Bank audit is not strict, or it should be that banks and developers take bribes, so there will be a large number of illegal mortgage loans with fake down payment! Should bear the buyer's losses, including the loss of decoration money and credit information!
What are the ways to defraud mortgage loans? How do housing enterprises defraud loans by defrauding mortgage loans?
Housing enterprises cheat loans in disguise, and the government and society attach great importance to it. It used to be a very common hidden rule for enterprises to defraud loans through fake mortgages. What is fake mortgage fraud? How is fake mortgage fraud realized?
Housing enterprises cheat loans in disguise, and the government and society attach great importance to it. It used to be a very common hidden rule for enterprises to defraud loans through fake mortgages. What is fake mortgage fraud? How is fake mortgage fraud realized?
Types of false mortgage fraud
There are two main types of "fake mortgage".
One is that developers find employees, shareholders, relatives and friends of their own companies to pretend to be buyers and fill in legal documents such as pre-sale contracts, house purchase contracts, loan contracts and mortgage contracts. And these people sign personal housing loan contracts with banks to get loans, and once they make a profit, they get away.
The other is that the developer forged the borrower's signature and applied for a loan from the bank with fake procedures. If the developer fails to repay the loan on time, and the "contracted" borrower claims that the contract is invalid on the grounds that there is no real house purchase, the bank loan will face great risks.
How to achieve fake mortgage fraud?
The history of fake mortgage fraud is as long as the history of real estate development in China, but in the past, the market was booming, which was often manifested as a game of "empty gloves and white wolves", inciting the leverage of capital instead of fraudulent loans; However, behind the current check-out tide, the shady loan fraud in the real estate market is gradually being uncovered. According to the survey, fraudulent loans have gradually become one of the most harmful and frequent risks in personal housing loans of commercial banks.
Step 1: the developer borrows the ID card of the related party to handle the mortgage loan.
Developers find their own employees or some related people to pretend to be buyers, and then borrow their ID cards to apply for mortgage loans. The developer will promise them in advance that the down payment and monthly payment will be provided by the developer and will give them a "benefit fee" of several thousand dollars.
Step 2: Forge the income certificate and contact a lawyer to confirm his repayment ability.
Developers forge the income certificates of these people and contact relevant lawyers to issue legal opinions to prove that these people have the ability to repay.
Step 3: Use false loan materials to contact the bank to get a loan.
The developer will hand over the loan materials to the bank, and some employees in the bank will contact the developers in advance. They will conduct a superficial review of the materials submitted by these developers to help the developers easily obtain 80% loans, because the developers will give them "benefits".
Step 4: After obtaining the loan, you will finally make a profit in two ways.
After developers get loans, they usually take two ways.
One way is to sell second-hand houses. Developers attract real buyers to buy second-hand houses through the illusion of hot selling, and will raise prices appropriately according to the illusion of hot selling, so that developers can make money by selling second-hand houses.
In another case, after obtaining 80% of the loan, the developer is not prepared to continue to pay the monthly mortgage, just waiting for the bank to apply for auction. Then make a profit by arranging a formal auction.
For example, a building, 100 households, each unit is worth 500,000. If the house is still in its own hands through internal subscription, the developer can get 50x70% = 350,000 yuan from the bank. The developer only needs to pay back 50,000 yuan, and the annual mortgage is more than 1 10,000, which is enough for 4 years. But the developer can hold 300,000 x50 =150,000 cash. And this cash is enough for them to pay all kinds of expenses and even roll into the construction of the next real estate.
Deceiving bank loans of 654.38+55 million yuan: the biggest fake mortgage fraud case in Beijing, Senhao Apartment case.
At the beginning of 2005, Beijing Senhao apartment project was exploded, and real estate developers and bank employees jointly made fake mortgages, defrauding bank mortgage funds of 750 million yuan, and then 10 people were arrested one after another. In September 2007, three bank loan workers involved in the case were sentenced for dereliction of duty of state-owned enterprise personnel.
In the case of 65.438+55 billion yuan, Zou Qing and others fabricated the sales facts of Senhao Apartment and Huaqing Apartment to defraud the bank loan, which caused widespread concern.
The sales facts of fictional commercial houses in Senhao Apartment and Huaqing Apartment developed by the company are adopted. By signing a false commercial housing sales contract with the purchaser, forging the purchaser's income certificate, down payment certificate and other loan materials, he signed a personal mortgage loan contract with Bank of China Beijing Branch in the name of the purchaser to apply for a mortgage loan, and defrauded Bank of China Beijing Branch of 644 million yuan and 654.38+0.07 million yuan twice.
A lawyer told reporters that the "karate" method of collusion between developers, banks, lawyers and fake buyers is widely used in the real estate industry: developers artificially raise housing prices, and then pretend to be customers with their employees and other related parties as buyers, and obtain high bank loans through false sales. Developers use inflated house prices as the benchmark proportion of mortgage, and put cash higher than actual house prices into their pockets.
The routine of developers and others defrauding loans is divided into the following three steps: the first step is that Huayunda Company fictionalizes non-existent property buyers and creates false sales facts. From the identity of the buyer, the sales contract, to the down payment certificate and income certificate, there are fakes. In the second step, the two law firms issued seriously untrue legal opinions to prove that the loan applicant has the ability to repay the loan principal and interest. The third step, the real power of the bank "ghost" internal response, loan approval without obstacles, fraudulent loans can be implemented smoothly.
With a good relationship with the bank, Zou Qing designed a thrilling jump. Senhao apartment, which was shut down for two years, suddenly opened in a high-profile manner, once setting a sales record at that time. Soon, Senhao apartment was sold out.
But the fact is, Zou Qing mobilized more than 200 people to buy houses falsely through a series of operations, and obtained a mortgage loan of 645 million yuan from China Bank Beijing Branch. In the Senhao case, the public prosecution agency spared the false buyers while being the top three main responsible persons. "The purchase contracts signed were all *** 199, and 250 houses were sold. None of them are true.
Can the loan bank find out the fake house purchase contract?
Legal analysis: According to the knowledge of China Bank, banks can check the signing of fake house purchase contracts. The bank will review the applicant's information and will not approve the loan once it is found to be false. Personal housing mortgage loan conditions:
1. Has a permanent residence in the town or a valid residence status. 2 have a stable occupation and income, good credit, and the ability to repay the principal and interest of the loan on time. 3. Have self-raised funds of more than 20% of the total price of the purchased house and guarantee the down payment of the purchased house. 4. Having assets recognized by the bank as collateral or pledge. Or a unit or individual with sufficient compensation capacity as a guarantor to repay the principal and interest of the loan and bear joint liability. 5. There is a purchase contract or agreement, and the price of the purchased house basically conforms to the evaluation value of the bank or the real estate appraisal agency entrusted by the bank. 6. Other conditions stipulated by the bank. Information to be provided when applying for mortgage:
1. Couple ID card, household registration book/temporary residence permit, and foreigner household registration book.
Two copies of marriage certificate/divorce certificate or judgment/single certificate.
3 proof of income (format specified by the bank)
4. Copy of the business license of the unit (with official seal)
5. Credit certificate: including education certificate, other real estate, bank running water, large deposit certificate, etc.
6. If the borrower is an enterprise legal person, it must also provide the annual business license, tax registration certificate, organization code certificate, articles of association and financial statements.
Legal basis: Article 52 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for more than 10 and less than 15, and may be fined less than 1000 yuan; If the circumstances are relatively minor, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(1) Forging, altering or buying or selling official documents, certificates, certification documents and seals of state organs, people's organizations, enterprises, institutions or other organizations;
(2) buying, selling or using forged or altered official documents, certificates and supporting documents of state organs, people's organizations, enterprises, institutions or other organizations;
(3) Forging, altering or reselling tickets, boat tickets, air tickets, tickets for cultural performances, sports competitions or other valuable tickets;
(4) Forging or altering a ship's registration number, trading or using a forged or altered ship's registration number, or altering a ship's engine number.
Does it constitute a crime to forge a house purchase contract loan?
Forging a house purchase contract to make a loan should be characterized as a loan crime.
According to the provisions of the Criminal Law of People's Republic of China (PRC):
Article 193 Whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) Loans in other ways.
Extended data:
Related cases:
People's Daily Online, Qingdao, May 24-The first case of using forged purchase contract text and bank zero down payment housing loan in Shandong Province was solved in Qingdao a few days ago. All four suspects involved in the case have been brought to justice, and the loan of 3.8349 million yuan has been recovered by the public security organs.
At 5 o'clock on the evening of April 22, the Security Section of Qingdao North Public Security Bureau received an alarm from a real estate company that Liu Jian, the buyer of the company, withdrew a bank loan of 2.28 million yuan on the grounds that the bank loan exceeded the purchase price, which was very suspicious. After receiving the report, the leaders of Shibei Public Security Bureau attached great importance to it and formed a task force to conduct an investigation overnight.
According to the investigation, in February this year, Liu Jian (male, 26 years old, employee of a transportation company) and Zhang Yunbo (male, 29 years old, unemployed in Qingdao) signed a contract with a real estate company in the name of Liu Jian's younger brother to purchase a commercial outlet house with a value of 654.38+0.54 million yuan, and obtained the purchase contract and seal of the real estate company.
Later, in the name of others, the seal of the real estate company was forged into a commercial housing sales contract, and then the fake purchase contract was used to handle housing mortgage loans in the bank, totaling 3.83 million yuan. When the bank transferred all the money to the real estate company, Liu Jian received a refund of 2.28 million yuan from the real estate company on the grounds of overpaying the purchase price.
On the afternoon of April 23, the police arrested Liu Jian, and Liu confessed to the crime of defrauding bank loans. On the morning of April 25, the police arrested Xu Niangen, a suspect who privately engraved Liu Jian's official seal. On May 9th, Jiang and his wife surrendered under the threat of "strike hard". On May 2 1 day, the suspects Liu Jian and Xu Niangen were arrested by the police according to law.