There are many risks in "fake divorce and fraudulent loans". Industry: too difficult, not feasible.

The news of "fake divorce, cheating 7 million real estate speculators for loans" circulated by social media recently attracted attention. According to the news, the real estate speculators used the existing real estate to obtain bank funds through fake divorce, and then continued real estate speculation with the obtained funds. When the news came out, it triggered a large-scale discussion. Insiders pointed out that "fake divorce and loan fraud" are difficult to operate, reminding the public not to try the law.

□ Source

Online uploading of "fraudulent loans and real estate speculation" triggered a heated discussion.

The operation method of the online case is: "The husband and wife have a suite in Beijing. I just wrote the house in my wife's name and then faked a divorce. Now the market price of the house is 7 million, so I asked her to sell it to me100000, with a down payment of 3 million and a loan of 7 million. In this way, we continue to live in the house, but we have 7 million more in our hands. The income from this 7 million investment can just be used to repay the mortgage. If the house price drops sharply, I won't repay the mortgage and let the bank take the house away. In this way, our house will be realized at a high level; If the house price continues to rise, I can really sell it at the right time and earn the difference. "

The background of the popularity of real estate cheats on the Internet is that the issue of real estate leverage has recently attracted much attention. Zhou Xiaochuan, governor of the central bank, said in Shanghai on February 26th that the logic of adding leverage to individual housing is correct, and housing loans should have a stage of vigorous development. The proportion of individual housing loans in the total loans of China banking industry is still low, and it is still a safe product. The real estate market also needs countercyclical adjustment, and it is enough to reduce the prudence of the down payment ratio. On February 2, the central bank and the China Banking Regulatory Commission announced that the down payment ratio of the first suite in non-restricted cities can be as low as 20%.

□ Investigation

Rarely does it create high housing prices in large quantities.

"When the real estate market is hot, you will hear such rumors of fraudulent loans. A few years ago, Beijing began to restrict purchases and loans. At that time, house prices rose sharply, and there were also cases of fake divorce leave to get married and buy a house. At that time, my mother-in-law also suggested that my husband and I divorce, avoid the property market policy and go to the bank to borrow money to buy a house. I refused. This is a gamble, and there are too many uncertainties. Not good, people and money are empty. " Ms. Wang sighed to reporters after hearing the above-mentioned "cheats".

The reporter learned that there are many cases of high housing prices in the market. "Generally, buyers are just needed, such as young couples, who have already paid the down payment and have no funds to decorate the house. I hope I can borrow hundreds of thousands more from the bank to solve the problem of house decoration. The general quota will not be particularly high. " A real estate agent said.

Insiders pointed out that recently, under the influence of multiple factors such as mortgage policy, house price and public opinion, the real estate market began to "get excited", and this round of real estate deleveraging has also attracted much attention. In the case of online transmission, such a large number of "doing high" is relatively rare. However, it is not excluded that some people in the market use houses to borrow from banks, invest in wealth management, stock market and property market, or use them for private lending.

□ Analysis

The price difference is too obvious and easy to identify.

Is it really feasible to pass the risk on to banks and empty-handed wolves?

A state-owned lender told reporters that "there is a professional process for bank mortgage evaluation. Divorce and mortgage fraud cannot escape the bank's risk control department. Not to mention, the transaction price in the case is 40% higher than the market price, and the price difference is so obvious. "

The person further pointed out that the amount of housing valuation needs to be evaluated by professional institutions or professionals, and it is not the buyer and seller who have the final say. In addition, although the two divorced falsely, they did have the fact of marriage before, and the suspicion of this related party transaction is very obvious. In addition, if the house price is highly valued, the bank will directly refuse the loan.

"In the process of buying and selling second-hand houses, the bank requires the evaluation company to evaluate the price of second-hand houses, and the upper limit is the highest price of similar houses. If it exceeds the upper limit of similar houses, the bank will definitely not give you a loan. At present, the valuation of house prices is generally slightly lower than the market price. " The above-mentioned housing agency practitioners said.

A number of real estate industry insiders said that it is not excluded that some people in the market use houses for reverse mortgage loans, but this large-scale "doing high" situation is relatively rare. It is really difficult to vacate 6,543,800+million from 7 million properties.

The repayment amount is too high, and the income cannot be guaranteed.

It is understood that the current bank loans attach great importance to personal economic strength. When the bank handles the mortgage, it will ask the lender to provide the capital flow of the personal account, which is the first repayment source for the bank to evaluate the borrower. Secondly, in the actual operation of banks, mortgage is regarded as the second source of repayment.

"Don't say whether the bank will lend them money. Even if the above case wins, both husband and wife will face high mortgage pressure. " The above-mentioned real estate agent pointed out that in this case, the loan was 7 million yuan, and if the repayment method was based on the equal principal and interest (30 years), the monthly mortgage was 37,000 yuan. According to the basic requirements of loans generally implemented by banks, even if the lender has no other liabilities except mortgage, its monthly income must reach twice the repayment amount, that is, 74,000 yuan per month.

The reporter learned that according to the data of the National Bureau of Statistics, the average monthly salary of employees in China in 20 15 years is 656 US dollars, which is about RMB 4 134 yuan. According to statistics, the average annual disposable income of urban residents in Beijing, Shanghai and Shenzhen in 2065 and 438+05 was 52,859 yuan, 52,962 yuan and 44,633.30 yuan, respectively, and the annual income was less than 74,000 yuan. In this case, if a couple can successfully obtain a loan, their salary level needs to be several times higher than the national average wage level.

In addition, this mortgage situation is higher than the average repayment level of China people, which is obviously a minority. According to the data of the Personal Bookkeeping APP Digging Institute, the average monthly repayment amount of Chinese people has exceeded 4,000 yuan for six consecutive years, and it is as high as 4,600 yuan in 20 12 years. Financial planner Zhang Yunfei suggested that the housing burden ratio, that is, the monthly housing contribution divided by the monthly after-tax income, generally does not exceed 25%-30%.

In addition, some financial people pointed out that it is not feasible to repay the mortgage with the cash investment income of 7 million yuan. At present, the benchmark interest rate for loans over five years is 4.90%. If it is a second-hand house, it needs to pay various taxes and fees, and the annualized rate of return on financial management needs to be stable above 6% for a long time. At present, with the central bank's interest rate cut, RRR's interest rate cut and interest rate drop, the yield of wealth management products also drops. It is understood that at present, the average yield of bank wealth management products on the market is around 4%, while P2P and Internet financial wealth management products have high returns but high risks.

□ Reminder

Suspected loan fraud should be criminally liable.

Li Yiping, a professor of economics at Renmin University of China, pointed out that from a global perspective, the down payment ratio of mortgage loans in China is relatively high. On the one hand, banks have strict risk control, on the other hand, supervision should guard against the "subprime mortgage crisis". In the context of high mortgage down payment, ordinary people may not be able to make a mortgage. During this operation, both husband and wife also face other surgical risks. If the relationship between the two people breaks down in the future and becomes a real divorce, then the party without a name on the real estate license will face the risk of property loss.

A number of lawyers said that there is no doubt that online cases are illegal. In order to defraud the false transaction of bank loans, banks can immediately recover the loans. If the loan cannot be recovered or causes heavy losses, the relevant personnel may be suspected of loan fraud and bear criminal responsibility.

The Criminal Law clearly stipulates the crime of financial fraud and related penalties: under any of the following circumstances, whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.

In addition, if it is discovered by the bank, the bank can immediately stop lending, which will also have an impact on personal credit. If the house price falls, it will be difficult to break the loan, and it will be impossible to leave the house to the bank. Breaking the loan will form a personal credit stain, and the bank will still recover the difference from the individual and recover the liquidated damages and late fees.

□ Link

The threshold of preferential interest rate for the first suite in Beijing is lowered.

Last week (February 29-March 4) mortgage data monitored by Rong360 showed that the average interest rate discount of the first suite in Beijing dropped to 8.6 fold, and the implementation interest rate was 4.2 1%, and the preferential trend did not decrease.

The data shows that for the first suite, the Agricultural Bank of China adjusted to 8.3 fold, Nanjing Bank, China Construction Bank, bank of tianjin Bank and Bank of East Asia adjusted to 8.5 fold, and Citibank adjusted to 8.6 fold, and the interest rate of 8.5 fold was still the mainstream; In terms of the second down payment, Bank of Nanjing adjusted it to 40%.

(The above answers were published on 20 16-03-08. Please refer to the actual situation for the current purchase policy. )

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