Easy installment conventional loan prosecution

After handing over his house to the leasing agency for five years at a time and paying the rent once a year, Hualin (pseudonym) became a "landlord" and felt very relieved.

Unexpectedly, eight months later, she suddenly received a "debt collection" message from a factoring company. She was shocked and became an "IOU".

After further investigation, Hua Lin found that without her knowledge, the leasing agency signed the annual rent factoring contract and decoration loan in her name. Now she has not only two debts of hundreds of thousands in her own name, but also lawsuits from factoring companies.

Recently, rents in first-tier cities have risen sharply, and the rental loans of tenants behind them have formed a pool of funds for leasing operators, which has been accused as one of the financial risk points. This case of Hualin is the rent discount business at the landlord level. The product structure involves leasing, factoring and P2P, and its quantity and scale are huge.

From "Abandoning Landlord" to Defendant

20 17 12 12. Hualin signed a house lease contract with Hunan Yunhe Property Management Co., Ltd. (hereinafter referred to as Yunhe), with a lease term of 5 years and an annual rent of 2,300 yuan per month, with rent-free for two months in the first year. Since 20 19, the rent has increased by 5% every year, and the total rent for five years is nearly150 thousand.

According to Hua Lin's memory, seven days after signing the contract, she received two mobile phone verification codes, which were granted and explained. This is the information needed by the head office to verify the payee, and Hualin is required to provide the verification code. Waring, listen. The next day, she received the first year's rent plus a month's deposit, totaling 25,200 yuan.

Linhua.she has no doubt. Eight months later, on August 8, 2065438 18, she suddenly received a short message from Tianchen, demanding to repay 49 175 yuan and pay 2978 yuan as overdue penalty.

The confused Hualin contacted the customer service according to the content of the short message. The customer service showed three electronic contracts, namely Supplementary Agreement of Custody/Lease Contract, Annual Rent Factoring Service Contract and Loan Contract, and claimed that Hualin should repay the loan according to these three contracts.

Hua Lin realized that her verification code was used to sign the contract. Then, she found on the judicial public website of Chengdu Court that on August 20 17 18, she and several other landlords became defendants, Wang Xinwei, the legal representative of Yunhe Property, was the defendant, and Tianchen Factoring was the plaintiff. The case is currently under trial.

According to the open network of Chengdu court, Tianchen sued 69 people as plaintiffs, and the cause of the case was a contract dispute.

From "evicting the landlord" to the defendant, Hua Lin contacted 10 landlords and they shared her experience. They are all allowed to sign three electronic contracts with the verification code of property fraud and receive debt collection messages. According to Hualin's statistics, 1 1 The total amount owed by the landlord is 588,000 yuan.

Financial practice of housing share

House stock is the flagship product of financial assets. According to the official information of financial assets, this is a rental financial product with discounted rent. "Provide rental returns to landlords in advance to help apartment operators expand their housing at low cost and enhance their market competitiveness."

So, with Tianchen's help, Yunhe's verification code signed several contracts. Wang Xin admitted that all three electronic contracts were signed without the landlord's knowledge. "At that time, Tianzhu said that he would sign these three contracts in the name of the landlord." Wang Xin said.

Among them, Tianchen Factoring, Hualin and Yunhe Property have signed factoring contracts, and Tianchen intends to make Hualin and Yunhe get a one-time rental income of 56,200 yuan in advance by transferring the rental receivable rights under the lease contract; Hualin is responsible for repayment. Once overdue, Tianchen can claim compensation from Hualin and ask for permission and joint liability.

This is also the reason why Hualin received Tianchen's debt collection information.

Another loan contract shows that Yiyin.com, as an intermediary service platform, and Hualin, as a borrower, initiated a renovation loan with an amount of 56,200 yuan and an interest rate of 1 1.9%. Lender involves 12 people.

Guo Ren, a global partner and lawyer of PCG, analyzed that from the above contract, two loans were formed, but the specific situation should be subject to all materials including bank information.

In the eyes of landlords such as Hualin, there is actually only one loan, 56,200 yuan. According to Wang Xin, Tianchen's factoring business is equivalent to directional credit.

In this process, we all need the cooperation of the landlord to initiate loans and sign factoring contracts in the name of the landlord. "That is to say, the P2P transformation loan was made by myself. Tianchen took the money and paid it to Yunhe and me. Isn't this a scam? " Hua Lin said.

Then, how can the P2P decoration loan in the name of the landlord go to Tianchen for rent concessions? What is the transaction structure of residential products?

In this regard, Tianzhu, Fenrong Assets and Yiyin.com did not respond.

In Guo Ren's view, in the Hualin case, the landlord's information was misappropriated, and the landlord formed a legal relationship with the actual lenders of Tianzhu and P2P platforms; At the same time, Yunhe Property has played many roles, both as a lessee, a financial intermediary and a second landlord.

However, due to the establishment of intermediary status in the whole transaction process, Yunhe Property evaded many civil legal responsibilities. At the same time, by collecting rent and decoration money, Tianchen gained arbitrage, but passed on the responsibility for repayment to the landlord.

Once the capital chain of Yunhe is broken and cannot be repaid, both the landlord and the investors in the initial P2P platform will face risks.

On the one hand, the factoring company can recover from the landlord and ask Yunhe Property to bear joint liability; On the other hand, according to Yiyou.com Waring's loan contract, 65,438+02 investors lent her money. She is also responsible for repayment. At present, it is unknown whether these 12 investors have received the corresponding funds. Otherwise, investors may have to bear the losses themselves.

At the same time, the factoring company and Yiyin.com only signed the contract with the borrower by SMS, without explaining the borrower and failing to fulfill the obligation of prompting. Two wealth management products are suspected of violating the rules, especially whether there is knowledge of lending, and there are serious problems in the basic lending relationship.

Hua Lin still doesn't know why Tianchen sued herself or how to deal with the repayment information she received. Wang Xin issued a statement saying that the relevant factoring and decoration loan contracts occurred without the landlord's knowledge, and all the terms, rights, responsibilities, obligations and agreements involved had nothing to do with the landlord.

And promised to pay the property management fee owed by the landlord before the end of August 20 18, and sort out and divest the legal or economic disputes (if any) between the landlord and Tianchen.

Wang Xin, Yunhe Wuha (Yunhe affiliated company) shall take full responsibility for any economic disputes or legal disputes. According to Wang Xin, Yunhe Tianchen is currently negotiating to solve the problem. Due to the large number of people involved in the lawsuit, the Chengdu court has not issued a subpoena to Hualin and other landlords.

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