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I changed jobs before completion. Is my solicitor Job to check this?

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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did you read the small print when signing the mortgage application declaration. As will contain amongst other things the following:-

    By signing this declaration, you are confirming the following and making your application for your mortgage on this basis. Each of you has personally read and checked all the information provided in the application and confirm that we can rely on it when deciding whether to make you a mortgage offer.

    All of the information is true, accurate and complete and is not ambiguous or misleading. You have not withheld or concealed anything which adversely affects and/or is reasonably likely to adversely affect those things or our assessment and/or any information.

    It is an offence to knowingly make a false, inaccurate or misleading declaration as part of the application. If you make a false declaration you may face criminal prosecution and/or civil action in respect of any losses incurred by us.

    You shall let us know at once (and provide us with full details) if you become aware that any information is or becomes wrong or out of date or if anything changes in any way which adversely affects and/or is reasonably likely to:
     • render any information ambiguous and/or misleading; or
     • adversely affect the truth, accuracy and/or completeness of the information or our assessment of you and/or any information.


  • John_
    John_ Posts: 925 Forumite
    500 Posts Name Dropper
    JJRome said:
    You have a duty to inform the bank, your broker if you are using one has a duty to inform the bank if they are made aware and the solicitor has a duty to inform the bank if they are made aware or they discover it from banks statements, payslips etc. The bank could ask or up to date statements and pay slips, your solicitor may ask for these to cover themselves for anti-money laundering purposes or no further checks could be conducted. If you fail to notify the bank then your application could be deemed fraudulent and you could find yourself with a CIFAS fraud marker and be unable to get a mortgage for a decade or more. 

    WOW You are really  overreacting.  I'm not doing anything wrong and  not committing any kind of fraud.  I just simple changed jobs which is totally normal and is a BTW is very secure one. that some lenders may not like it and considered a nit risky is a different story.
    So if it’s such a minor thing then why not just inform the bank?
    You can’t have it both ways, either it’s minor, so no reason not to tell them, or it’s not minor, which is why it’d be fraud not to.
  • JJRome
    JJRome Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    UPDATE:
    I called my broker and told him about my change of Job. He asked me a few questions and said Leave it no need to inform the Bank. Should I be OK them?
  • MWT
    MWT Posts: 10,273 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    JJRome said:
    UPDATE:
    I called my broker and told him about my change of Job. He asked me a few questions and said Leave it no need to inform the Bank. Should I be OK them?
    I'd confirm it back to your broker in an email just to be sure, but if that was their professional, regulated advice then they are on the hook if it back-fires, for whatever that is actually worth...
  • Salemicus
    Salemicus Posts: 343 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker

    According to the CPS, fraud by failing to disclose information is when someone:

    • failed to disclose information to another person 
    • when he was under a legal duty to disclose that information 
    • dishonestly intending, by that failure, to make a gain or cause a loss
    So it seems you'd have to say you weren't being dishonest. Well, according to the same source, dishonesty is when your conduct is "dishonest by the standards of ordinary decent people." Would an ordinary, decent person rely on their mortgage broker saying there's no need to tell the bank, or would they tell the bank anyway? I don't know. I do know that the maximum penalty is 10 years in prison.

    Why is it so important to you not to tell your bank? Why not just be open and straightforward and tell them?
  • MWT
    MWT Posts: 10,273 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    I think it is reasonable to ask their advisor if the job change was sufficiently material to relay to the lender, and yes, at that point it is appropriate for an ordinary decent person to rely on the advice they are given when the broker is in the driving seat as far as communication with the lender...
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