the input

  • Paul DefnginPro Member
    Lender · Rockville, MD · Member since 2008 · 498 posts · 199 votes
    7y

    Keep in mind that the loan is approved based on you being currently employed. So, if you’re not, then the lender is obligated to withdraw the application. I know it sucks but you really, really need to let the lender know. As lenders we are also obligated to verify that you are still employed at least 10 days - before settlement, and with the influx of volume that all lenders have experienced due to these lower rates, I would imagine that your lender could possibly be making  those calls up till the day before closing just because of the volume. 

  • Specialist · Paradise Valley, AZ · Member since 2018 · 3k+ posts · 2k+ votes
    7y
    Originally posted by @Collin Cameron:

    Hi y’all looking for some advice from any friendly loan Officers or other knowledgeable people.

    I’m refinancing my primary residence to take advantage of lower interest rates. Everything was going fine, closing date is scheduled for next Monday and #boom I get laid off.

    What do I do about it? I have not thus far and will not give any false information to the bank, but since the closing is already scheduled, is it a done deal? Does the paperwork you sign at a closing include reverifying employment?

    I didn’t sign anything promising to tell them in the future if I have a change in employment, and I don’t feel obligated to tell my current mortgage company I’m laid off. Is this different?

    I can ask my loan Officer, but I don’t want to mess it up if It’s a “don’t ask, don’t tell” situation.

    I don’t have any concerns about making payments or bringing money to closing in the meantime.

    My plan currently is to go to closing as scheduled and if they have paperwork that explicitly asks if I’m still employed, I’ll have to decline to sign it.

    Bad idea?

    Days before closing, your lender will contact your employer and verify that you are still working there, still making the same amount of money and that the employer expects that you will be working there for the foreseeable future.

    Normally an employer would decline to answer on the first go around when you first applied for the loan if they couldn't guarantee you'd still be working there. That would be a red flag to the lender and would stop the process. You either had a friend in HR covering for you who didn't realize there would be two requests for Verification of Employment, or the word wasn't out about layoff's yet when they were asked or the lender is taking short cuts and not asking before things got this far. You could actually go to closing, get all of the documents signed and then a day or two later have the loan pulled since you don't meet requirements before "recording & funding". It's unfortunate all the way around, but it is the law for government backed loans and as you have already indicated, honesty is the only policy to follow here. I'd ask the mortgage broker for direction. This one is too obvious for the lender to overlook and risk their license over. Your timing isn't right. Just be glad you have the good sense to know that some things have to wait for the proper time.

  • Chris MasonPro Member
    Moderator
    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    7y
    Originally posted by @Wayne Brooks:

     OP made this thread, unfortunately. That kind of publicly documents things. And once something is on the internet, it never goes away...

  • Omaha, NE · Member since 2014 · 57 posts · 15 votes
    7y

    @Collin Cameron can’t do it. Sorry dude. I know you’ve made good payments before, and probably is a lower payment. But this is a form of fraud :-( rates will come down more. Get a job. Be patient. Or delay closing and get something ASAP.

  • Realtor · Southeast Michigan · Member since 2017 · 232 posts · 180 votes
    7y

    If you were planning on doing this, you really should not have posted this online. 

    *No advice given*

  • David BarnettPro Member
    Rental Property Investor · Cambridge, MA · Member since 2016 · 634 posts · 415 votes
    7y

    Yes, your plan is a bad plan.  Just be honest and upfront.  People that are honest and upfront (especially with lenders) set themselves apart from 90% of people.  Nothing is worse than getting to the closing table, them finding out that you didn't disclose your new situation and wasting everyone's time.  That's the easiest way to get a real bad reputation and burn a bridge.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    @Collin Cameron  No idea what type of work you do, but I'd start looking for a new job right away.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    7y

    Hottest economy in a decades--get that resume tuned up and out there.

    Good Luck!

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    7y

    As others have said, if your situation does not get unearthed when they do the final VOE with your previous employer you will likely have to sign a document that states your financial and employment status hasn't changed drastically since you submitted your loan application. Tough decision, I would say for a refinance this probably isn't worth being dishonest about.

  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    7y

    @Collin Cameron As others have pointed out, you'll have to sign a document saying that your finances haven't changed.  To falsify that would likely be construed as mortgage fraud - a felony.

    If you can find another job in a similar industry and do it in a hurry, you might shoot for an extension on the closing date.  See if the seller has flexibility and you might be able to pull this sale out of the fire.

    I'd strongly suggest that you talk to your lender, then your Realtor and see what your options are.

  • Atco, NJ · Member since 2016 · 7 posts · 6 votes
    7y

    @DJ M. Agreed

  • Rental Property Investor · Los Angeles, CA · Member since 2019 · 112 posts · 38 votes
    7y

    @Collin Cameron

    I wouldn't say anything your covered I've never had them recertify employment right before closing and if you got it covered the expenses who cares good luck

  • Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
    7y

    @Collin Cameron

    The good thing is a job and a refinance is like bus! There is just another one coming behind, just give it a little time. 

    Patience works. You will be JUST fine!

  • Real Estate Agent · Hamilton, NJ · Member since 2013 · 464 posts · 311 votes
    7y

    I'm not trying to sound like/come off as an a-hole here but the fact that you're asking this question and trying to rationalize it means your conscious knows it's wrong.

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    7y
    Tell the truth...... signing those documents is borderline fraud...... you are signing that everything on the application and documents is correct....its not... The situation sucks....but its not worth it.......talk to the bank
  • Investor · Brandon, FL · Member since 2017 · 178 posts · 67 votes
    7y

    @Collin Cameron tell the bank and you won't be able to close. There is also a good chance you will get your escrow back too.

    Do not pile a house load of debt on top of your bills. It is stupid and irresponsible, also unethical.

  • Saint Joseph, MO · Member since 2018 · 401 posts · 244 votes
    7y

    @Collin Cameron everything you provided isn’t accurate and correct. When you filled out the app you said you had a job which you no longer have. I would call the lender and spill the beans.

  • Investor · Sewell, NJ · Member since 2016 · 68 posts · 48 votes
    7y

    @Collin Cameron I chuckle when I read all the people saying honesty and integrity. Which I actually believe is a good thing. But where was the honesty and integrity from the lenders when they let money to people with no jobs poor credit etc. etc. where was the integrity when movies and S&P rated all the subprime mortgages AAA!!!

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