"In one day, my home was' stolen'!"
On the morning of 20161kloc-0/6, Ms. Zhang, who lives in Xinyuan Xili Community, Chaoyang District, Beijing, went out shopping and suddenly received a phone call from her mother, Aunt Li. Ms. Zhang quickly returned after hearing the news, only to see that the door lock had been forcibly pried open, and the things at home were quickly cleaned up by more than a dozen big men and piled up in the yard of the community.
"Why did you break into my house and forcibly move our things?" Ms. Zhang argued angrily with these "intruders" and stopped them. However, this group of people took out the property ownership certificate of this house. When the head of the household recorded above showed "Li" instead of Ms. Zhang's mother, Aunt Li, the mother and daughter were completely deceived. "This is not your house, we are legally vacated!" The leading "intruder" said arrogantly.
"In one day, my home was' stolen'." Aunt Li can't help crying when she thinks that the only house where a family of four (Aunt Li, daughter, son-in-law and granddaughter) lived for 35 years is gone. ...
On May 20 16, Aunt Li was recommended to know Guangmou, who called herself "the vice president of Beijing Store Network". Guangmou told Aunt Li that she was doing a "house-to-house pension" project. She only needs to use the real estate license to make a mortgage loan for three months, and then lend him money to get 5% monthly interest. After the expiration of three months, she will recover all the principal and interest, and then redeem the real estate license with the principal. "Guangmou patted his chest to ensure that this project is risk-free and does not need to pay any fees. As long as you sign some simple agreements, you can earn a net interest of nearly 500 thousand yuan. I will be moved. "Aunt Li said.
Guangmou specially introduced the "entrusted agent" Long Mou to Aunt Li, and emphasized that Long Mou was not only reliable, but also "magical". He has handled the relevant procedures of "providing for the elderly with housing" for many elderly people and knows many "golden owners". He can provide a mortgage. "Just give it to Longmou with peace of mind. Don't worry about anything else, just wait for a few dollars." Longmou told Aunt Li that she had found the "golden owner" Wang to provide mortgage loans, but until now, Wang has never appeared.
Next, Long accompanied Aunt Li to a notary office in Beijing. Under his "guidance" and urging, it took Aunt Li less than 10 minutes to sign a thick stack of documents prepared in advance for notarization. "Long Mou didn't let me have a closer look, saying that they were all basic contracts. He examined them carefully. All I have to do is sign his name and press his handprint. The notary never told me what it was. " Aunt Li said.
In addition, except for the loan of 6.5438+0.9 million yuan issued by Aunt Li, all the signature documents were collected and kept by the entrusted agent Long, and Aunt Li didn't even have a copy. After the house was transferred, Aunt Li took these documents from the notary office and found that in addition to the loan contract and the house mortgage contract, there were notarized creditor's rights documents with enforcement effect and the power of attorney for house disposal. Especially the power of attorney, it can be said that Longmou enjoys all the right to dispose of the property, including mortgage cancellation, sale, property registration, tax payment and so on.
How was the old man's house "stolen"
Aunt Li's experience is not an isolated case. Lawyers of Zhicheng Public Welfare Lawyers Group told reporters that there have been dozens of similar cases in which the elderly who provided assistance lost their houses due to financial mortgage. 1 1 elderly people are victimized only in the criminal chain of Guangmou, entrusted agents Long Mou and Wang Mou.
How did the old man's house transfer?
"The notarized power of attorney is the key document that leads to the sale of the house." According to Wu Jie, the person in charge of Zhicheng public welfare criminal project, the "entrusted agent" can sell the house without the old people's knowledge. Most of the power of attorney states that "I want to sell the property located in a certain place at the cost price, and I hereby entrust the trustee with full authority to handle mortgage registration, sign relevant documents and agreements, obtain warrants, prepay, cancel mortgage registration, sign online contracts, transfer ownership, withdraw money and entrust …".
Under the "deception" of the "entrusted agent", the old man notarized the power of attorney without knowing it, which fully met the requirements of the housing management department for the transfer of ownership to others, which was equivalent to the old man handing over the house to others while borrowing money from the "owner", instead of just using the house as collateral as the financial manager said.
"Even if the old man has signed the power of attorney and notarized it, because the entrustment is a unilateral legal act, the authorization can still be revoked through notarization. In the case where we provided consultation, some elderly people woke up before the transfer of the house and revoked the previous entrustment notarization through notarization. " Wu Jie believes that even so, it is still difficult for the elderly to keep their houses, because there is still the existence of "notarization of creditor's rights documents with enforcement effect". When signing a loan contract with the "gold owner", the old man also notarized the repayment agreement. This means that the owner can directly take the notarial certificate to the notary office to apply for an execution certificate, and then apply to the court for compulsory execution and auction the property of the elderly without the consent of the elderly.
In addition, because the elderly have been "fooled" to the housing management department for mortgage registration, if they can't repay the loan on time, they can't sell the house without the consent of the "owner". "Mortgage registration makes property a guarantee for creditor's rights. Even if the elderly only have one property, it is inevitable to be sold. " Wu Hao said.
"These cases all have similar' routines', which make full use of the psychology of the elderly who don't understand the law. Through various legal documents designed with ulterior motives in advance and a series of well-planned and interlocking operation methods, the old man finally fell into the abyss of selling houses and transferring ownership. "
The new "house fraud" and the "silver harvest" in a legal coat
"We believe that this is a new type of' house fraud' implemented in the name of' financial management', and it is a' silver-haired family' wearing a legal coat specifically for the elderly." Wu Jie said that the fraudster's modus operandi seems to fit perfectly, and seems to be supported by complete legal documents, but it is not impeccable.
"More and more fraud cases against the elderly are characterized by chain and specialization." Liu Junhai, a professor at the Law School of Renmin University of China, believes that if we only pay attention to the isolated link of fraud, it will be difficult to find the problem. Only by investigating all links, sorting out the whole chain and confirming the roles and legal responsibilities of different people in the chain can we effectively crack down on such fraud and safeguard the legitimate rights and interests of the elderly.
"The core of the deception of the elderly house lies in the notarization of the power of attorney and the creditor's rights documents with enforcement effect." Liu Junhai analyzed that if it can be proved that in the notarization process, the notary office was at fault, failed to fulfill its obligation to examine the authenticity of the materials, or the notarization violated its true meaning, or was maliciously colluded by criminals and notaries in the notarization process to cheat, these notaries that are not conducive to the elderly can not only be revoked, but also the legal responsibilities of relevant personnel can be investigated.
Although the pain of "losing the house" continues, the action of "protecting the house" is also exerting strength. With the efforts of the old people and the help of lawyers, the truth of the matter has been stripped off layer by layer, the "routine" and purpose of deception have become increasingly clear, the power of assistance has become more and more powerful, and the determination to safeguard rights is extremely firm.
The old people reviewed it many times and complained to the notary office. On May 3 this year, the Ministry of Justice imposed a series of penalties on the Beijing National Notary Office, revoking the practice licenses of Li and Feng, notaries who handled the notarization of "house fraud" for the elderly for many times, in view of the fact that the property of the parties was bought, sold or mortgaged without knowing it.
In addition, under the guidance of lawyers, the old people are actively seeking relief through civil and criminal channels. "Next, we are going to bring a lawsuit to the court to confirm that the loan and mortgage contracts are invalid due to fraud. We will also apply to the public security organs for filing an investigation and investigate the criminal responsibility of these lawless elements." The old victim told reporters.
Up to now, some elderly people have temporarily saved their houses by legal means such as filing lawsuits and registering objections; Guangmou was also arrested by the procuratorate on suspicion of illegal fund-raising and fraud. The old people's "house protection action" has also achieved initial results.
In the interview, the reporter felt that although the old people suffered great physical and mental pain in the face of the misfortune of losing their houses, they did not lose hope and chose extreme private relief. Instead, they exchange information and enjoy evidence in the struggle and rights protection, and actively seek to safeguard their own rights and interests in the track of studying law and doing things according to law. "I used to let the liar take advantage of the loopholes and lose the house because I didn't understand the law. Now we must rely on the law to get our house back. " The old people said.
Fraudulent means are increasingly refurbished. Defending rights and asking for real estate must not let scammers succeed. If public officials cooperate with swindlers, they should eliminate the ranks of public officials!