1. What are the consequences of using fraudulent information for loans?

Forging information constitutes the crime of fraudulently obtaining loans, and secondly, refunding the fraudulent funds.

Forging information to defraud a loan will constitute defrauding the People's Republic of China and Article 175-1 of the Criminal Law of the People's Republic of China: Obtaining a loan guarantee letter from a bank or other financial institution by deceptive means and giving it to the bank or other financial institution. Those who cause heavy losses to other financial institutions or have other serious circumstances shall be sentenced to three years of imprisonment and concurrently or solely fined; those who cause other particularly serious circumstances to banks or other financial institutions shall be sentenced to fixed-term imprisonment and concurrently be fined.

If you forge information to obtain a loan, you must return the fraudulent funds. It was discovered that the loan had been disbursed. Cancel the loan contract and return the loan funds. If borrowed, compensation must also be made.

In addition, fake qualifications were used to apply for loans. Forging information to obtain loans and blacklisting. At the same time, this information is recorded on the borrower's personal credit report. It will be difficult for the borrower to apply for a loan or other credit in the future.

2. What are the consequences of cheating on mortgage loans?

The crime of loan is the act of defrauding a bank or other financial institution of a relatively large amount of money for the purpose of illegal possession.

If an individual makes a loan, the amount of more than 10,000 yuan is considered a "large amount" and may be sentenced to a special prison sentence of not more than 5 years or criminal detention; if the amount is more than 50,000 yuan, it is considered a "huge amount" and The person may be sentenced to more than five years or less than ten years; if the amount exceeds 200,000 yuan, it is considered an "especially huge amount" and may be sentenced to more than ten years or less.

3. What is the phenomenon of housing loan fraud?

After another interest rate cut on October 29, 2008, an inversion of deposit and loan interest rates appeared in our country. The bank's five-year time deposit interest rate is 5.13, and the loan interest rate for more than five years is 7.2. According to the new mortgage policy, first-time home buyers can get discounts of up to 30%, so the actual mortgage interest rate can be as low as 5.04, which is lower than the five-year deposit benchmark interest rate of 5.13. Indeed, during this period, there was an interest rate inversion, which provided a signal for interest rates to fall. Interest rates will definitely fall again. As a result, on November 27, the benchmark interest rate fell by 108 points. This was an unprecedented decline, 11 In March, due to the economic downturn, the inflation rate dropped to 2.4. The negative interest rate phenomenon has been reversed. The economy entered a deflation channel, which provided room for further declines in interest rates. As a result, on December 23, 2008, the benchmark loan interest rate was lowered again. It should be said that according to the international economic situation and the background of large-scale global interest rate cuts, there is still room for China's interest rate cuts. National policy guidance stimulates domestic demand, and the stimulation of the real estate market is an important choice, because the stimulation of the real estate market can stimulate more than 100 people. industry. However, after the national 30% discount interest rate policy was introduced, it was certainly not good for banks. Banks are enterprises that operate money and aim to make profits. Therefore, the major banks did not formulate implementation details in a timely manner until January 1, 2009. Only on this day did the four major banks implement a 30% discount on the unpaid portion of existing mortgage loans that had already enjoyed a 15% discount, and in the specific implementation, they set conditions for no discount for overdue repayments or bad credit. In some places, even There is a requirement to pay a fee of 500 yuan, and some places have set up special policies that only offer discounts if the total amount is greater than 300,000 yuan. However, the existing housing loans are still limited, and they were all implemented in January 2009. At this time, the deposit interest rate has been reduced. Yes, banks still have profit margins. The bank’s losses due to inversion are only the inverted interest rate difference between incremental loans and deposits during the period from October 27 to November 27.

IV. Fake What are the ways to defraud mortgage loans? How do real estate companies defraud loans with fake mortgages?

Real estate companies defraud loans in disguise, which has attracted great attention from the government and society. It used to be a very common unspoken rule in the real estate circle for companies to fake mortgage loans. What is fake mortgage fraud? How is fake mortgage fraud implemented?

Real estate companies cheat on loans in disguise, which has attracted great attention from the government and society. It used to be a very common unspoken rule in the real estate circle for companies to fake mortgage loans. What is fake mortgage fraud? How is fake mortgage fraud implemented?

Types of fake mortgage fraud

There are two main types of “fake mortgages”.

The first type is that developers find their own company employees, shareholders, relatives and friends to pretend to be home buyers, and fill in legal documents such as pre-sale contracts, home purchase contracts, loan contracts, mortgage contracts, etc., and these people and Banks sign personal housing loan contracts, obtain loans, and walk away once they make a profit.

The other type is that developers forge borrowers’ signatures and apply for loans from banks with fake procedures. If the developer fails to repay the loan on time and the "signed" borrower claims that the contract is invalid on the grounds that he did not actually purchase the house, bank loans will face great risks.

How can fake mortgage fraud be realized?

The history of fake mortgage fraud is as long as the history of real estate development in China. However, the market was booming in the past. It often appeared as a "white wolf" game, a kind of leverage to leverage capital. , and did not appear to be fraudulent loans; however, behind the current series of check-outs, the shady story of fraudulent loans in the real estate market is gradually being revealed. According to surveys, loan fraud has gradually become one of the most harmful and most frequent risks in personal housing loans from commercial banks.

Step 1: The developer borrows the ID card of a related person to apply for a mortgage loan

The developer finds its own employees or some related persons to act as false home buyers, and then borrows their ID cards to apply for the mortgage loan 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 "favorable fee" of several thousand yuan.

Step 2: Forge proof of income and contact a lawyer to confirm their repayment ability

The developer forged proof of income of these people, contacted a relevant lawyer to issue a legal opinion, proving that these people have Ability to repay.

Step 3: Use false loan materials to contact the bank to obtain a loan

The developer will submit the loan materials to the bank. There are employees in the bank who have been contacted by the developer in advance. They will be responsible for these developers. The submitted information is superficially reviewed, helping developers to easily obtain 80% loans because the developers will give them "benefits".

Step 4: After obtaining the loan, make a profit in two ways

After developers obtain the loan, they usually adopt two methods.

One way is to sell second-hand houses. Developers use the illusion of hot sales to attract real buyers to buy second-hand houses, and will increase housing prices appropriately based on the illusion of hot sales, so developers can make money again when selling second-hand houses.

Another situation is that after the developer obtains an 80% loan, he is not ready to continue paying monthly payments and waits for the bank to apply for auction. Then make a profit by arranging a formal auction.

For example, in a building with 100 units, 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 from the bank. The developer only needs to take With a loan of 50,000 yuan, the annual mortgage payment is more than 10,000 yuan. I can pay it back slowly by myself, which is enough for 4 years. But the developer can hold 300,000 X 50 = 15 million in cash. The cash is enough for them to advance various costs and even roll over into the construction of the next building.

The largest fake mortgage fraud case in Beijing to defraud a bank loan of 1.55 billion yuan: Senhao Apartment Case

In early 2005, the Beijing Senhao Apartment project was exposed and real estate developers and bank employees jointly created fake mortgages. After defrauding bank mortgage funds of 750 million yuan, more than 10 people were arrested for this. In September 2007, three bank loan officers involved were sentenced for dereliction of duty by state-owned enterprise personnel.

In the 1.55 billion yuan case, the fact that Zou Qing and others fabricated the sales facts of Senhao Apartment and Huaqing Apartment and defrauded bank loans has attracted widespread attention.

Fabricated the sales facts of Senhao Apartments and Huaqing Apartments developed by the company, signed false commercial housing sales contracts with house buyers, forged income certificates, down payment certificates and other loan materials for the house buyers, and used the house purchase By signing a personal mortgage loan contract with the Beijing Branch of the Bank of China in his own name to apply for a mortgage loan, he defrauded the Beijing Branch of the Bank of China of 644 million yuan and 107 million yuan twice.

A lawyer told reporters that the "karate" technique of developers, banks, lawyers, and fake home buyers colluded to defraud housing loans, which has been widely used in the real estate industry: developers have artificially raised housing prices. , and then used employees of the unit and other related parties to pretend to be customers as home buyers, and obtained high-value bank loans through false sales. Developers use the inflated housing prices as the benchmark ratio for mortgages and pocket cash that is higher than the actual housing prices.

The scheme used by developers and others to defraud loans is divided into the following three steps: In the first step, Huayunda Company invented non-existent home buyers and created false sales facts. Everything from the identity of the home buyer, the sales contract, to the proof of down payment and proof of income are all fake. In the second step, two law firms issued seriously inaccurate legal opinions proving that the loan applicant had the ability to repay the principal and interest of the loan. In the third step, the "insider" of the bank with real power responded internally, and there was no obstacle to loan approval, and the fraudulent loan was successfully implemented

Relying on the good relationship accumulated with the bank, Zou Qing designed a thrilling plan jump. Senhao Apartment, which had been under construction for two years, suddenly opened to the public with a high profile, and once set a sales record at the time. Soon, Senhao Apartment was announced to be sold out.

But the truth behind the sold-out property is that through a series of operations, Zou Qing mobilized more than 200 people to falsely purchase houses, and obtained a total of 645 million yuan in mortgage loans from Bank of China Beijing Branch. In the Senhao case, the public prosecutor's office, while focusing on the first three main culprits, was lenient to false house buyers. "There were ***199 purchase contracts signed, and 250 houses were sold. None of the house purchases were genuine.