Banks' "Remorse" Exposure Mortgage Interest Rate Hidden Rules

The recent mortgage crisis has attracted much attention.

For some of the bank's personal loan complaints, the CBRC responsible person made a clear statement yesterday, requiring commercial banks to strictly fulfill the housing loan contracts, take seriously, actively consult and properly resolve them, and resolve them through negotiation, and should be resolved through appropriate legal channels.

In fact, behind some banks' "regrets", "blank"

Promise and then deny in succession

"Buy second-hand housing, apply for a loan of 1 million yuan, 20 years, the bank approved the loan agreement (agreed to the loan undertaking) signed, promised 15% off interest rate concessions, the pfer procedures, two days to formally sign the loan contract, but was told that 15% off concessions can not be done, it can only be the benchmark interest rate, if not, loans can not be allocated in a timely manner."

Mr. Cheng, a homebuyer, has been worried about mortgage loans recently.

Mr. Cheng was not alone in the same encounter.

Recently, due to the tight credit line, many banks cancelled the first mortgage interest rate in order to "pay the price", and the customers who signed the loan agreement or the purchase contract were no exception.

Reporters noted that home buyers who encountered bank "regrets" have set up the QQ group of victims of interest rate discount adjustment on the Internet, creating 20 in just a few days, and the number of participants has reached thousands.

QQ group, another buyers in Beijing, Ms. Han told reporters that the application for loans 800 thousand yuan, 20 years, the corresponding repayment of principal and interest, loan preferences from 15% off to the benchmark interest rate, the monthly supply will increase 458 yuan, 20 years to pay more interest to the bank 110 thousand and 200 yuan.

In particular, the purchase of second-hand housing customers, signed the bank's loan books, has been pferred with the seller's procedures, if you do not accept the raise price, can not get loans in time, it is necessary to bear the responsibility for breach of contract and corresponding losses; accept the increase in prices, the cost of housing loans increased by 10 million, dilemma.

Complaints against complaints from the CBRC

For the temporary change of banks, many property buyers have complained to the local banking regulatory bureau, hoping that regulators will come up with solutions.

It is understood that the main demand of the buyers of the complaints is that they hope to supervise through the CBRC and the local banking regulatory bureaus, approve and approve the mortgage loans issued by the banks, and approve the loan of the first set of mortgage interest rates that have been approved or promised, and that the specific lending time should be determined with the lender, which can not be delayed indefinitely.

"We have no excessive demand. We only hope that banks will fulfill their commitments and act according to the contract. They should be implemented according to the agreement, and do not perfunctory customers and delay lending."

Ms. Han said.

It is understood that for some banks personal housing loan business customer complaints phenomenon, the local banking regulatory bureau has moved, requiring commercial banks to act according to the contract.

The relevant directors of the CBRC stressed that commercial banks should take seriously their clients' problems and opinions from the aspects of maintaining their reputation, strictly carrying out their legal responsibilities and social responsibilities, and actively communicating with customers.

Another CBRC insider said that the CBRC also called on the local banking regulatory bureaus to make more detailed requests. If a contract has already agreed on interest rates, the CBRC must implement the contract according to the contract.

However, if there is no agreement or the bank has an exemption clause, it also requires banks and customers to actively negotiate, so as to make concessions to customers.

Blank contract bank loans also have "hidden rules".

Behind the banks' remorse, the "blank contract" hidden rules of the housing loan also surfaced.

Most of the buyers of some banks sign blank contracts when they sign the contracts. They only need to sign names, dates, press red handprints and leave the rest to the banks.

The reason for this bank is that after the signing of the contract, it does not mean immediate loan, but also needs to be submitted to the branch level for re examination, calculation of monthly payments, etc., and the contract needs to print fonts. Other projects will be completed by the bank. After the loan, the bank will make a formal loan contract to the customer in four copies.

A state-owned bank credit Commissioner also affirmed this point.

"It can be said that this is the industry's" hidden rules ". In addition to simplifying the approval process of mortgage loans, banks also avoid unnecessary risks. In some banks, there may be such a situation. Before committing to loans, they promise very well. Once approval is passed, they may not be the same as before. If the customer signs a blank contract, what changes will happen, and the bank will not constitute a breach of contract.

"Signing blank contracts is a common phenomenon. Almost all the buyers who go to the bank do this. The borrowers themselves are in a weak position. The application for loans must first be examined and approved by the banks, and the banks will be notified if they pass the examination and approval. There are many people who have loans, and the client managers are busy, so that the customers can fill in the blank contracts. Only the total amount of loans is available on the contract, but the customer manager has already made verbal promises that he will enjoy the discount, but he has to go to the branch for approval, so he does not need to fill in other information.

In general, the 10-20 day loan is catching up with the nodes of the policy change, and it has encountered "being raised".

Miss Zhang, who had encountered the bank's "regrets", recalled the situation on the day of signing the contract.

Not only that, but some customers even have signed the same loan books provided by banks, and still suffer from "back off".

The credit officer of the state owned bank explained that, with the loan book being very simple, some banks would not fill in the terms of a page, which generally involves the discount of interest rate discount. The bank thought that the loan agreement was signed without interest rate discount, so it was not considered to be a breach of contract.

Preservation of evidence and timely legal weapons

In the case of clients who signed "blank contracts" and suffered bank "regrets", insiders said that this situation was not legally binding, but the banks had made a fault in contracting. As a top priority financial institution, they should fulfill their commitments and take corresponding risks.

At the same time, although the loan issued by a bank is not a formal loan contract, it has already constituted a promise and has legal effect.

"The bank said that it will change, violating the principle of good faith, and the bank's" retraction "is a breach of contract and a tort.

The industry pointed out that whether it is a loan book, a loan contract or an oral promise, or other e-mail or facsimile, it is also legally valid if there is any solid evidence to give the loan discount discount, and it should be executed at the agreed price.

Qi Junyuan, a lawyer at Zhong Wen law firm, believes that the buyers are in a weak position from the legal point of view. If the loan amount, interest rate and so on have been indicated in the mortgage loan contract, the bank's "remorse" is a breach of contract. Once the bank fails to negotiate with the bank, the buyer can solve the bank's breach by way of law, and ask the court to determine that the original contract is valid.

However, if the mortgage contract stipulates clearly, because some irresistible factors change or may change with the change of national policies, the behavior of banks may not constitute a breach of contract.

In addition, for the signing of the same loan book or loan contract, the relevant analysts said that the lender could apply for arbitration, requiring that the bank perform the loan in accordance with the prescribed loan amount within a reasonable time limit, and safeguard its own interests in accordance with the law.

Lenders pay attention to the contract rules

The phenomenon of banks' "remorse" often happens because credit lines are too tight.

A bank insider said that the situation of large banks is slightly optimistic, but in some small and medium banks, the amount of money available is too low. Therefore, they can only "choose the best ones". Similarly, the two applicants can accept the benchmark interest rate and even go up, and the other must enjoy the preferential treatment, and the banks are naturally willing to get higher returns.

"Bank Reversion" is not what credit managers can decide. Generally, the head office and branches issue documents, and the internal policies of banks change, so they can only be carried out according to one benchmark.

A joint-stock bank personal loan department responsible person told reporters.

It is also understood that the current implementation of the credit policy in Beijing is after the signing of the trading network, the bank will sign the contract, and after the face is signed, it will issue the batch loan letter or the batch loan notice.

Then the seller and the buyer can start pferring and mortgage registration.

Because a series of processes takes two weeks to a month, the industry suggests that during the recent period of intensive policy changes, banks have tightened their lending quotas. Interest rates and other details may change at any time. Buyers must confirm in detail when they sign a contract, while preserving Bank approval contracts.