/kloc-more than 0/00 owners sold their houses, but they didn't receive the final payment. The house was cancelled by the buyer unilaterally and quietly, and was mortgaged by other banks and loan companies. The case involved hundreds of millions of yuan. More than 200 sellers fell into a situation where their houses and property were empty and suffered heavy losses. And the corresponding hundreds of buyers turned out to be the main victims.
What is the mystery of these hundreds of second-hand housing transactions? How's it going so far?
1
With the disappearance of the final payment, more than 200 sellers have both houses and money.
630 first reported the situation of Ms. Shi. In June this year, a man named Li Jie said through Hengtian Real Estate that he wanted to buy a house in Ms. Shi's sand area and paid a deposit of 20,000 yuan. Later, Li Jie finally asked Ms. Shi and the so-called nephew Liu Qiang to re-sign the purchase contract for various reasons. The property was directly transferred to Liu Qiang's name, and the mortgage information was also signed by Liu Qiang.
Ms. Shi re-signed the contract and went to a bank in Changshou for a face-to-face interview with Liu Qiang. A few days later, the intermediary said that the bank had been approved and informed Ms. Shi to go through the transfer procedures. On the day of transfer, Ni Xiangshi, who claimed to be a friend of Li Jie, paid a deposit and a down payment of 400,000 yuan. After receiving the down payment, Ms. Shi transferred the house to Liu Qiang's name. The agent said that they would return the certificate to the bank later, and Ms. Shi would just wait for the bank to lend money.
Then Ms. Shi waited for several months and never waited for the final payment. She went to the bank for consultation and learned that in July, the buyer had unilaterally gone to the bank to handle the mortgage cancellation procedures, and the mortgage balance of 6,543,800+0.25 million was not settled. At the time of face-to-face signing, the buyer found a guarantee company, and after the transfer, the real estate license was handed over to the guarantee company found by the buyer. And this housing agency not only did not handle the final re-certification link, but even did not know the name of the guarantee company that handled the re-certification, and now it can't be contacted.
House hunting
Informal small intermediaries are very risky in all aspects.
After the news broadcast, another victim contacted 630, and their experience was basically the same as that of Ms. Shi. The buyers who contacted the transaction were also Li Jie and Ni, but they were finally transferred to a woman named.
After the transfer, the buyer's gang unilaterally and quietly canceled the mortgage loan procedures. In addition, the buyer will find other financial institutions to make mortgage loans and lend the money. After the seller transferred the house to the buyer, he could not receive the final payment, and the house was empty.
According to upstream news reports, more than 200 victims in Chongqing have had similar experiences, involving hundreds of millions of yuan. In these cases, Ni's name appears frequently, but in the end, the buyers of the Shanghai Stock Exchange are different people. What are the conditions?
It turns out that these buyers are also the main victims, they are called the owners of real estate, and the industry slang is also called pigs.
Therefore, to sum up, the contract for selling a house must not have an agreement to transfer the house to the designated person's name, which is actually the first step for fraud gangs to arrange scapegoats.
2
A scapegoat, an ignorant, greedy and costly person.
In the continuous reporting of 630, the truth gradually surfaced. Mr. Li, the buyer of the Shanghai Stock Exchange, revealed the relevant details in an interview.
This Mr. Li was dragged in by Ni from the beginning. They are called owners, which means they are not real investors, they just play the role of buyers.
At the time of transfer, the property will be transferred to the holder's name, and then these holders need to cooperate with the gangs behind them to cancel the mortgage loan at the bank signed by the seller, and also need to cooperate with other financial institutions to make mortgage loans.
The re-mortgaged money was taken away by the gangs behind it, and the holders carried millions of mortgage loans.
(Piglet pays the bill)
. The gang behind Ni and others will tell the holders that they will pay the mortgage installment on time.
So, what will the holder get? According to Mr. Li, according to different credit information,
The holder will get a holding fee ranging from 5 thousand to 20 thousand.
The agents that fraud gangs are looking for are usually people with low income and low education. These agents have a weak legal awareness and know nothing about potential risks. Custody holders will not think that in order to covet a little petty profit, they will fall into a huge risk trap, and they will become scapegoats or even be beyond redemption.
The money was taken away by the fraud team behind it, and the holder not only owed the seller the final payment, but also assumed millions of mortgages.
Now speaking of news, fraud gangs such as Ni and others have stopped sending money to the holders of loan accounts. If this situation continues, the holder will become a faithless person and be blacklisted because of continuous overdue repayment.
Even if the fraud gang is finally sentenced, if the money has been transferred overseas or squandered by them, it may not be recovered in the end, and the holder may become a scapegoat. The holder will also become a big victim of this scam, and the final situation may even be worse than that of the seller.
If the repayment is overdue, the house under the holder's name will become an auction house, and the auction house can only sell it at a discount of 67% on the market price. However, these houses can be mortgaged many times by fraud gangs through banks, small loan companies, Xiaojin platforms and other financial institutions, and the market price is 10% or even equal to the market price (financial institutions participate, which is not standardized). in other words
The money after the house auction is not enough to repay the debts of banks and other financial institutions, let alone the final payment of the seller.
The escrow holder will be pursued by the bank and the seller, and all other assets under the escrow holder's name may be applied by the debtor for freezing the auction.
According to Mr. Li, the agent, the gang behind them seems to be a well-organized, well-defined and well-versed gang. Among them, there are housing agents, bank employees and even lawyers to deal with agents and sellers.
So, what loopholes did the gang find in the withdrawal of the certificate? In these cases, are the relevant real estate agents and bank staff innocent or accomplices?
three
Where is the loophole? Are intermediaries and banks accomplices or innocent?
Looking back at several cases reported by 630, the key problem lies in the withdrawal of the certificate, that is, after the transfer of the house, the buyer unilaterally canceled the mortgage procedures and went to other financial institutions to apply for the mortgage, resulting in the seller being unable to get the final payment.
The first key question is, why can buyers unilaterally cancel mortgage procedures in second-hand housing transactions?
After the interview, it takes time for the bank to approve. Before the mortgage is approved, the buyer unilaterally applies for cancellation, which is the buyer's right and the bank cannot refuse. In this case, the bank has no obligation to inform the seller. If the intermediary colludes with the buyer or even the bank to trick the seller into transferring ownership before the mortgage fails to pass the examination, then the buyer can easily cancel the original mortgage formalities after the transfer.
If the bank mortgage has been approved, then in principle, both buyers and sellers need to go to the bank for written procedures, and the buyer cannot cancel it unilaterally. However, if the bank is found by the buyer himself, the fraud gang behind the buyer bribes the bank staff to participate in collusion, which does not rule out the possibility that the bank cancels the mortgage formalities in violation of regulations.
All in all,
Finding an unreliable small intermediary and letting the buyer find a bank to handle the mortgage will bring risks to the seller.
So we can see that the intermediaries involved in this incident are basically small intermediary stores.
The second key question is, after the mortgage is approved and the transfer is completed, why can buyers cash out their mortgages in other banks?
When the property is transferred, the buyer needs to authorize the mortgage for the bank signed by the seller through Chongqing Express. The intermediary can send the photos of the real estate license back to the bank, and the bank can handle the mortgage. After the bank completes the mortgage, it can inquire about the mortgage in the property rights center. But this process usually takes about a week in Chongqing.
There is a week's interval from obtaining evidence to completing mortgage loans for banks, and the information is opaque, which is a key loophole in second-hand transactions.
Note that as long as the transfer is completed, the buyer has obtained the real estate license (
Even if the seller or intermediary keeps the original title certificate, the buyer can apply for a replacement privately.
)。 From obtaining evidence to completing the mortgage this week, buyers can move their minds with the certificate. When buyers' gangs handle mortgage loans in other banks and other financial institutions with real estate licenses, these financial institutions can't find out the mortgage situation at this time because of the opaque information, and will soon lend money to buyers.
Even if it is a formal intermediary, the risk of this loophole is difficult to eliminate. However, if the big intermediary operates normally, it will control the mortgage link. If the buyer has other abnormal mortgage behaviors, the intermediary of the person in charge will soon find the abnormality and deal with it accordingly. Therefore, the highest-priced but relatively standardized green intermediary has not been affected this time.
In more than 200 cases in Chongqing, buyers' gangs are basically looking for small intermediaries, because the management of small intermediaries is not standardized, and intermediaries are more likely to be cheated or implicated. Looking for a formal intermediary to sell a house can largely avoid the risk of this second-hand transaction, and can also actively face the problem.
However, as long as this loophole in the return link is not patched, this risk cannot be absolutely avoided.
four
The new regulations have been introduced, and the loopholes in second-hand housing transactions in Chongqing have been repaired.
How to patch the second-hand housing transaction?
In fact, the key loophole is the time difference between receiving the certificate and completing the mortgage establishment, so this time difference should be eliminated. In fact, according to netizens' comments, in cities such as Qingdao, transfer and mortgage are carried out at the same time. Without the time difference, there would be no such loophole.
In addition, according to Chongqing local intermediary practitioners, there was a time when transfer and mortgage were carried out at the same time. But we don't know why this process changed later, which also led to loopholes.
After the incident, Chongqing quickly introduced new regulations to optimize the registration of second-hand housing transaction transfer notice and mortgage notice, thus repairing this loophole.
This notice was signed on February 28th, 2002165438+and will be implemented as of the date of issuance, that is, the new regulations have been implemented and the original loopholes have been fixed. Patching can be understood as solving the problem of the time difference between the receipt of the certificate and the establishment of the mortgage by notifying the registration in advance.
According to the Notice, both the registration of advance notice of transfer and the registration of advance notice of mortgage are applied online, and the application materials are paperless, so as to simplify the process as much as possible. Most importantly, the real estate registration agency needs to process the application for advance notice registration in time, and the longest time is no more than 1 working day. After registration, it will also issue the electronic real estate registration certificate to the obligee. According to the provisions of China's civil code, after the advance notice registration, if the real estate is disposed of without the consent of the obligee, the real right effect will not occur.
In other words, after the advance notice registration, other banks can also find information through the pre-registration platform, and it is no longer feasible for buyers to find bank mortgage loans with real estate licenses.
five
What is the crazy operation? Empty gloves and white wolves, mysterious gangs exposed inside.
Fraudulent gangs, including Ni, use system loopholes to run hundreds of companies crazily and cheat crazily. Aren't they afraid of legal sanctions?
This gang is actually playing a real estate speculation mode with empty gloves and white wolves. From the initial design, they thought they could land successfully. Some netizens who know the situation also exposed the whole operation mode.
Because second-hand housing transactions usually take half a year to pay the final payment, and some will pay the seller in installments for a longer period. And doing mortgage loans can quickly set out the money to form working capital. After half a year, you can operate another set, you can pay a set of final payment and have extra funds, and then you can add leverage to operate more. After several cycles, if the houses initially operated are sold at high prices one after another, they will successfully cash out and leave.
The premise of this karate real estate speculation model is that house prices are rising. If all the houses managed are finally shipped smoothly under the condition of balance between buyers and sellers, they can make a big profit and get away with it. But this is a karate model with a knife edge licking blood. Once the house price falls and the house can't be sold, this game mode will completely collapse and become a super fraud case.
According to the internal video of 1 1 in the 630 report, they are playing this game and have been playing it for three or five years. But in the second half of this year, the second-hand housing market in Chongqing was very depressed, and the game mode of this gang completely collapsed.
Real estate is a bulk asset, and all kinds of monsters are concerned here, so there are many big pits in the property market. If you don't pay attention, you will be deceived.
In addition to this second-hand housing transaction scam, house leaseback sales and house lease custody are the hardest hit areas in recent years, plundering the wealth of countless families. We've cracked a lot of cases before. However, it is a pity that today, there are still many customers who continue to be deceived in similar routines.
At the end of the article, we selected some previously reported cases, hoping to help some readers.
Scan code added to husband's personal micro-signal
Jia WeChat entered the Chongqing property market exchange group.
Special statement:
1. This article is only the author's personal opinion and is for reference only.