Is illegal housing loan being withdrawn in advance? We must be serious about cracking down on “house mortgage business loans”

Recently, a "Personal Loan Early Recovery Notification Letter" from Shanghai has attracted widespread social attention - because the operating loan was misappropriated to purchase a house, this loan of nearly 3 million yuan was required to be repaid within a time limit.

In addition to Shanghai, under tightened supervision, first-tier cities such as Beijing and Guangzhou are also strictly investigating the entry of illegal funds into the property market.

Loans used illegally were withdrawn

Since the end of last year, the booming property markets in Shenzhen, Shanghai and other places have brought financial products such as "housing mortgage business loans" to the surface. Illegal inflows of credit funds into the property market have also become the focus of regulatory crackdowns, and cases of illegal loans being withdrawn early have already appeared.

After checking Shanghai's "Notification Letter of Early Recovery of Personal Loans", the reporter learned that because the lender failed to fulfill the relevant provisions on the "purpose of the loan" in Article 4 of the loan contract as agreed, the bank announced that this nearly The loan of 3 million yuan expired early, and the lender was notified that the principal and interest of the loan must be repaid in full before March 31. If it is not returned within the limited time, it will be deemed as overdue and penalty interest will be incurred. The bank will take measures such as litigation and property preservation.

“The regulatory authorities are going to take serious action this time.” Mr. Zhang from the Credit Department of Guangfa Bank Beijing Branch explained to the reporter of China Consumer News that this means that if the borrower in Shanghai applies The loan is a house mortgage, so he now has only two options: either raise money to repay the loan, or the mortgaged property is confiscated by the bank.

According to industry insiders, the background of such incidents is that in January this year, the Shanghai Banking and Insurance Regulatory Bureau explicitly required banks within its jurisdiction to conduct a back-examination of relevant businesses for half a year, and conduct a review of consumer loans and loans issued since June last year. Comprehensive self-examination of operating loans and personal housing loans was carried out, and an interception mechanism was publicly proposed for the first time. In April 2020, the Shanghai headquarters of the central bank made it clear at a symposium on real estate credit that it is strictly prohibited to provide funds to home buyers in the form of consumer loans or business loans.

Yan Yuejin told reporters: "The interest cost of buying a house with a business loan is much lower than that of a mortgage loan. The annual interest rate of mortgage loans is generally 5-6, and in some places it even reaches more than 6, and the down payment requirements are also Relatively high, and the annual interest rate of operating loans is generally below 4. "

According to Yan Yuejin, in response to this phenomenon, previous financial regulatory policies did not involve loan recovery. In 2016, Shanghai issued a regulatory policy requiring the down payment of mortgage loans to be its own funds. The penalty method at that time was to add violators to the list of dishonest people. In the same year, Shenzhen also issued similar requirements, mainly to crack down on Internet financial companies, small loan companies and other financial institutions engaged in financial leverage financing businesses such as down payment loans, crowdfunding for home purchases, and bridge loans. From 2017 to 2020, local mortgage supervision policies were mainly implemented to combat the behavior of fraudulently obtaining loans through fraudulent transactions.

Yan Yuejin believes that this year, the monitoring of real estate finance will continue to be strengthened, especially in terms of "illegal capital inflows into the property market", and maintaining the stability of the real estate financial environment has become more important. It is expected that in the future, cities where house prices have risen too fast, especially large cities, will strengthen supervision of illegal capital inflows into the property market, and measures to recover loans in advance will have a deterrent effect on real estate speculators.

Many places have strengthened capital supervision

Shanghai is not an exception to the early recovery of illegal loans. Beijing and Guangzhou are also strengthening supervision of such behavior.

The manager of an intermediary store in the Baizhifang area of ??Beijing told reporters that a house in a school district that he handled was sold just before the Spring Festival and was recently put up for sale again. The listing price was still "reasonable" because of this The owner used his house to offset his business loan and was found out by the bank. Now he has to pay back the loan and is forced to sell the house. "What should I do if I don't sell the house? Who can come up with millions of yuan in cash at once?"

A senior person in the banking industry in Beijing revealed to the media that some commercial banks in Beijing have already Credit funds that have illegally flowed into the property market will be recovered and customers will be required to return them in advance.

The source said that since last year, regulatory authorities have conducted regular spot checks, collecting information to screen out any abnormalities in accounts and possible inflow of consumer loans into the property and stock markets. If problems are found, the bank will take appropriate measures. Follow-up processing.

“The competent authorities have conducted a general investigation of transaction cases in hot spots in the Beijing real estate market, especially in Xicheng Financial Street, Dewai, Haidian Wanliu, Zhongguancun and other hot school districts.” Beijing City Chen Zhi, secretary-general of the Real Estate Association, told reporters.

The Guangdong Banking and Insurance Regulatory Bureau also stated a few days ago that it will seriously investigate and punish the illegal flow of business loans and consumer loans into the real estate sector, requiring banking institutions within its jurisdiction to focus on credit investigation, credit review and approval, post-credit management, and third-party institutions Carry out comprehensive risk investigation in all aspects including business cooperation, strictly regulate business cooperation with intermediaries, and plug business management loopholes in a timely manner.

On March 16, the Guangdong Banking and Insurance Regulatory Commission issued a notice on "Strictly abiding by "Houses are lived in, not speculated" and resolutely punished chaos. So far, after big data screening, ledger analysis, file review, Through various methods such as flow tracing and personnel interviews, it has been discovered that the amount of business loans and consumer loans suspected of illegally flowing into the real estate market exceeds 30 million yuan.

In addition, self-examinations by banking institutions in the Guangzhou area found that 147 million yuan of problematic loans were suspected of illegally flowing into the real estate market to 305 households, 642 suspicious clues were sent to the police, and 40 personal business loans were confirmed by institutional investigation. The loan was misappropriated to purchase a house, and relevant agencies have initiated rectification and accountability.

On March 23, Beijing notified the illegal entry of business loans into the real estate market after comprehensive self-examination and special verification by banks within its jurisdiction. It was discovered that the amount of personal business loans suspected of illegally flowing into the Beijing real estate market was approximately 340 million yuan, accounting for approximately 0.35 of the total business loan self-examination business. At present, relevant banks are making every effort to promote rectification work.

According to a notification from the Shenzhen Banking and Insurance Regulatory Bureau, since April 2020, the bureau has conducted a comprehensive investigation of 154,000 operating loans worth 177.173 billion yuan of Chinese commercial banks in the jurisdiction, and selected 6 banks to conduct centralized During the on-site inspection, the inspection coverage rate was nearly 50%, and 21 suspected illegal loans totaling 51.8 million yuan were recovered in advance.

Loans will be recovered under three circumstances

Recently, the real estate market has increased in some hot spots, and industry insiders generally believe that the entry of business loans into the property market in violation of regulations is the reason for the significant rise in this round of property market. The main reason is that this has attracted regulatory authorities in many places to take action. Judging from the intensity of regulation and control of illegal business loans entering the property market in various places, Beijing has the strictest crackdown.

According to industry insiders, there are currently three main situations where banks require early repayment due to misappropriation of operating loans:

The first is when banks or regulatory authorities obtain Relevant evidence that the borrower used the loan illegally; the second is that in the early stage, the borrower turned a blind eye and the borrower took out a business loan, but later there were problems with the capital chain and the loan was not repaid. I hope the bank can exempt it. Partial interest, or delayed repayment. In this case, the bank is likely to require the borrower to repay in advance; the third is that during the regulatory inspection process, problems with the capital link are discovered, and the bank is required to conduct a reverse investigation and recover the loan. .

“From the results of strict inspections of operating loans, we can see the reasons for the different increases in housing prices in various places. From the perspective of housing price increase, Shenzhen ranks first, and Beijing is at the bottom of the first-tier cities, but operating loans are detected the most. This represents the strongest control policy in Beijing’s property market,” said Zhang Dawei, chief analyst of Centaline Real Estate.

Zhang Bo, president of the branch of 58 Anjuke Real Estate Research Institute, believes that the market must realize that the relevant departments have significantly strengthened their control over the financial side, and all parties in real estate transactions need to sound the alarm. It fully reflects the determination and strength of the regulatory authorities.

In addition, some intermediaries or financial institutions played a certain role in promoting the illegal flow of business loans into the property market. Zhang Bo said that in the future, regulatory authorities and banks will continue to intensify their crackdown on housing-related loans, and at the same time, severe penalties will also need to be imposed on institutions that violated laws and regulations in the early stage.