The "stop loan tide" of the pre -sale of supervision vulnerabilities continued to ferment banks, and the banks responded urgently

In the notice of suspension of loan issued by the owner, multiple real estate owners directly pointed out that the bank issued mortgage loans before the main structure of the house, and the mortgage loan funds were divided into non -regulatory accounts.

Author: Hu Yanming

Figure: Tuwa Creative

Guide

One || On June 30, a "Defense Notice of Mandatory Loan Counterfeit" from the owners of Hengda Town, Jingdezhen City, Jiangxi Province was circulating on the Internet. After seeing the owners of Kangqiao's Yunxi, they decided to stop loan. On July 6, a number of owners signed the "Kangqiao Na Yunxi owner to decide to be forced to stop loan in August 2022".

|| The owners of Kangqiao Naiyunxi believe that the banks involved in mortgage mortgages shall pay the loan to the special account of the pre -sale of Kangwen Company. However, several banks paid the loan funds to the general account of Kangwen Company, making the funds from being effectively supervised.

Third || Due to the continuous fermentation of local "disconnection tide", the banking sector has fallen for two consecutive days. On the afternoon of July 14, many banks issued an announcement to respond to the risk of "disconnection" involved in the bad end.

On July 11, Xiao Qiang received a reminder repayment phone from CCB for the third time.

Opposite is artificial intelligence voice, but he still patiently tells the call of why he suspended the mortgage to repay the mortgage.

The idea of ​​stopping loan appeared in June. On the 1st of the month, CCB will remove the 3,300 yuan in the Xiaoqiang bank card on time to repay the housing mortgage loan. At the end of June, there were only 3,000 yuan left in his cards. At the time of deducting the mortgage in early July, he was removed by the bank. Now he still has more than 300 yuan.

Recently, the owners of about 150 shutdown or rotten real estate projects have issued a notice of suspension of loan, involving Zhengzhou, Changsha, Wuhan, Xi'an, Nanchang, Shanghai, Chongqing and other cities. The real estate purchased by Xiao Qiang is also one of them. Xiao Qiang has suspended the loan. Equipment is his current state -the wages are weak to support mortgage, rent and daily expenses, and start to owe debt.

In the notice of suspension of loan issued by the owner, multiple real estate owners directly pointed out that the bank issued mortgage loans before the main structure of the house, and the mortgage loan funds were divided into non -regulatory accounts.

The "suspension of loan" is still continuously fermented, reflected in the capital market. The banking sector has fallen for two consecutive days. The bank index fell 2.29%on July 13, and it fell 2.1%on July 14.

On July 14, the six major banks, Industrial Bank (601166.SH), Ping An Bank (000001.SZ), China Merchants Bank (600036.SH), Minsheng Bank (600016.SH), Everbright Bank (601818.SH) were urgent The issuance announcement responded to the risk of "disconnection" involved in the end of badly -the business scale was small and the risks were controllable. Among them, CCB and the Bank of China did not disclose related business data.

Decide to stop loan

In May 2019, Xiao Qiang purchased a house in the second phase of Yunxi, Kangqiao, Xinzheng City. Parents provided the down payment of 270,000 yuan, which was loan of 670,000 yuan in CCB. At that time, the loan interest rate was 5.88%. About 3400 yuan; follow -up, as LPR was reduced by more than 5 years, interest rates fell to 5.73%, and his monthly repayment amount was about 3300 yuan.

According to the agreement, before the end of July 2022, Xiao Qiang's house could be delivered to the house. He also hoped to live in a new house as soon as possible. However, from July 2021 to the present, Kangqiao Na Yunxi has stopped working for nearly one year, and it is hopeless to deliver the house.

Kangqiao Naiyunxi was developed and constructed by Zhengzhou Kangwen Real Estate Co., Ltd. (hereinafter referred to as "Kangwen Company") and belongs to the project under the local real estate enterprise Kangqiao Group of Henan. From February this year, the owners of Kangqiao's Yunxi have communicated with the developers on repeated work.

Mr. Shi, who bought the building in the same community with Xiao Qiang, failed to live in a new building as scheduled. He told reporters that the second phase of the Yunxi Phase II Real Estate of Kangqiao will be delivered by May 30, 2022, before July 31, and before November 30th. When no one started construction, seeing that the extension of the house has become an established fact, and the developer has also stated that it will be postponed, but about how long and when the work is fully resumed. In the process of communication, perfunctory owners, verbally promised not to be fulfilled.

February 9, 2022, March 11, 2022, March 15, 2022, March 21, 2022, March 28, 2022 ... The owners of Kangqiao Na Yunxi will communicate several times to Kangqiao Group. I hope Early resume work, but they did not get a clear reply.

Mr. Shi recalled that on April 26, 2022, several owners representatives were organized by the Longhu Town Letter Office with the Longhu Town Letters and Calls Office, the 7th Bureau of China Construction (General Contracting Unit), and the owners of Kangqiao Naiyunxi. At that time, the seventh bureaus of China Construction did not attend the meeting, and the developer still maintained the original statement. The resumption of work took 2 to 3 months. The specific time was uncertain.

"The biggest demand of our majority of owners is when the second phase of Kangqiao Naoyunxi can be fully resumed? When can the house be handed over?" After many months of communication, the owner still did not wait for the answer.

On June 30, a "Declaration Notice of Mandatory Loan Counterfeit" from the owners of Evergrande Loan Building, Evergrande of Jingdezhen City, Jiangxi Province was circulated on the Internet. After seeing the owners of Kangqiao's Yunxi, they decided to stop loan. On July 6, a number of owners signed the "Kangqiao Na Yunxi owner to decide to be forced to stop loan in August 2022" (hereinafter referred to as "" "Stop Loan Notification"). The mortgage payment of the pre -sale supervision account

"Why do the owners go to the" stop loan '? That's all, and the other roads are blocked. "Mr. Shi said that in the past few months, they have been with the developer Kangqiao Group, local government, and loan banks. There are countless communication, but there are no results.

The mortgage loan of the owner of Kangqiao Naiyunxi involves a number of banks. Mr. Shi and Xiao Qiang are loans processed by the local CCB.

On July 4 and July 11, several owners went to CCB Zhengzhou Economic San Road Sub -branch to communicate. The owner hoped that the CCB Sub -Sub -Branch Loan Center responded to the two demands of them: First, to query the loan of the second phase of the Yunxi Phase II of Kangqiao Naqiao The flow of funds, the construction bank replied to give a reply for 10 working days via the San Road Sub -branch.

The second appeal was to stop the loan and stop the loan until the second phase of Kangqiao's Yunxi Phase II. The rebound of the CCB's San Road Sub -branch stated that he responded to his superiors and responded to the results of the response to his superiors.

According to the "Tortee of Loan", the agreement signed by all owners of Yunxi, Kangqiao Naiyunxi, and the agreement of attachment 1 signed by the owners of Yunxi, Zhengzhou Municipal People's Government and the People's Bank of China Zhengzhou Central Sub -branch "Zhengzhou Commercial House Pre -sale of Commercial Housing Pre -sale Metal" third Article 10, paragraph 2: "If the pre -order mortgage loan purchases a commercial house, its mortgage loan shall be directly included by the loan bank's special deposit account for pre -sale of commercial housing provided by the pre -sale."

Zhengzhou Housing Security and Real Estate Administration's "Notice on Continue to Do a Better Work (Sales) Sales Standard Work" (May 3, 2016) Article 7: "Strengthen the supervision of pre -sale of commercial housing. In strict accordance with relevant regulations, special households are stored and special funds are stored. All housing sales funds (including down payment, installment payment, mortgage loans, etc.) must be timely entered to enter the regulatory account and cannot be circulated outside the account. "

The two accounts are inconsistent with the regulatory accounts in the housing loan contract provided by Mr. Shi to the mortgage contract provided by Mr. Shi to the regulatory account in the "Commercial Housing Pre -sale License".

The supervisory bank in the "Pre -sale of commercial housing" purchased by Mr. Shi where Mr. Shi was purchased was the Bank of Communications Zhengzhou Huanghe Road Sub -branch; the loan funds in his mortgage contract were included in the account of the CCB Zhengzhou Chongshan Road Sub -branch.

The owners of Kangqiao Naiyunxi believe that the banks involved in mortgage mortgages shall pay the loan to the special account of the pre -sale of Kangwen Company. However, several banks paid the loan funds to the general account of Kangwen Company, so that the funds could not be effectively supervised. The owners believed that the behavior had seriously violated the law. As a result, Kangwen Company easily misappropriated funds, which led to severe consequences such as long -term stoppage of construction sites.

Lawyer Xiang Xia told reporters to reporters that if the bank violates the regulations and the buyers have suspended loans due to issues such as bank faults, buyers can confirm whether the bank has fault in the method of lawsuits. If the loan stops, the buyer can be resolved with the developer to solve the house purchase contract for the paid purchase funds. In the mortgage loan purchase house, the bank enjoys both the mortgage and the right of claims. If the loan in violation of the regulations, neglect the supervision or even "turn on the green light" for developers, shall bear the supervision responsibility according to law.

In various discussions, the case number (2018) Yue Min Shen No. 7516 was widely concerned. For example, Xiangxia said that a case of the Guangdong Provincial Higher People's Court (hereinafter referred to as the "Guangdong High Court") was of reference significance. This case is the case of the financial borrowing contract dispute over the Huizhou Branch of China Merchants Bank Co., Ltd. (hereinafter referred to as the "Merchants Bank Huizhou Branch") for the respondent Huang Yiting and the third -person third -person Guangyao Group Co., Ltd. (hereinafter referred to as "Guangyao Company").

In this case, the bank did not pay the loan to a special account for pre -sale. Instead, he transferred to another account of the developer, causing the funds to be misappropriated and the project was bad. The Guangdong Provincial High Court set off from the principle of fairness, with the responsibility of contractual negligence, and maintained the judgment of the first and second trials: Before the developer pays the house, the buyer may not repay the loan, and the loan bank paid by the buyer does not need to return.

Zhang Xiaoying, Beijing Yingke Law Firm, told reporters that there are two legal relationships involved in this incident: First, the borrowing relationship between the owner and the bank, and the other is the house purchase relationship with the developer. Taking the bad tail building as an example, the owner refuses to repay the bank's loan because the developer cannot be bad, because their legal relationship is different, unless there is a clear agreement in the loan contract, under what circumstances can apply for overdue, this can be followed by it. The bank is negotiated. However, if you unilaterally stop loan, it is not good for the majority of home buyers, because private suspension is a breach of contract.

In terms of specific analysis, lawyer Zhang Xiaoying believes that if buyers want to stop loan, they should split two legal relationships. Because as a buyer, a house purchase contract signed with the developer. If the developer is suspected of violating the rules or did not submit the house on schedule, it is necessary to claim in accordance with the relevant laws and regulations of the commercial housing trading contract. Wait.

Regarding the reaction of a number of householders who reacted the mortgage loan funds into the non -regulatory account, Lawyer Zhang Xiaoying believed that if the bank supervision was not in place, the funds were allocated to the developer, but the funds were misappropriated by the developer to repay other borrowings, or it would be again To do other development, the bank may have faults in regulatory funds. However, they cannot change the contractual nature of the commercial loan signed by the buyer and the bank. The buyer signed a house purchase loan agreement with the bank. It should be implemented to the terms of the specific loan contract. If the bank involves the issue of lending to the developer and involved the problem of inadequate fund supervision, the owner can report to the bank's regulatory authority such as the CBRC, such as the CBRC Complaints cannot be mixed together. "Now the joint announcement of the owner is actually not just a legal issue. It should involve local governments, banks and other parties to coordinate the legitimate rights and interests of these owners. Very passive, so it is not a simple law to solve these problems. "Lawyer Zhang Xiaoying said.

Bank stocks fell across the board for an emergency response

Affected by the local "disconnection tide" continued to ferment, the bank sector has fallen for two consecutive days.

On July 13, bank stocks fell across the board. Among them, Bank of Jiangsu and Bank of Chengdu fell 4.4%and 4.12%respectively to close 6.96 yuan and 16.05 yuan. Postal savings banks, China Merchants Bank, Industrial Bank, and Ping An Bank all fell more than 3%.

On July 14, the bank stocks dived a large area after the opening, and China Merchants Bank, Ping An Bank, and Ningbo Bank (002142.SZ) once fell more than 4%. As of the close, China Merchants Bank closed at 36.48 yuan, down 3.75%; Ping An Bank closed at 13.37 yuan, down 4.29%; Xingye Bank closed at 18 yuan, down 3.23%; Ningbo Bank closed at 32.51 yuan, down 1.19%.

Some securities firms have been calculated on the impact of loan. According to Tianfeng Securities Research Report, central bank data shows that the ratio of new house mortgage loans accounted for the sales of new commercial housing sales for a long time between 38 % and 42 %. Under the 40 % neutral hypothesis, the scale of the potential of the mortgage is 360 billion to 730 billion yuan, accounting for 0.9 % to 1.9 % of the balance of mortgage loans in the first quarter of 2021. On the whole, it is difficult to constitute a systemic impact.

On the afternoon of July 14, the Agricultural Bank of China (601288.SH), CCB (601939.SH), and Industrial Bank issued an announcement in response to the risk of "disconnection" involved in bad "disconnection".

The Agricultural Bank of China announced that in response to the recent risk exposure of individual real estate enterprises and the extension of housing development projects, the Agricultural Bank of China attached great importance to it and moved rapidly. Essence As of the end of June 2022, the balance of personal housing loans of the entire bank was 5.34 trillion yuan. Among them, there are 57,000 cooperative real estate in one -handed building, and the balance of mortgage loans of first -hand buildings is 3.97 trillion yuan.

The Agricultural Bank stated that the real estate that has initially determined that there is a risk of "guarantee of the property" involving the balance of overdue mortgage loans of 660 million yuan, accounting for 0.012%of the entire mortgage loan balance, and 0.017%of the balance of one -handed mortgage loan. At present, the business scale involving the risk of "insurance delivery" is small and the overall risk is controllable.

Construction Bank announced that the CCB announced that the CCB's personal housing loan business actively implemented national policies, conscientiously implemented supervision requirements, strengthened risk management, strict real estate access, adhered to compliance operations, and maintained asset quality for a long time. The current suspension of work in some areas and the failure to deliver the real estate on time, involving a small scale of the CCB and controllable overall risks. CCB will pay close attention to the situation of cooperative companies and real estate, actively cooperate with local governments to do a good job of customer service, communicate with customers, and promote the steady and healthy development of the real estate market.

Industrial Bank announced that after investigation, as of now, the Industrial Bank has involved the balance of mortgage loans related to the "suspension of loan incidents" of 1.6 billion yuan (of which the balance of non -performing loans) is 384 million yuan. In Henan. Thanks to the company's differentiated access and management requirements for mortgage loans in the early stage, the overall size of mortgage loans that have been involved in the Industrial Bank and the risk of rotten risks will not have a significant impact on the company's operations.

After closing on July 14, the Bank of Communications (601328.SH), ICBC (601398.SH), Bank of China (601988.SH), Postal Savings Bank (601658.SH), Ping An Bank, China Merchants Bank, Minsheng Bank, Everbright Bank and other banks and other banks such as China Bank It has also announced the response.

According to an announcement of the Bank of China, since this year, the Bank of Communications mortgage loans have operated well. As of the end of June, the balance of mortgage loans in domestic houses was nearly 1.5 trillion yuan, and the quality of assets was stable. Recently, the risks of individual real estate companies have been exposed, which has led to suspension and delay in projects in some cities. After preliminary investigations, the balance of overdue housing mortgage loans involved in the risk in media reports was 99.8 million yuan, accounting for 0.0067%of the company's domestic housing mortgage loan balance, the scale and accounted for relatively small, and the risks were controllable.

ICBC announced that recently, some real estate development enterprises have been exposed, and the development of individual real estate development projects has been extended. ICBC attaches great importance to it and acts quickly. After investigation, the current suspension of work involves a non -performing loan balance of 637 million yuan, accounting for 0.01%of the entire mortgage loan balance, and the risks are controllable. ICBC stated that as of the end of June 2022, the balance of personal housing loans was 6.36 trillion yuan, with a non -performing rate of 0.31%, and the quality of assets was stable. ICBC will strictly implement financial supervision requirements, actively cooperate with local governments to do relevant financial services, and promote the steady and healthy development of the real estate market.

According to the Bank of China, since this year, the real estate financing of the Bank of China has been stable and orderly, the support of real estate development loans and the support for the mergers and acquisitions of the project of difficult real estate projects has been increasing, and new real estate development loans are at the forefront of the industry; due to urban policies, differentiated housing loans implementation Policies, support rigid and improved housing demand; during the epidemic, provide customers with a number of relief policies such as postponed repayment and repayment of principal and interest. The quality of assets remains stable, and the overall risk of the personal housing loan business of China Bank is controllable.

The postal savings bank announcement shows that at present, the balance of housing loans exceeds 2 trillion yuan, the average amount of strokes is about 440,000 yuan, and the non -performing loan ratio of real estate is at a lower level in the industry. The postal savings bank pay close attention to the suspension of the construction and the failure of the real estate in some areas. In -depth investigations are carried out. The initially identified suspension project involves the overdue amount of housing loans of 127 million yuan.

Ping An Bank announced that investigation was carried out for real estate involved in the recent "suspension of loan incidents". As of the end of June 2022, the bank's personal housing loan balance was 282.919 billion yuan, accounting for 8.80%of the entire bank's credit assets. Among them, the balance of one -handed mortgage loan was 152.297 billion yuan. After investigation, Ping An Bank currently involves the overdue mortgage loan balance of the "suspension of loan incidents" in the online transmission of 31.8 million, accounting for 0.011%of the entire mortgage loan balance, and 0.021%of the balance of one -handed mortgage loan. The overall scale of mortgage loans involving risk risks is small and will not have a significant impact on Ping An Bank's operations.

China Merchants Bank announced that after preliminary investigation, the number of real estate involved in the "Internet -to -loan" incident accounted for a relatively small amount. 0.001%, the risk is controlled as a whole.

Minsheng Bank announced that in response to recent risk -related risk incidents on the Internet, our bank attaches great importance to it, and has quickly launched investigations in the entire bank. As of the end of June 2022, Minsheng Bank's housing mortgage loan balance was 5910.39 billion yuan, of which the balance of mortgage loans involved the above risk incidents was 66 million yuan, and the overall risk was controllable.

Everbright Bank announced that after a preliminary investigation, as of the end of June 2022, the balance of overdue mortgage loans of the risk of "insurance delivery" was determined that the balance of the "guarantee of the property" was 0.01%of the total mortgage loan balance of the entire mortgage loan. Control will not have a significant impact on bank operations.

The reporter will continue to pay attention to the suspension of loan.

(The request of the interviewee, Xiao Qiang is a pseudonym)

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