However, there is no loan in Li Aiguo. The so-called loan is related to his selling a house. From May 20 14 to July 20 15, at least 8 1 victims in Shijiazhuang, including Li Aiguo, were involved in a real estate agency fraud case.
Shen Huaiyu is the actual controller of two real estate agents suspected of fraud. From May, 20 14 to July, 20 15, he instructed his wife and employees to act as housekeepers to cheat the trust of the elderly, and then induced the victim to sign a notarial certificate in the notary office, thus obtaining the mortgage of the real estate. After that, it mortgaged the house to a private owner for cash, and the mortgage money was used for operation and debt repayment.
2065438+July 2005, Shen Huaiyu's fraud group was insolvent, which was "thunder". At the same time, the seller owes "usury" and the debt collector "comes to the house". They tried every means to block the keyhole, break the switch and even tear down the door, including leaving a scarlet letter on Li Aiguo's door.
Being involved in the fraud case of Zhuolian real estate agency is an unexpected disaster for Li Aiguo.
There are two companies involved. A company named Hebei Zhuolian Real Estate Agency Co., Ltd. (hereinafter referred to as Zhuolian) is a local top real estate agent in Shijiazhuang. According to industrial and commercial data, its business scope includes real estate information consultation and real estate intermediary services. Another company named Hebei Zhong Bai Real Estate Agency Co., Ltd. (hereinafter referred to as Zhong Bai) has the same business as Zhuolian. The actual controller of these two companies is Shen Huaiyu, and the largest shareholder of Zhong Bai is his wife Zhang Hongna.
Shen Huaiyu was criminally detained on August, 2065438 14 on suspicion of contract fraud, and is now detained in Shijiazhuang No.1 Detention Center.
In June 5438+this year 10, the winning works were sent to Li Aiguo. In the past few years, Li Aiguo said he was exhausted. "I just want my house back as soon as possible," Li Aiguo said.
The "big boss" is actually a housekeeper.
Pretending to be a nephew to defraud the homeowner's mortgage loan.
Li Aiguo's bad luck began in June 2065438+2005. One day in June, "(Zhuolian salesman) Han Hongyan called me and told me that a client was looking for a house and asked me to have a look." Li Aiguo recalled. According to Li Aiguo, he did register the sale information on a certain platform, but it was not Zhuolian. The next afternoon, I was invited to Zhuolian International City Store to talk about selling houses, and met Duan Shiqiong, regional manager of Hanhe Zhuolian.
Li Aiguo was told that the buyer was a "big business owner" and was "not short of money". After the arrangement of Han, the two parties finally finalized the down payment of 6.5438+0.5 million yuan, and the rest were paid in installments. On the afternoon of June 10, Li Aiguo met the buyer Yan Weigang and signed a house sale (replacement) contract with the salesperson and Yan Weigang on the spot.
Li Aiguo sold the house under his name to Yan Weigang, and the transaction price was 960,000 yuan. Zhuolian Company, as an intermediary, is responsible for collecting the purchase price of the purchaser on behalf of Li Aiguo and keeping the original property certificate, facilitating the house transaction, and ensuring that the remaining house price is recovered and transferred to the Li Aiguo account. Both parties agreed that the loan would arrive on the same day.
In fact, Yan Weigang's true identity is not the "big boss". He is the manager of the investment promotion department of Zhong Bai Company under Shen Huaiyu. Li Aiguo was completely in the dark at that time.
One day in July, I got a call from Han. "Duan Shiqiong lost contact, and many houses have problems. Come to the company. " Duan Shiqiong is missing, and 800 thousand hasn't arrived. Li Aiguo was cheated.
At the same time, he found that the victim was not alone. When Li Aiguo arrived at Zhuolian headquarters building, many owners who entrusted Zhuolian to sell houses had gathered there.
Li Aiguo of the Housing Authority found that his house was mortgaged. According to the ruling, Yan Weigang signed a mortgage contract with Pan Hongyang, a private lender, in the notary office from 2065438 to early July 2005. According to the description, at that time, Pan Hongyang lent Yan Weigang RMB 6,543.8+0.3 million, with a monthly interest rate of 654.38+0.7% and a term of three months. The notary office is the notary office of Zhao Yan, Shijiazhuang City, Hebei Province, and then both parties mortgaged the property in the Housing Authority. Yan Weigang mortgaged two houses of Pan Hongyang, including Li Aiguo's house.
Li Aiguo realized that the real identity of the buyer Yan Weigang was not simple, and he also recalled the strange certificate he signed in the transfer hall of the Housing Authority.
According to Li Aiguo's memory, on June 6, 2065438 16, he signed a certificate in the transfer hall of the Housing Authority, proving that Yan Weigang, the big boss, was his nephew.
At that time, the text message showed that the Li Aiguo bank account of RMB 6,543,800+0.5 million had been paid. Subsequently, the relevant staff of Zhuolian produced a certificate of the relationship between an uncle and an nephew with blank names for Li Aiguo to sign. "He said that this is just a process for them, and the supervision account of the Housing Authority only supervises the down payment." Li Aiguo believes that since the down payment has been paid, there is no need to supervise the funds.
Li Aiguo told reporters that he was puzzled by the relationship between uncle and nephew. Finally, the relevant staff of Zhuolian changed uncle and nephew's relationship certificate to uncle and nephew's relationship certificate, and successfully applied for exemption from fund supervision on this ground. Afterwards, Li Aiguo learned that once the funds entered the supervision account, the intermediary could not use the real estate to borrow money from the bank.
According to informed sources, on July 20th, 20 15 16 -20, Pan Hongyang transferred the mortgage of 6,543,800+3,000 yuan for two houses, including Li Aiguo Real Estate, to the account designated by Yan Weigang in batches. "In most cases, part of the money he mortgaged is used to pay off debts, and part of it is directly transferred to Shen Huaiyu's private account."
According to the ruling, several witnesses said that at the end of 20 14, Shen Huaiyu stipulated at the management meeting of the company's sales manager and above that the down payment should be made to his personal account.
"The business I handle is agency fees, loan fees, down payment, etc. All of them entered Shen Huaiyu's account. When I need the company's financial expenses, it is also through Shen Huaiyu's account. " According to the testimony of a salesman of Zhuolian, "If the property is sold within a limited time, it will be compensated to the owner 1 10,000 yuan after the expiration of 6 months." Another salesman mentioned that in April of 20 14, Shen Huaiyu asked him to introduce a house at the dinner table, and the customer who bought the house was Yan Weigang.
According to informed sources, in another case, Yan Weigang once played husband and wife with Shen's wife to gain the trust of the victim.
The mystery of Zhuo Lian's funds:
Operating in debt, selling houses to pay off debts.
Shen Huaiyu's capital chain is as thin as a thin line.
When asked by the police, an employee of Shen Huaiyu said that in 20 13, the head office represented the "Furong Community" sales project in Guantao County, Handan, and joined the "Reliance Loan Company" in 20 14. Then both projects stopped. The employee doesn't know when the loss started. But since he joined the company, he has been in arrears with employees' wages at the end of each year.
Another employee revealed that since 20 15, the company has poor management, excessive foreign debts and insufficient capital turnover. Later, because the notary office no longer issued mortgage notarization projects, the company could not use the house as collateral to withdraw funds, and the company's capital chain began to break.
According to the judgment and inquiry record, some employees said that Zhuolian's problem business is mainly down payment and full mortgage (full mortgage, that is, after the company mortgaged the owner's house, it occupied the mortgage). The funds occupied by the head office after receiving the down payment were not handed over to the owner.
The prosecutor of the Hebei Provincial Procuratorate pointed out in court that Shen Huaiyu had been in debt for many years, knowing that he could not repay it, and tricked customers into conducting real estate transactions by signing the "House Whole Process Contract", which constituted the crime of contract fraud. In the interrogation transcript, Shen Huaiyu admitted that the money was used for company operation and debt repayment.
At this point, the outline of the event gradually became clear. It was found through trial that from May, 20 14 to July, 20 15, Shen Huaiyu used Zhuolian Company and Zhong Bai Company, which he operated, in the name of real estate agent, to fabricate facts, conceal the truth and defraud the victim's property in the process of signing and performing contracts and agreements such as "House Full-time Entrusted Sales Contract" with customers. It involves 8/kloc-0 victims, 42 houses, and the contract amount is 35.925 million yuan.
Financial commentator Yan Yuejin said that Zhuolian's own financing method is not complicated. To put it bluntly, this intermediary did not fulfill the responsibility of facilitating the transaction, but instead used the temptation of compensation of 10,000 yuan to defraud the house mortgage.
According to the data of Shijiazhuang Real Estate Association, local house prices rose by more than 30% in 20 14 compared with the previous year. From 20 14 to 20 15, the unit price of Shijiazhuang property market rose sharply, almost flat.
2065438+On September 25th, 2004, Shijiazhuang Housing Security and Real Estate Administration issued the Notice of Shijiazhuang Housing Administration on Cancelling the Housing Purchase Restriction Policy in our city, which means that Shijiazhuang officially cancelled the purchase restriction. As a result, housing prices in Shijiazhuang rose sharply, with an increase of more than 30% again.
"Once he has survived the cold winter of the property market, his business model will have the opportunity to be washed ashore under the stimulation of a sharp rise in housing prices." One of the homeowners' entrusted lawyers told the Beijing News reporter.
How is the house mortgaged?
The notary office revoked 30 notarial certificates in succession.
How did the fraud agent deceive the victim into the trap step by step? How is the notarized house mortgaged?
A notarized certificate issued by a victim to a reporter shows that the notarized matters are entrustment, and the power of attorney includes signing a real estate sales contract and related documents, collecting house money, signing a mortgage loan contract, collecting loan money, handling the transfer procedures of real estate transactions, handling the inquiry of house ownership and land certificates, reporting the loss, and collecting procedures. The notary is Zhang Afang.
Once this power of attorney is notarized, it means that the intermediary has a real estate license and can make a mortgage loan.
"So many people are cheated mainly because they are not familiar with the process." A victim surnamed Su told reporters bluntly. A number of victims submitted the Application Form for Notarization Review to the Notary Office of Taihang.
According to the Notary Examination Decision of Taihang Notary Office in Shijiazhuang City, Hebei Province provided by the victim to the Beijing News reporter, on 20 15 12 18, Taihang Notary Office revoked 28 notarial certificates at one time.
Soon after, the other two victims also submitted an application form for notarization review to Shijiazhuang Taihang Notary Office for the same reason.
Taihang Notary Office made two revocation decisions again on October 8th, 20 16/KLOC-0.
10 16 in the afternoon, at Shijiazhuang Taihang Notary Office, notary Zhang Afang told the reporter that both parties were present when signing the notarial certificate, and denied that there was an interest transfer relationship with Liu Guanghui (notary Zhuo Lian). "I don't know the staff of Zhuolian and Zhong Bai Company who handle notarization business. There is no other personal relationship between us. "
In response to the problem of "unread and unexplained" mentioned by the victim, Zhang Afang said, "Our notarization process did not read the notarization content to both parties."
A senior notary office in Shenzhen told the Beijing News reporter that these entrusted notaries only represent the two parties to reach an agreement on the notarization content. If they are not read, they will not cancel the notarization.
Then, why did Taihang Notary Office finally choose to revoke 30 notarial certificates in succession? The reporter dialed the telephone number of Han Yongqi, director of the Notary Office of Taihang, and the other party said that he would ask the leaders for an answer. As of press time, the other party did not respond.
There are also doubts about the application form for exemption from fund supervision signed by several victims of the Housing Authority. In addition to applying for exemption from fund supervision on the grounds of mutual agreement, others apply for exemption from fund supervision on the grounds of uncle-nephew relationship and uncle-nephew relationship.
According to a photo provided by a victim, a flow chart of the registration of the sale of stock houses (second-hand houses) was posted on the wall of Shijiazhuang Housing Registration and Trading Center. The figure shows that there are four types of people who can apply for exemption from supervision, namely, those who have obtained house ownership according to legal documents, those who have obtained house ownership through auction, those who have exchanged house property rights between buyers and sellers, and immediate family members.
"The relationship between uncles and nephews does not belong to immediate family members, and we don't know how the intermediary operates." A victim said.
"The relationship between uncles and nephews can also be exempted from financial supervision. As long as you promise to sign a relationship certificate to prove that you are relatives, you can be exempted from financial supervision." 165438+1On October 7, a staff member of the Real Estate Trading Center Office of Shijiazhuang Housing and Construction Bureau told the Beijing News reporter, "Even if you are a friend, as long as you guarantee the relationship, we will not conduct qualification examination here."
In the process of real estate transaction transfer, the fund supervision account shoulders the heavy responsibility of ensuring the security of transaction funds. The relevant person in charge has publicly stated that "all the stock houses that have obtained the" Property Ownership Certificate "within the five districts of our city are supervised by the transaction settlement funds."
However, the aforementioned staff said that if a friend wants to be exempted from fund supervision, he only needs to sign a certificate of kinship. "But if something goes wrong, you have to bear it yourself." The above-mentioned staff said: "You all admit that there is a relationship, so why should we drag you to transfer?"
165438+1October 7, the reporter called the director in charge of Shijiazhuang Housing and Construction Bureau many times, but no one answered.