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 real pre-sale contracts, house purchase contracts, loan contracts, mortgage contracts and other legal documents. These people sign personal housing loan contracts with banks, take loans, and get out once they make profits.
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 major fraud case of 65.438+0.55 billion yuan, Zou Qing and others fabricated the sales facts of Senhao Apartment and Huaqing Apartment and defrauded 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 prosecuting the first three main responsible persons. "The purchase contracts signed were all *** 199, and 250 houses were sold. None of them are true.
(The above answers were published on 20 13-07-25. Please refer to the actual situation for the current purchase policy. )
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