Forging information constitutes the crime of defrauding loans, and the second is to return the defrauded funds.
Forging information to defraud loans will constitute the crime of fraud. Article 175 of the Criminal Law of People's Republic of China (PRC): Whoever obtains loan guarantees from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three days and fined; Whoever causes other particularly serious circumstances to banks or other financial institutions shall be sentenced to fixed-term imprisonment and fined.
Falsifying information to defraud loans and demanding the refund of the defrauded funds. Found that the loan has been issued. Dissolve the loan contract and return the loan funds. If you borrow it, you have to pay for it.
Besides, the IOUs are forged. Forged information to defraud loans into blacklists. At the same time, record this information in the borrower's personal credit report. It is difficult for borrowers to apply for loans or other credit in the future.
Second, what are the consequences of defrauding mortgages?
The crime of loan is an act of defrauding banks or other financial institutions for the purpose of illegal possession, and the amount is relatively large.
If an individual issues a loan with an amount of more than 6.5438+0 million yuan, it is a "large amount" and can be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is more than 50,000 yuan, it is a "huge amount" and can be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the amount is more than 200,000 yuan, it is "especially huge" and can be sentenced to more than ten years or.
Third, what is the phenomenon of fraudulent loans?
After the interest rate was cut again on June 29th, 2008, 10, the domestic deposit and loan interest rates were upside down. The interest rate of five-year fixed deposit is 5. 13%, and the interest rate of loans over five years is 7.2%. According to the new mortgage policy, you can enjoy a maximum discount of 30% after buying a house for the first time, so the actual mortgage interest rate can be reduced to 5.04%, which is lower than the benchmark interest rate of 5-year deposits by 5. 13%. Indeed, during this period, the interest rate is upside down, which provides a signal for the interest rate to fall, and the interest rate will definitely fall. As a result, the benchmark interest rate fell by 165438+ 10 month on June 27th, an unprecedented decline. Due to the economic recession, the inflation rate dropped to 2. The deflation channel of the economy provides room for further interest rate cuts. Therefore, on February 23, 2008, the benchmark loan interest rate was lowered again. It should be said that according to the international economic situation, there is still room for China to cut interest rates in the context of large-scale global interest rate cuts. The real estate market is an important choice for the national policy to stimulate domestic demand. Because the real estate market can stimulate industries above 100, but after the introduction of the national preferential interest rate policy, it is of course not good for banks. Banks are profit-making enterprises, so the major banks have not formulated the implementation rules in time. It was not until June 65438+1 October12009 that the four major banks enjoyed a 15% discount on the outstanding part of the existing mortgage. And in the specific implementation, the conditions of overdue repayment without interest discount or bad credit are set. In some places, it is stipulated that 500 yuan fees should be paid, and in some places, a special policy of preferential treatment can only be given if the total amount is more than 300,000 yuan. However, the stock mortgage loan is still limited and was fully implemented in June 2009. At this time, the deposit interest rate has been lowered, and there is still room for bank profits. The loss of bank upside down was only after June 27, 2009.
4. 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.