31 Jul 2008

"Fake mortgage" fo Loan fraud Crime

Some developers seize the bank's policy gap, wantonly engaged in "fake mortgage" financing. "Bogus mortgage" is the main features of the backlog of real estate developers to obtain bank credit, bank fraud credit funds. "Fake mortgage" also caused a false prosperity of the representation of real estate, lured a large number of community funds into the real estate market, seriously endangering the health of the housing finance business development.

In order to curb the overheated economy at present, commercial banks are tightening, including real estate development industries such as the size of loans, but low-risk individuals, such as the mortgage business is not a strict limit. So some developers to seize the margins of policy banks, wantonly engaged in "fake mortgage" financing

The so-called individual housing loans "fake mortgage" means not true for the purpose of the purchase of housing, developers of the unit to employees and other relations between the people posing as customers as a purchase, through false sales (purchase), obtain bank loans of

Fake mortgage "a variety of forms

"Fake mortgage" the commonly used form of a number of developers virtual house purchase, and to those buying houses in the name of its signing false, false purchase contract, and then to the purchase of these virtual people apply for mortgage loans, which sets From bank funds. In this way, developers can as soon as possible "sales End," the recovery of investment, and achieve profitability. Some developers in the virtual house purchase were made through bank loans, housing will be sold to real people access to capital after the purchase of outstanding bank loans, but some housing developers will be unable to sell it simply absconded with money .

"Fake mortgage" is the main features of the backlog of real estate developers to obtain bank credit, bank fraud credit funds. Performance is a wide variety of forms: First, developers do not have cooperation in the main mortgage qualifications, or not signed with the bank mortgage loan business cooperation agreement, no commitment not to undertake any obligations, with the collusion of certain lawless elements, To obtain false bank sales of mortgage loans; Second, the name of individual housing mortgage loans for the taking of enterprise production and management of loans; three individual housing loans is not involved in a real, legitimate transactions based on the bank debt replacement or corporate restructuring; Fourth, the bank credit officers and corporate conspiracy, the prices set by the sale of water, or to the virtual borrowers do not have real purchase of the borrower paid a high percentage of individual housing mortgage loans; 5 per person for all borrowers is false purchase Rooms, some identity and address unknown, some for foreign migrant workers, or by developers Yishoubaoban, or by Bao Gongtou Yishoubaoban; six people are buying houses colluded with the developer to avoid a "zero down payment" policy constraints, the actual Shoufang Price after a certain percentage increase in Shoufang provisions in the contract, issued to the people buying houses received the first payment receipt, the two sides in accordance with the provisions of the false Shoufang contract price, according to the bank-to-value ratio for lending procedures. To take this kind of "fake mortgage" approach, buying houses in fact did not pay a penny to the developer of the first payment, and the bank has provided Shoufang to purchase 100% of the total borrowing.

"Fake mortgage" rampant property market

According to "China's real estate" to disclose, in a city record for the real estate mortgage, there is a third of "fake mortgage." "Fake mortgage" Zhanya a large number of bank funds, very easy to create bad bank assets, and endanger the security of credit funds, commercial banks are hidden in the body of a "malignant tumor." At the same time, "fake mortgage" caused a false prosperity of the representation of real estate, lured a large number of community funds into the real estate market, seriously endangering the health of the housing finance business development, needs to be preventive.

"Fake mortgage" Why more

The most common situation is the event of positioning errors, sales ease stagnation, the project faces danger of collapse, bank loans difficult to recover, developers losses. To avoid collapse, the developer of trying to seek "way out", "fake mortgage" is one of the tactics commonly used by developers. Therefore, the developers through their own staff, relatives, friends, or even to act as buyers of foreign migrant workers "buy" their property through for "fake mortgage" obtain bank loans, to return capital purposes. These so-called buyers and developers have an agreement earlier: only agreed "with a" live up to the responsibility of repayment. When these houses have real buyers, developers, prepayments, to the write-off of the mortgage sector to register after the transfer of real property buyers. If the developers of poor sales, resulting in inability to mortgage payments, the original fake buyers either to leave the company, either with knowledge or with the developers have agreed not responsible for the repayment, and other reasons for shirking its responsibility to deal with mortgage banking through Real estate loan-to change the relationship between the complexity of

This was followed by that is that because of the small and medium-sized real estate developers own limited funds, some of the building in the event there will be tight funds, in the sale of flats to spend stage, the floor, hit a large number are now shipping. Qifang sales in recent years because of the many problems, leading to the choice of buyers are now increasingly to the floor, tilt, causing many Qifang , developers return of funds through the sale of flats to spend more and more difficult, so some developers " Fake mortgage "black hands reaching Bank

There is another, when the number of flats sold in Weihuo stage, close to the clearing time, as these Weihuo difficult to sell out, even if reluctantly selling price is not ideal, therefore, some are developing a new set of developers because of liquidity Shortages, it will be the old site Weihuo by "fake mortgage" and "bundles" to the bank. These flats will be priced elevation often, to obtain more credit funds, so the risks of banks will become even greater.

In addition, housing development loans more stringent requirements, and housing mortgage loans to the relatively simple procedures, and individual housing loans than the rate of development loans low. Therefore, including some very large developers, hope to use late "fake mortgage" Such alternatives to obtain loans. Some banks staff mistakenly believed that even if these developers are doing "fake mortgage" is also the flow of funds to solve the problem, relatively low risk, in order to increase the so-called business, in order to "take care" customers, as a "Non-malicious, false mortgage more benign" and co-ordination.

In fact, banks have a responsibility. Commercial banks in particular small and medium-sized commercial banks too much emphasis on developing business and lower the threshold of mortgage loans, deregulation of the borrower's credit rating assessment, loan investigation, does not even register as collateral for payment of mortgage loans also, from an objective on the connivance of the "bogus mortgage "Occurred. In recent years, tremendous potential purchase of mortgage loans for housing development has brought enormous opportunities, the commercial banks for this low-risk credit business, not only between different banks for "gold" customers, but also different from the same bank Between the branches is for all commercial banks at all levels of mortgage loans issued indicators, and with the staff wages linked to the performance. In order to provide a good development mortgage loans, commercial banks have a variety of incentives, efficient services to attract high-end customers, developers promised to "try not to make things difficult for people buying houses," and "expedite the mortgage process," and some Commercial banks in particular, touched on the regulation of commercial banks or even give up their principles, often omit the borrowers to assess the applicant's grades, loan investigation, only the developers and borrowers to offer the borrower a written application for review of data, resulting in the The borrower's identity card, residence and work units, such as whether the real situation is not to verify the basic grant loans for the "fake mortgage" in providing a convenient.

At the same time, a few banks staff of professional ethics problems exist, and Bao Gongtou, developer of a malicious collusion, collusion

Thus, a "fake mortgage" is a variety of reasons, its main focus on selling "pre-" and sold "Weihuo" stage, Qi Fang, commercial space (including office space) and close to the clearing of the end of the event, especially those who do not sell Out the backlog of real estate, are prone to "false mortgage" and should therefore be treated in strict precautions in these areas.

"Fake mortgage" more serious damage to the financial order, for . According to the "Criminal Law of the PRC" the provisions of Section 193 refers to the illegal possession for the purpose of people using fictitious loans reasons, false documents and other means to cheat the banks or other financial institutions in the larger amount of loans, accounting for some others . "Fake mortgage", the developer of the unit to employees and other relations between the people posing as customers as a purchase, through virtual borrowers to obtain false sales practices of the larger amount of bank loans constitute acts of , will be subject to legal Sanctions.

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