The court found that the agent concluded a contract for the sale of houses invalid.
On September 12, the civil lawsuit triggered by the highly concerned housing fraud was pronounced in Chaoyang Court of First Instance. The court ruled that the contract between Mrs. Gao and others was invalid and the property was returned to the owner.
After hearing the verdict, Ms. Gao excitedly shed tears and gave thanks.
Previously, 59-year-old Gao was fooled to invest in mortgaged real estate pension, in its unknown circumstances, the mortgage agent Long Mou sold her house, resulting in her pension irreversible loss. To this end, Ms. Gao complained to the court and asked to confirm that the housing sales contract was invalid.
Housing endowment fraud aroused concern last year after the incident. Relevant notarization agencies were ordered to rectify, and the relevant notarization procedures changed accordingly. The house has been returned to the elderly, but the mortgage is not over yet. There is still a long way to go, said Jana, a lawyer with Beijing Zhicheng Law Firm and Beijing Senior Citizens Rights Service Workstation.
Being fooled by housing endowment the old mans house was sold without knowing it.
In April 2016, Ms. Gao saw the community-related advertisements, and introduced by friends to join the old-age housing project: mortgaged real estate certificate for financial management, a 12-month period, a monthly payment of 3% of the value of the house. Attracted by the publicity, Ms. Gao invested her own mortgage (hereinafter referred to as the house involved) in the project.
Ms. Gao said that she contacted Longmou and other people by her friends. Under the arrangement of the other party, Ms. Gao went to Beijing Founder Notary Office to sign a large number of documents, such as Loan Contract and Notarial Certificate of Creditors Rights Documents with Enforcement Effect.
Ms. Gao recalled that after the mortgage formalities, the lender Wang Mou made three transfers to her totaling 2.2 million yuan, which was transferred to a person named Guang Yanbin to do pension financing. In the following two months, she received a total of about 130 thousand yuan of interest and received no more money. Until October 2016, she was suddenly door-to-door people asked to vacate the house, but also by Wang for loans and interest. Ms. Gao just learned that Longmou by virtue of the power of attorney on her back will sell the house to Liu, and has been transferred, but the sale of money is not known.
I went to the real estate trading hall only to know that in October 9, 2016, he sold the house. My house was over 3 million 500 thousand, and they sold 2 million 800 thousand of them. Ms. Gao said that at first she did not know when she signed the document that she was going to the notary office, and the staff of the notary office did not ask her any questions.
The defendant was re mortgaged after the housing involved.
My mother is hiding from her family. She doesnt know what contract she signed. Ms. Gaos son said many elderly people had no judgment about the contracts they signed. At that time, their mothers still thought they were going through a pension financing project instead of ordinary private mortgage loans.
Therefore, Ms. Gao will buy a house Liu Mou, agent Long Mou sued to the court, requesting that the sale contract invalid, the real estate transfer to their own.
After many sessions, in August 7, 2017, he gave the opposite argument in court. He said that Ms. Gao found him and said she needed money urgently in order to contact him to borrow money, so she helped Ms. Gao borrow 2 million. Hou Gao did not get up, he went out for Ms. Gao to sell the real estate to Liu Mou, more than 2 million house payments paid off the debt. He denied that he had set up a fraud and denied that he knew Guang Yan Bin.
Buyer Liu said that he bought through the legal procedures of the house, while the plaintiff was eager to sell the house, the need for full payment, so the low-cost transaction.
Although Liu claimed that because the family needs to buy a house, but in October 8, 2016, the house to Liu after the transfer, the house was mortgaged again. In October 24th, a dragon claimed to be a relative of Liu and commissioned an intermediary to sell the housing involved. In November 14th, Liu also registered mortgages for the housing involved to Lee, borrowing 2 million 700 thousand, not yet.
A large number of group appeared in large numbers and concentrated funds.
Miss Gao is not the only victim. By the end of 2016, many elderly people were exposed to similar problems. Jana, a litigation advocate, said her firm had been entrusted by 19 elderly people and had entered the legal process. The old people said they were trapped in the wide and wide deception.
In this case, not only many people involved in multiple cases, they are also closely related to each other, which has become the key to the trial of the court.
The court found that Wang Mou (2.2 million people lent to Ms. Gao), Long Mou, He Mou and other five people in August 2016 around the long-term existence of large, intensive capital exchanges. Accordingly, we can conclude that the 5 people have very close economic interests.
The court decision pointed out that, compared with Ms. Gao, the 5 persons are a community of interests. The 2 million yuan purchase payment made by Liu Mou on behalf of He to Long Mou actually comes from another Wang Mous bank account. However, the money flows through the bank accounts of He, Long and Wang in 21 minutes, and then returns to the bank accounts of Wang. The whole process of the transfer of funds as a whole does not occur the transfer of ownership of 2 million yuan.
Therefore, the court can not confirm that the 2 million yuan Lius payment to the housing involved in the purchase of housing.
The court found that there was malicious collusion in the sale of houses.
Accordingly, the court held that it was unreasonable for Longmou and Liu to establish a trust relationship only in the short transaction process of the house involved and entrust Longmou to sell the house involved.
Chaoyang court ruled that if Liu is the actual buyer of the house involved, then Liu and Longmou, He and other people involved in the sale of the house there is malicious collusion; if Liu is only famous, by the name of Long, He and other people to buy the house involved, then there is a malicious collusion between Long and He on the sale of the house involved.
In a word, Longmou obtains the principal-agent right to sell the house in question by evading the legal procedure of realizing the mortgage right, and abuses the agent right to sign the house sale contract with the buyer maliciously, which damages the interests of Ms. Gao, so it should be concluded that the house sale contract concluded between Ms. Gao and Liu is invalid. Chief judge Zhao Jia said.
Mortgages still exist in cases involving houses
In the name of old-age financial management, the flicker old people will mortgage the property, and the right to dispose of housing through a notary transfer. Guang Yanbin, the core figure of the case, was arrested in February 2017 with the approval of the Beijing Municipal Binary Inspection. The case is under trial.
After the incident, the founders notary office of Beijing was ordered to suspend business for rectification. Since then, the Beijing Municipal Judicial Bureau has been civilized and sure that when a notary office handles the entrusted notarization of a person over 60 years of age who is entitled to compulsory execution or involves real estate, the elderly must be accompanied by an adult child, and the process of obtaining a certificate must be videotaped and attached for reference.
Such litigation lawyer Jana introduced that in this case, the old people signed a document of the creditors rights with enforcement effect notarial certificate and letter of attorney and so on are agreed that the lender as a creditor, in the case of elderly people do not repay money, not through court proceedings, directly to the court for enforcement, and then through the Commission The old mans house changed hands at a super low price.
In addition, Jana introduced, Ms. Gaos case appeared in the dragon and He, but also in other elderly civil lawsuits in different identities.
The problem of ownership is settled, and there is also the issue of mortgage right. Ms. Gaos lawyer, Hu Weinan, said that a mortgage lawsuit had been prepared and could be launched at any time.
Since Liu bought a house and mortgaged it to Li, and got a loan of 2.7 million, Zhao Jia, the chief judge, said that if Li set up a legally valid mortgage on the house involved, after the house was re-transferred to the name of Ms. Gao, Li can continue to enjoy the mortgage on the house involved, if Ms. Gao thinks that the mortgage is established is questionable. Only a separate prosecution is required to confirm that the mortgage is invalid.
District residents have been promoted to housing endowment.
On the afternoon of September 12, the reporter came to the housing estate involved. A man held up a billboard with the words buy houses, sell houses, mortgage loans to introduce relevant business to passers-by.
Reporters randomly entered 3 residential buildings and found that the corridor was covered with small advertisements. A number of residents told reporters that residential property mortgage loans, investment and financial products sales are common. One resident said: Ive been in the neighborhood before and Ive had a problem with this good thing, even if its legal. Now that Im older, my children remind me that its enough to go out with pocket money. Never bring a passbook. I will not believe in the hoax of high investment and financial management and longevity of health care. In the case of Ms. Gaos home, the reporter found an iron door in the house, Ms. Gao said that after finding herself deceived, she worried about the door was pried in the middle of the night and the personal safety of her family could not be guaranteed, so the iron gate was installed in time after the incident. Ms. Gao said that the incident has been living in the house has been transferred, but the pressure is great, live not at ease, now the court has ruled, ready to quickly transfer the house back. Source: Beijing News Editor: Luo Jiazhen _NBJS6445
Reporters randomly entered 3 residential buildings and found that the corridor was covered with small advertisements. A number of residents told reporters that residential property mortgage loans, investment and financial products sales are common. One resident said: Ive been in the neighborhood before and Ive had a problem with this good thing, even if its legal.
Now that Im older, my children remind me that its enough to go out with pocket money. Never bring a passbook. I will not believe in the hoax of high investment and financial management and longevity of health care.
In the case of Ms. Gaos home, the reporter found an iron door in the house, Ms. Gao said that after finding herself deceived, she worried about the door was pried in the middle of the night and the personal safety of her family could not be guaranteed, so the iron gate was installed in time after the incident. Ms. Gao said that the incident has been living in the house has been transferred, but the pressure is great, live not at ease, now the court has ruled, ready to quickly transfer the house back.