Replacing mortgage pie with business loan or a trap?
Entering the property market in violation of loan regulations affects credit records
At present, the operating loan interest rate of many banks has been lowered to the lowest level of 3.4%-3.8%, and a few banks can even offer preferential interest rates of about 3% to some high-quality corporate customers.
The spread between mortgage interest rates and business loan interest rates has made many intermediaries see "business opportunities".
"Replacement of housing loans, 5 million loans for 10 years, saving millions of interest" "The minimum interest rate is 3.4%, the speed is fast and the amount is high"... Recently, many mortgage customers have received sales calls from financial intermediaries, persuading them to lower the interest rate on hand Convert a high home loan into a business loan with a low interest rate, saving a lot of interest.
Is this really the case?
A reporter from Beijing Youth Daily interviewed a number of industry insiders and found that the so-called loan replacement operation not only has a variety of hidden charges, but also hidden policy and legal risks.
Once a financial institution discovers illegal operations, it will immediately require the lender to pay off all the arrears in a short period of time.
Intermediary promotes housing loan to business loan business
Business loans, as the name suggests, are loans issued to meet the needs of business operations.
It is understood that with the increasing support of the state for small and micro enterprises and the gradual reduction of the loan market quotation rate (LPR), the operating loan interest rate of many banks has been lowered to a minimum level of 3.4%-3.8%. Customers can even give preferential interest rates of around 3%.
Although most personal mortgages are also linked to LPR and are priced by adding points to LPR, the range of points for existing mortgage customers has been fixed in the mortgage contract.
Therefore, many customers who took out mortgages in the past two years are still at 5.5% or even more than 6%.
The interest rate difference between the two has made many intermediaries see "business opportunities" and claim to provide "one-stop" services.
Because the business loan is a loan product for enterprises, the lender must have a company under the name of the lender.
A reporter from Beiqing Daily consulted "Manager Wang" who has been engaged in fund intermediary business for many years as a client.
He said that it is particularly suitable to replace business loans with home loans now, and the interest rate can reach 3.4%, as long as there is a residence in Beijing urban area under the name.
"Manager Wang" said that they will help prepare all the procedures related to the company's shareholding and all the information for applying for a loan.
However, the customer needs to pay off the mortgage first, release the original mortgage, and then apply to the bank for a business loan.
They can also provide bridging funds if the client cannot pay off the original mortgage on their own.
"Manager Wang" also emphasized that after the loan is taken, it cannot be directly credited to the customer's own account. There must be a "third party", that is, the supplier that the company needs to connect with for business activities such as purchasing raw materials.
"The third party receives the loan and then puts the money into your account."
Such "thoughtful" services are certainly not free.
"Manager Wang" said that their charging standard is 1%-2% of the loan amount, which will vary according to the actual difficulty of each case. If a third party is involved, they may also be charged separately, generally 0.5%.
The daily interest rate of bridge funds is generally one thousandth.
The Beiqing Daily reporter learned from other market participants that the basic operation of replacing business loans with housing loans is the "routine" introduced by "Manager Wang", but the charging standards will be different.
For example, for the interest rate of bridge funds, the standards of different intermediaries in different cities are high and low.
However, as long as the business loan is not disbursed, the bridge funds will be collected every day.
Although the intermediary said that it would be done soon, in reality, some customers encountered unexpected "mistakes" during the loan process, and they only put down the loan after a month, and the bridge interest cost a lot of money.
It's worth mentioning that all of these fees and interest are the cost of on-lending.
According to public reports, a small number of "unscrupulous" intermediaries will charge additional fees in various names during the processing process, such as guarantee fees, notarization fees, etc. The re-lenders finally found that the cost of re-lending was much higher than expected.
Business loan needs to be renewed regularly
In fact, many real-life cases show that customers who replace housing loans with business loans will face many policy and legal risks.
The vast majority of intermediaries do not communicate all of the risks to their clients.
A professional from the credit department of a large state-owned bank told the Beiqing Daily reporter that the regulatory authorities have always prohibited the illegal flow of business loans into the property market, especially since last year, the supervision has been significantly strengthened.
Relying on intermediary packaging to apply for business loans is definitely illegal.
The bank will have many requirements on the company applying for a business loan. Taking his bank as an example, it must require the company to operate for one year, and the lender to act as a legal representative and major shareholder for more than one year before applying for a loan. The company usually changes for a short period of time and does not meet the requirements of the bank's operating loan, and the bank will also increase its review efforts.
Even if the intermediary successfully helps the customer to apply for a business loan through fraudulent means, the bank will track the company's operation in the post-loan management. Once an abnormality is found and the loan has entered the property market in violation of regulations, the bank will require the customer to repay all the loans within a time limit. Loans and personal credit reports of customers will also leave bad records.
A reporter from the Beiqing Daily found that for the business loans packaged in violation of regulations, the loan withdrawal is not a small probability event.
Last year, many local banking and insurance regulatory bureaus across the country carried out special actions against business loans that entered the property market in violation of regulations. Many customers received notices from banks to withdraw loans and could not collect enough money to repay the loans in the short term. Had to sell the house at a low price to raise money.
In 2020, under the management of an intermediary, Mr. Shu Min of Shenzhen used a second-hand house in his name as a mortgage, and applied for 2 million yuan of operating funds as a down payment.
At the beginning of August last year, he suddenly received a notice from the bank, requiring him to pay off all the illegal loans within 30 days, otherwise not only will there be penalty interest, but he will also be listed on the untrustworthy list.
Mr. Shu couldn't sell the house in his hand for a while, and he didn't have so much extra money. In a hurry, he could only borrow high-interest bridge funds to repay the loan.
Faced with the daily interest rate of nearly 2,000 yuan per day, and the difficulty of selling second-hand housing, Mr. Shu said that he lived like a year.
In the end, the second-hand house had to be sold at a reduced price.
In addition, most banks will require operating loan customers for 1 or 3 years, with a maximum of 5 years to renew.
The lower the interest rate, the shorter the interval between renewals.
Each time the loan is renewed, the bank will also review the loan qualification and operation of the enterprise according to the procedures.
The bank will not guarantee that the loan will be successfully renewed, and it will not guarantee that the interest rate will be the same as the original when the loan is renewed.
What puts more pressure on lenders is that when renewing the loan, many banks will require the principal to be repaid first, and then issue a new loan after the loan is successfully renewed.
This means that customers are likely to find bridge funds from the intermediary for emergencies.
Some bankers said that due to the epidemic in the past two years, in order to support the real economy, small and micro enterprises that are operating normally can basically renew their loans without capital. Many people feel that business loans are very loose. If the policy changes in the future, preferential conditions will be provided. Without it, loan interest rates may also get higher.
These are all policy risks that borrowers must consider.
Fraudulent loan application or criminal prosecution
From the perspective of the "one-stop" service of the intermediary, the entire process of replacing the housing loan with a business loan is complicated with complicated procedures and many links.
Any error in any node may cause the lender to suffer losses and even encounter legal risks.
For example, lawyer Xu Guilin, a partner of Beijing Times Jiuhe Law Firm, said that the business loan is not directly entered into his own account. In case of an untrustworthy third party, or the third party has an accident, he may not be able to get it. money or not getting it in time.
In addition, if there is a problem with the bridge funds provided by the intermediary, the lender will not only be unable to get the money, but will also be caught in a debt dispute.
Xu Guilin reminded everyone that the most serious consequence of finding an intermediary for packaging business loans is not the loss of money or personal credit, but "jail".
If the borrower and the loan intermediary commit fraud in the process of applying for a loan, and cause bad debts to the bank, they may be suspected of defrauding the loan, and the bank can call the police and investigate the criminal responsibility.
It is understood that my country's "Criminal Law" stipulates that whoever obtains bank loans by fraudulent means and causes heavy losses to the bank or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; cause particularly heavy losses to the bank Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
According to the judicial interpretation, if the amount of defrauded loan is more than 1 million yuan, and the loss caused to the bank is more than 200,000 yuan, a case can be filed.
Text / reporter Cheng Jie