According to relevant regulations, banking financial institutions should inform borrowers in writing of the legal risks and related impacts of illegal use of credit funds to purchase houses, and sign a letter of commitment on the use of funds when signing a loan agreement with borrowers, making it clear that once loans are found to be misappropriated in the real estate sector, they will immediately recover the loans, reduce the credit line and investigate the corresponding legal responsibilities.
Judging from this trend, the investigation and tracking of future loan use will inevitably run through the whole process before, during and after the loan.
Why is loan use investigation so important?
First, confirm the legality of the loan purpose.
The purpose of loan is one of the key issues in pre-loan investigation. Credit Commissioner can infer the purpose of the loan by knowing the user's business situation, debt situation and litigation situation.
If the borrower maliciously fabricates the purpose of the loan, it may constitute fraud.
If the loan is used for illegal activities, the loan relationship is not protected by law and shall not be established.
Secondly, the purpose determines the nature of the loan product.
Different loan products correspond to different scenarios, and borrowers can only apply for loans if they meet the requirements set by the products.
For example, mortgage loans are designated to pay the remaining house payment, and most credit cards are designated for consumption.
According to different loan purposes, we can analyze the borrower's consumption habits, economic strength and assets.
Third, the actual use of the loan may have an impact on the market trend.
When a large amount of loan funds flow into a market, it is very likely to lead to abnormal market development. At present, the three most obvious influences are the real estate market. Previously, rising real estate prices triggered "real estate speculation". After the tightening of bank mortgage policy, many people turned their attention to operating loans to operate loans, and finally used them to invest in buying a house.
Such a vicious circle has led to rising house prices.
In addition, tracking the actual use of loans is conducive to monitoring illegal activities, stopping losses in time, and preventing criminals from succeeding.
So, what should ordinary people do when banks investigate the use of loans?
It is understood that the methods of bank investigation are roughly divided into formal investigation and substantive investigation.
Formal investigation:
The borrower shall provide relevant proof of the loan purpose within one month after the loan is issued, including the purchase invoice (production and operation loan) and the expenditure invoice (consumer loan-personal housing decoration loan) for paying the house decoration expenses.
Substantive investigation:
It depends on logical relations or business habits. For example, banks issue production and operation loans to borrowers as working capital. Within one month after the loan is issued, the bank loan officer will go to the borrower's business premises to investigate the use of funds on the spot to see what raw materials the borrower has purchased, or pay water, electricity, rent, workers' wages, etc.
The payment of these funds must be consistent with the loan application or loan contract, otherwise, it is misappropriation of loans. Misappropriation of loans, according to the contract, the bank can announce the termination of the contract and recover the loan in advance, and also have the right to collect liquidated damages.
Therefore, when investigating the purpose of the loan, the bank only needs to provide corresponding evidence such as the expenditure flow and invoices that meet the purpose of the loan when applying for the loan.