The mortgage market is so bad lenders want ex-employees to give back bonuses
wsj.com
wsj.com
Well…I guess coming right out and not hiding your douchebaggery is ever so slightly preferable than offering the sterilized and fake words of regret via press release that you might see from many other companies.
> “We got the rug-pull of our lives, everyone did,” he said. “Rates are not supposed to be here.”
Huh? Why are the rates 'not supposed to be here'?
And also how or why is it a rug pull to hike interest rates to tame high inflation which affects low income folks the most? The consequences of runaway or hyperinflation will be far worse.
I have never heard of something as predatory as immediately approving your employees for a $100k loan at 0% APR that's only forgiven if they stay for 2 years.
I don't care how pretty the bow on the box is, it's still a box of poop.
If it were "if you decide to stay for 2 years" bonus, I don't think there'd be an issue
The issue is that it's really a "if we decide to keep you longer than 2 years" bonus, improperly named a "signing bonus."
It is paired with a real "bonus" or perk of sorts, but it's just a weird 2 year 0% APR loan that must be repaid in full at the end of the term, which works out to maybe $10k in risk free returns.
Any signing bonus stipulates a period of time (often a year) you need to stay in order to keep the bonus.
Firing without cause before that period ends...not sure what the common practice is for that.
tbh it's probably quite rare, as you would only offer hiring bonuses in a tight labor market.
not showing up on time enough, or being kinda crappy at your job generally would not qualify
Any contract for $100k is probably worth a few hours of a lawyer's time to review it.
You're probably right that most people would be optimists and accept the agreement. At least they couldn't say they didn't understand the risks.
I suspect if you just said "nope" a bunch, they would come back to you and accept a compromise. They're going to get pennies on the dollar if they send the account to collections.
If this were me I'd probably start by saying "I'll give you back 33% if you sign a document disclaiming your interest in the remaining 67%" and kick off the negotiation there. IANAL of course, lol, and this kind of thing I'd want to run by a professional. This is just my gut instinct.
Collections fees are not that much FWIW. Especially since the debtor often pays fees.
Also, don't forget about your credit score.
When the market took a downward turn, the companies likely tried to introduce new 'cause' to fire them and attempt to legally claw back the bonus. Like this example of setting unrealistic performance goals given the market turn:
"Siegel, the former banker at a Guaranteed Rate affiliate in New Jersey, said when business slowed down last year, the company introduced monthly performance goals. They hadn’t been part of the signing bonus agreement.
He emailed his boss multiple times offering to leave the company and return a prorated share of the signing bonus, but it went nowhere, he said.
In October 2022, and then again in December, he received letters saying he wasn’t meeting the performance goals, he said, and that he was at risk of termination and having his bonus clawed back."
Unfortunately US worker protections are not great (IMO), so the employees in question will likely have to face a legal battle if they want to argue for keeping their bonuses. Mortgage companies also likely have a strong in house legal team, meaning their ex-employees will have to pay out of pocket for a good lawyer if they want a chance of winning in court.
Most places in the US are also "at will employment", meaning you can be terminated at any time without warning for any reason, and that makes it much harder to argue that you were unfairly terminated. There might be a chance you could argue that the company is obviously facing financial issues and so you were let go as more of a "layoff" type termination (and then you have some more rights to things like unemployment) but it's likely to be an expensive argument that some may not be able to fund, and even then you're definitely not guaranteed to win.
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I personally was laid off a few months into a position where I had been given a signing bonus, but they were laying off the entire office and did not ask me to repay it. It was a pretty small bonus and they probably forgot about it anyways, but given that it was a large layoff they probably would have a hard time arguing that I was fired with cause. They also tried to then rehire me at a lower rate in a different region, but I didn't want to relocate so I declined.
> Signing bonuses aren’t unusual in the mortgage industry, and they were particularly big during the recent boom. Neither are attempts to get them back, especially in the current bust.
Reading the article they seem like used car salesman. I love the guy who admits the business is "feast or famine" but now laments he's "been unable to sell his 7,700-square-foot house at the $3 million he is seeking".
Every sign-on bonus I've gotten only makes me pay it back if I choose to leave before a certain time. Fired for cause? I keep it.
Sounds like these employees didn't read their contracts. I love the guy who is choosing to leave early and is mad they won't pro-rate it.
These are the same snakes that would sell their own mother a mortgage she couldn't afford.
Not an attorney, but depending on state and other situations, I’d expect some folks to shed this claim in bankruptcy if necessary (if the amount owed is hundreds of thousands of dollars, they can’t get relief, the mortgage industry is dead for another 2-3 years based on the Fed effective rate, etc) or otherwise leverage state statute. Florida has very strong protections against creditors, for example.