When entrusting loans to intermediary companies, we should pay attention to the following points.
1. Risk of trading entity
If you entrust an intermediary to buy a house, the buyer can't know the real identity of the house seller, which may lead to correction.
2, the risk of trading houses
If you entrust an intermediary to buy a house, the buyer may not be able to grasp the housing information, whether the house used for trading is illegal or included in the scope, whether the ownership of the house is controversial, and whether the house has been mortgaged, which may happen.
3. Risks of trading contracts
When a buyer signs an intermediary housing loan entrustment contract, if the rights and obligations of both parties are not clear, or the terms of the contract are not clear, then the rights and interests of one of them will be easily damaged, which will easily happen.
Entrusted loan simply means that one party lends money to another party and entrusts it to a third party (commercial bank) for management. This kind of loan, commercial, only needs to be handled according to the requirements of the client.
Entrusted loan refers to the loan issued by a trust institution according to the requirements specified by the client. The funds, objects, quantity and use of such loans are determined by the client, and the trust institution is only responsible for the approval, issuance, supervision and use of loans, recovery at maturity and interest collection, and is not responsible for profits and losses. Trust agencies only charge a certain fee according to the contract.
Legal basis:
Article 25 of the Supreme People's Court's Provisions on Several Issues Concerning Trial Law
If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the listed interest rate of the one-year loan market when the contract is established.
Second, what is the serious breach of the loan contract signed by the intermediary?
What is the serious violation of the loan contract signed by the intermediary? The China Banking Regulatory Commission once again stressed yesterday that it is a serious violation to entrust an intermediary agency to sign a loan contract or collect a loan contract with a borrower. Banking financial institutions should seriously carry out self-examination, seriously investigate the responsibilities of relevant personnel, and properly handle the legal consequences arising therefrom. In this regard, the business manager of a loan guarantee company in Beijing said that the CBRC's move was mainly to prevent fake mortgages, but there are still a few banks that handle loan business for banks through intermediary companies. "The bank entrusts the loan business to an intermediary, which can attract more customers, and the intermediary company responsible for the agency can also charge a' commission' from it." The business manager said that this phenomenon is more common when the central bank implements loose monetary policy, and after the central bank tightens the bank loan quota, especially since this year, there are almost no cases in the market where intermediaries sign loan contracts with borrowers on behalf of banks. He revealed that it is a serious violation for banks to entrust intermediaries to sign loan contracts or collect loan contracts with borrowers, and "borrowers get bank loans through guarantee companies" is a relatively flexible way: borrowers pay a certain service fee, provide guarantees to banks through intermediaries, and rely on their own loan conditions to obtain considerable loans from banks. Due to the fierce competition of guarantee companies in the market, it is not excluded that some guarantee companies help borrowers muddle through and relax the examination conditions for borrowers without authorization in order to obtain business.
Three. The loan intermediary asked to sign a loan entrustment contract.
Pay attention to the following points when entrusting an intermediary company with a loan. 1. Risks of the main body of the transaction If an intermediary is entrusted to buy a house, the buyer cannot know the true identity of the seller of the house, which may happen. 2. Risks of housing transactions If you entrust an intermediary to buy a house, buyers may not be able to grasp the housing information. Whether the house used for trading is illegal or included in the scope, whether the ownership of the house is controversial, and whether the house is mortgaged or transferred without the written consent of the mortgagee may occur. 3. Risks of the transaction contract When the buyer signs the intermediary housing loan entrustment contract, if the rights and obligations of both parties are not clear, or the terms of the contract are not clear, then the rights and interests of one of them will be easily damaged, which will easily happen. Entrusted loan simply means that one party lends money to another party and entrusts it to a third party (commercial bank) for management. In this way, commercial banks do not need to bear the risk of loan losses, but only need to handle loan business according to the requirements of clients. Entrusted loan refers to the loan issued by a trust institution according to the requirements specified by the client. The source of funds for this loan is a special trust deposit, and the object, quantity and purpose of the loan are decided by the client. Trust institutions are only responsible for the examination and issuance, supervision and use of loans, recovery at maturity and interest collection, and are not responsible for profits and losses. Trust agencies only charge a certain fee according to the contract. Legal basis: Provisions of the Supreme People on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 25 If a lender requests the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the market quotation of one-year loan at the time of the establishment of the contract.