The college student’s loan was smashed: the other side mortgaged the ashes depository and forged the land certificate

　　The Paper Journalist Dai Yue

　　Gu Yue (pseudonym), a man from Harbin, Heilongjiang, has been troubled by a loan under his own name in recent years. Gu Yue told The Paper (www.thepaper.cn) that in August 2011, when he was in college, at the request of an acquaintance Ping, Gu Yue borrowed 500,000 yuan from the bank in his own name. Ping said that he could use The land use right and the above-ground real estate under his own name are used as collateral for the loan. According to the agreement, the loan will be used by Ping and the principal and interest will be returned by Ping.

In 2011, Shi Ping signed a house mortgage guarantee loan agreement. The pictures in this article are all provided by the respondents

　　But when the loan expired, Ping couldn't pay back the money. In addition, the court encountered obstacles in the execution of the mortgaged real estate, because the real estate was actually a local ashes depository, and the auction could not be executed. “The court said that the auction had to remove all the ashes in it, which was impossible to achieve”. Therefore, Gu Yue had to repay the principal and interest of all loans by herself, totaling more than 720,000 yuan.

　　After investigation by the public security, Ping's land use right certificate used for mortgage in 2011 was forged by an individual. The notice of case filing issued by the Harbin Bin County Public Security Bureau in September 2019 shows that in accordance with relevant laws and regulations, the police decided to open a case for investigation of Pingmou's suspected forgery of national agency documents.

Bin County Public Security Bureau filed a case to investigate Ping’s suspected of forging national agency documents

　　On July 28, 2020, the staff of the Bin County People's Procuratorate told The Paper that the case is still in the review and prosecution stage, and the Bin County Public Security Bureau has been notified to supplement the investigation. On the same day, The Paper repeatedly contacted Bin County Public Security Bureau without a response.

　　Regarding why Ping could use a fake land certificate to obtain a real estate certificate and went through the mortgage procedures, on July 28, the staff of the Bin County Commission for Discipline Inspection who was responsible for investigating the matter told The Paper that Ping’s forged land certificate was a personal act and nothing related. Public officials participate. When handling the real estate certificate and mortgage registration, the staff of the Bin County Real Estate Bureau and other departments have no right to verify the authenticity of the land certificate, so there is no violation of regulations by public officials.

Helping parents and friends with loans during college

　　Gu Yue told The Paper that in the summer of 2011, Ping, a friend of his father, found himself in college at the time, hoping to become a Gaozi Credit Cooperative in the original Harbin Suburban Rural Credit Cooperative (now Harbin Rural Commercial Bank Xiang Fulu Sub-branch) loaned 500,000 yuan. "At that time, Pingmou said that because he already had a loan from Chenggaozi Credit Cooperative, he could no longer borrow."

　　Gu Yue said that in accordance with the agreement between the two parties, the loan was used by Ping Mou and all the principal and interest of the loan were repaid by Ping Mou. Ping promised to use a land use right under his name and a set of properties on the ground as collateral, but the borrower column in the loan contract and other documents was signed by Gu Yue.

　　The relevant loan information obtained by The Paper shows that the principal amount of the loan is 500,000 yuan, the loan period is from August 10, 2011 to August 5, 2014, and the purpose of the loan is to "purchase fertilizer". The credit union opened an account ending in 6744. The account details ending in 6744 showed that the 500,000 yuan loan was immediately taken away after the credit cooperative issued the loan. Gu Yue told The Paper that “the money was taken by Pingmou”.

　　Gu Yue said that in 2015, he was sued by Chenggaozi Credit Union for defaulting on loan principal and interest. According to the complaint, the principal and interest of the above-mentioned loan of RMB 520,250 have not been repaid.

　　On October 29, 2015, the Xiangfang District Court of Harbin City issued a civil judgment and sentenced Gu Yue to repay Chenggaozi Credit Union’s principal and interest of RMB 520,250 within ten days from the effective date of the judgment; if it fails to repay on time, Chenggao Sub-credit cooperatives can apply for auction or sale of certain property used for mortgage loans.

The mortgaged property is actually a depository for ashes, which the court cannot enforce

　　Because Pingmou has not repaid the loan, the mortgage has not been executed. In February 2017, Gu Yue found out that she had been included in the list of dishonest persons subject to enforcement and became an "old laity".

　　According to the loan information obtained by The Paper, the mortgaged property of this loan is a property located in Tundong Sun Jiujing, Wanchun Village, Shengli Town, Bin County, Heilongjiang Province (building area of ​​400 square meters, second floor, title certificate number: guest house right certificate) Shengli Zi No. 11-54), and the State-owned land use right office located in Sun Jiujing Tundong, Wanchun Village, Shengli Town, Bin County, Heilongjiang Province (the land certificate number is: Bin Guoyong 2011 No. 051301035, the use right area is 1330 square meters , Nature: State-owned land use right, use right type: transfer, use: other commercial land).

　　However, the above-mentioned property title certificate stated that the planned use of the property was a storage room for ashes. Gu Yue told The Paper that the court entered the enforcement stage in February 2017, but it could not be enforced because the property was a depository for ashes. "The Executive Board's response is to empty the urn in the house before implementation. This is simply impossible."

　　On July 28, a staff member of the Shengli Town Government of Binxian County told The Paper that the house was indeed used to store ashes. It was called "Victory Depository." On the same day, a staff member of the Bin County Civil Affairs Bureau told The Paper that the Victory Depository was "regular" and had relevant filings.

Victory Depository Ping used for mortgage

　　Gu Yue believes that since the mortgaged real estate is for ashes depository, it cannot be auctioned, and does not have the qualifications as a mortgage collateral, the bank should strictly review the mortgage before lending. In 2019, he filed a complaint with the Banking and Insurance Regulatory Bureau of Heilongjiang Province.

　　The response letter issued by the Banking and Insurance Regulatory Bureau of Heilongjiang Province in March 2020 showed that the Yuancheng Gaozi Credit Cooperative had inadequate investigations before the loan and imperfect management after the loan in the process of granting the loan. According to the implementation of rectification and accountability, Harbin Rural Commercial Bank gave the then president of Xiangfu Road Sub-branch (formerly Chenggaozi Credit Cooperative) a penalty of criticism and a fine of 5,000 yuan; and notified the then deputy head of field services and three account managers of criticism , And fine separately.

　　Due to reality, Gu Yue repaid all the principal and interest of the loan in May 2020, totaling 727,475 yuan.

　　Gu Yue said it was difficult for him to contact Ping after owing money. However, he told The Paper that one day in November 2019, Ping wrote him a letter of undertaking, “I admit that all the procedures in handling Harbin Chenggaozi Credit Cooperative’s loan were made and provided by me, Ping. The 500,000 yuan loan is also used by me and has nothing to do with Gu Yue." At that time, Ping promised to repay the principal and interest of all loans before the end of 2019 and restore Gu Yue's personal credit information. But it has not yet been repaid.

　　On July 28, The Paper called Ping’s phone number provided by Gu Yue. The man on the other side said that he had “made a mistake.” Later, The Paper contacted Ping’s wife. The other side said that Ping’s phone would be answered when it was convenient. Received a call back from Ping.

Personal forgery of mortgage land certificate

　　Gu Yue also told The Paper that the land certificate used for Ping's mortgage was forged.

　　Gu Yue said that in March 2019, he heard local rumors that Ping's land certificate used for mortgage was forged, and he immediately reported the case to Bin County Public Security Bureau. The notice of case filing issued by the Harbin Bin County Public Security Bureau in September 2019 showed that in accordance with relevant laws and regulations, it was decided to file a case for investigation of Pingmou's suspected forgery of national agency documents.

　　Why can Ping use a fake land certificate to obtain a real estate certificate and go through the mortgage procedures smoothly? Gu Yue believed that there was a malfeasance problem in the relevant departments, so she reported the relevant problems to the Bin County Commission for Discipline Inspection. On July 28, the staff of the Bin County Commission for Discipline Inspection who was responsible for investigating the matter introduced to The Paper that after consulting the public security department’s case files, it was confirmed that Ping’s forging the land certificate was a personal act and no relevant public officials participated. The staff member introduced that the staff of Bin County Real Estate Bureau and other departments did not have the right to verify the authenticity of the land certificate when handling the real estate certificate and mortgage registration, so public officials did not violate the regulations.

　　In addition, the staff member revealed that Pingmou is currently released on bail pending trial.

　　In response to the case, The Paper learned from Bin County People’s Procuratorate on July 28 that the case is still in the review and prosecution stage of the procuratorate, and the Public Security Bureau has been notified to supplement the investigation. On the same day, The Paper repeatedly contacted the Bin County Public Security Bureau, but never received a response. Gu Yue told The Paper that he hoped that Ping would be sanctioned by law.

　　(This article is from The Paper. For more original information, please download the "The Paper" APP)