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Admin 118下载之家 2021年01月03日
摘要 :   66.133.87.,120 66.133.87.,120,In May 2018, Ms. Yang, a citizen of Liuzhou, Guangxi, wanted to sell a house in her own name. After the sale of the house information was published on...
警惕!广西一老人卖房遭遇连环套,闹市区上百��平��方米房子只拿到18万元In May 2018, Ms. Yang, a citizen of Liuzhou, Guangxi, wanted to sell a house in her own name. After the sale of the house information was published online, an intermediary company soon brought the buyer to the door. What Ms. Yang couldn't think of was that she was falling into a chain step by step, and she hasn't gotten free yet. Ms. Yang told reporters that the intermediary staff of Liuzhou Jiuxie Investment Co., Ltd. and the buyer Huang were the ones who came to see the house. For a 112-square-meter commercial house, Ms. Yang offered a price of 930,000 yuan, but the buyer Huang did not counter-offer. But he said that he had bad credit and was unable to apply for a loan, allowing his nephew Zheng to trade with Ms. Yang. Ms. Yang agreed without thinking about it. A few days later, the intermediary company sent a staff member to take her to the bank to open an account and apply for a card. Later, Ms. Yang and the intermediary Qin, Huang, Zheng and others came to the Liuzhou Real Estate Registration Center. After Zheng deposited a down payment of 184,000 yuan to the fund supervision account, the buyer and the seller went through the real estate transfer procedures. , The down payment was also transferred to Ms. Yang’s card. At that time, the two parties agreed that after a few days the bank loan was processed, Ms. Yang's account would be funded and the relevant documents would be handed over. But a few days later, the other party suddenly changed his mind. Ms. Yang: "I asked the other party how the bank loan situation was, and Qin told me that Zheng had already rushed to get the real estate certificate away. I said that I was going to the bank with him? Why not Notify me, he said he didn’t know, I asked Zheng, and he said he had taken the private mortgage." Zheng told Ms. Yang that he had mortgaged the house to a person named Zhong and borrowed 550,000 RMB 746,000 can no longer be paid. It was found that the situation was not right. In September 2018, Ms. Yang reported to the police station and sued Huang, Zheng and Liuzhou Jiuxie Investment Co., Ltd. to court, demanding payment of the balance. The court also ruled that Huang and Zheng should pay the balance according to the contract. At the same time, Zhong also sued Zheng to the court and demanded that he return the 550,000 yuan loan. But at this moment, the key figure Zheng lost contact. Huang and Zhong also said that they did not know Zheng. In September 2019, Liunan Branch of Liuzhou Public Security Bur66.133.87.,120eau conducted a case investigation, but there was no result. In December 2020, the property that Ms. Yang transferred to Zheng was auctioned by the court, and the proceeds from the auction of the real estate were paid to Zhong in priority. Ms. Yang only got back the litigation fee of 16,000 yuan. Up to now, Ms. Yang is very sad and angry. Ms. Yang: "It's like this. I don't have a house, and I can't get the money. I can only borrow to live in my son's house. The savings for my whole life, the house, was cheated away." The reporter wanted to find Liuzhou Jiuxie Investment Co., Ltd. learned about the situation and found that the company had gone to empty buildings, and the original address had been changed to a sugar and tobacco shop. After the hundreds of square meters of houses in the downtown area were sold, they only received more than 180,000 yuan. The experience of the elderly is unfair. So is there any way for Ms. Yang to recover the loss? The reporter learned from the lawyers that, in accordance with the Supreme People’s Court’s regulations on several issues involving economic crimes in the trial of economic disputes, the public security organs or procuratorial organs should send a letter to the people’s court that accepted the case for economic crime suspected cases that have been accepted If, after review, it is found that there is indeed a suspicion of an economic crime, the execution procedure in the civil case should be suspended at this time and wait for the outcome of the criminal case. The lawyer suggested that Ms. Yang continue to urge the police to solve the case. Lawyer Wang Yichen: "If it is a criminal case, I personally suggest that she still ask the public security organs to solve the case. If the house is really involved in a criminal case, then relevant procedures must be followed, and the previous auction process must be cancelled. Cancel and send this house back." In order to prevent loopholes, buyers and sellers of second-hand houses should go through the formal process. Reviewing Ms. Yang’s experience in selling houses, it can be found that during the house transaction, both parties only supervised the down payment and entered other processes. Without a credible third party to intervene and supervise, the seller failed to get back the balance. What processes should be followed in second-hand housing transactions to effectively protect the rights and interests of buyers and sellers? The reporter learned from the Liuzhou Real Estate Exchange that in 2019, Liuzhou has optimized the handling procedures for the supervision of stock housing transaction funds and established a through train business handling platform for stock housing. Handling process: 1. The seller publishes the housing information on the Liuzhou Real Estate Transaction Management Network and conducts verification. After reaching a transaction intention with the buyer, apply for pre-assessment and pre-review of the loan quota; 2. Both parties sign the contract online; 3. Supervise the down payment; 4. Receive the evaluation report, apply for the loan, sign the mortgage contract, and the initial loan review is passed; 5. Application Transfer registration, tax payment; 6. Mortgage registration; 7. The bank and the buyer receive the real estate certificate, and the seller receives the down payment. 8. The loan is finalized and the seller receives the final payment. According to this process, the actions of buyers and sellers are under the supervision of real estate exchanges and banking and financial institutions. In addition, the reporter also saw on the Liuzhou City Real Estate Practitioners and Personnel Supervision Platform of the Liuzhou City Real Estate Transaction Management Network that the rankings of real estate brokerage agencies and practitioners are publicized, which is an important reference for citizens in need. In order to protect the legitimate rights and interests of you and others, you should follow the formal process when buying and selling real estate. Source: Forefront of the rule of law

2018年5月份,广西柳州市民杨女士想卖掉自己名下的一套房子。卖房㉡信息在网上发布后,很快就有中介公司带着买家上门了。而杨女士怎么也想不到的是,她正一步步掉入一个连环套,至今都没解脱。

ɪ⋛ぃÖもǒВ㎏☈か

杨女士告诉记者,当年前来看房的是柳州市久协投资有限公司的中介工作人员覃某和买家黄某。一套112平方米的商品房,杨女士开价93万元,而买家黄某没有还价。 但他表示,自己征信不良,无法办理贷款,让外甥郑某与杨女士交易。杨女士没i有多想,就同意了。

☁㉦丅%º亻ღ㉱㎎

几天后,中介公司就派出工作┪人员,带着她到银行开户办卡。随后,杨女士就和中介方覃某以及黄某、郑某等人来到柳州市不动产登记中心,郑╚某向资金监管账户存入了18.4万元的首付款后,买卖双方办理了房产过户手续,首付款也转到了杨女士的卡里。当时双方约定,过几天银行的贷款办下来,杨女士的账户③进钱后,再交接相关证件。可是几天后,对方忽然变卦了。

杨女士:“我问对方银行贷♑款情况怎么样了,覃某就和我说,郑某已经加急把房产证领走了 ,我说当时不是说好我跟他一起去银行的吗?为什么没有㈎通知我,他说不知道,我问了郑某,他说他已经拿到民间去抵押了。”

♙㈅﹁

郑某告诉杨女士,他已经将房子抵押给了一个叫钟某的人,借得了55万元,无法再支付74.6万元的买房尾款了。 发现情况不对,2018年9月杨女士向派出所报案,并将黄某、郑某以及柳州市久协投资⒌有限公司告上了法庭,要求支付尾款。法院也判决黄某和郑某,应该按合同支付尾款。同时,钟某也向法院起诉了郑某,要求其归还55万元借款。而就在此时,关键人物郑某失联了。黄某和钟某也表示,并不认识郑某。 2019年9月,柳州市公安局柳南分局进行了立案调查,但并没有结果。
/2020年12ホ月,杨女士过户给郑某的这套房产被法院拍卖,房产拍卖所得被优先支付给了钟某,杨女士只拿回了1.6万元的诉讼费。事到如今,杨女士心里十分悲愤。
杨女士:“搞成现在这个样子,没有房子,钱又拿不到,我现在只能借住在儿子家里,一辈子的积蓄,就是这个房子,都被人家骗走了。”

㈢❔Ⓜ『ˊ㈑ɪ

Ⅺω

记者想找柳州市久协投资有限公司了解情况,发现这家公司已人去楼空,原来的地址已改成了一家糖烟店。位于闹市区的上百平方米的房屋卖出后,仅得⺶到18万多元,老人的遭遇令人不平。那么杨女士还有没有办法挽回损失呢?

66.133.87.,120ㅖ⏰℃びъ☔〰⺪

!��记者咨询律师了解到,√按照最高人民法院关于审理经济纠纷案件中涉及经济犯罪若干问题的规定,对于人民法院已经受理的有经济犯罪嫌疑的案件,公安机关或检察机关,应该函告受理案件的人民法院,经过审查,认为确有经济犯罪嫌疑的,此时民事案件中的执行程序应该中止执行,等待⺝刑事案件▂的结果。律师ч建议杨女士继续督促警方破案。
丨律师王一辰:“如果是涉及刑事案件的话,我个人建议她还是请求公安机关把这个案子破了,如果这个房子真的涉及刑事案件,那么就要走相关的程序,╄该撤销之前的拍卖流程就要撤销,将这个房子发回来。”
为防止被钻漏洞 二手房买卖双方应走正规流程
丬回顾杨女士的卖房经历可以发现,房屋交易过程中,双方只g是将首付款进行了资金监管 ,进入其他流程时,没有一个具备公(信力的第三方介入、督办,导致了卖方没能拿回尾款。
那二手房交易应该走哪些流程,Ф才能有效地保护买卖双方的权益呢?记者从柳州市房产交易所了解到,2019年,柳州市就已经优化了存量房交易资金监管业务办理流程,并建立了存量房直通车业务办理平台。

㈇À♋⺄

办理流程:
1. 卖方在柳州市房产交易管理网发布房源信息并进行核验。与买方达成交易意向后,申请预评估,预审贷款额度;
2. 双方网签合同;
3. 对首付款进╭行监管;
″4. 领取评Н估报告,申请贷款,签订抵押合同,贷款初审通过;
b
íь5. 申请转移登记,完税;
��◢/6. 进行抵押登记;
╖7. 银行与买方领取不动产权证,卖方拿到首付款。8、贷款终审放款,卖方拿到尾款。
⑴按照这一流程,买卖双方的行┠为都处在房产交易所和银行金融机构的监督之下。此外,记者还在柳州市房产交易管理网的柳州市房地产从业主体及人员监管平台上看到,上面公示了房地产经纪从业机构和从业人员的排行,给有需要的市民以重要参考。为了维护您和他人的合法权益,买卖房产,应走正规流程。
来源:法治最前线

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