Sky of cool and bright
Experience condition of law new student
Let old people mortgage house property borrows capital, product of conduct financial transactions of reoccupy capital subscribe... in recent years, increasing company is being hit " with room provide for the aged " the banner, fact that collects money illegally all right, coil the house property of old people and gold banquet one sky.
Guaranty house property borrows capital
"With room provide for the aged " fraud emerges in endlessly
In April, bulletin of small gain of government of substation of Haidian of Beijing public security bureau says, in the light of provide for the aged of the people's livelihood is installed to serve limited company to be engaged in collecting money illegally in asset of the people's livelihood is being installed to manage limited company to reach in investor informs against Beijing mobile circumstance, substation of Haidian of Beijing public security bureau already was investigated to relevant company put on record.
Normal " with room provide for the aged " it is to show old people mortgages housing reversely endowment insurance, it is business of endowment insurance of a kind of innovation that combines housing guaranty and life annuity insurance business, and in installing the people's livelihood is not.
As we have learned, the mode that conduct propaganda of the people's livelihood installs in is a client get brushstroke capital through going out house property guaranty to borrow thereby, use this fund the product of conduct financial transactions that the people's livelihood brings to issue in subscribe next, products of these conduct financial transactions will give a client 6% of the left and right sides year turn profit.
In in bring the people's livelihood and client beyond, still a tripartite gives those representing capital. This tripartite gives those representing capital to be in charge of borrowing a client capital, the people's livelihood is installed to be in charge of paying contributive person interest in. As we have learned, the interest that the people's livelihood brings to give contributive person in is as high as 20% . This also is meant, the people's livelihood is installed in every do brushstroke business, capital cost will be as high as 26% above. Have a bit inadvertent, the people's livelihood is installed to be able to be immersed in a dangerous situation that capital catenary ruptures in.
"At the beginning when, it is every month gives money really, so everybody can recommend the person beside slowly. " Lin Tao's parents this year more than 60 years old, stem from the consideration that to oneself assemble nods money of provide for the aged to reduce filial burden, parents mortgaged the house go out.
Very fast, the mode of this one business that the people's livelihood installs in is afterwards hard. Begin from the beginning of the year, the people's livelihood is installed to expose to the sun time and again in piece " run road " " collapse dish " wait for a hearsay, include Lin Tao's father and mother inside many senile average per capita encountered contributive person comes dun: "Still do not have money, sold the house! Sold the house!!
In fact, in recent years of all kinds " with room provide for the aged " fraud emerges in endlessly, be in early 2016, media has reported similar fraud.
Aim at cloth of empty nest old person to leave tender pit
Be in answer dish in the process that parents is duped, lin Tao thinks, because old people lacks knowledge of conduct financial transactions,be on one hand, because this kind of orgnaization understood thoroughly the psychological demand of old people,also be on the other hand, often organize collective activity, let many empty nest old people experience the warmth like the family, imperceptible in the conduct propaganda that believed these orgnaizations.
This year Ms. Tang of 65 years old also within an inch of falls into this " tender trap " . After retire, ms. Tang often is organized with colleague, old schoolmates wait for an activity chorally, in this one process, ms. Tang bring into contact with in install the people's livelihood " with room provide for the aged " the conduct propaganda of mode.
"The company often organizes a few activities, there is kind of feeling that is shown loving care for really at that time, we the person that this kind of children is not beside, be duped because of little consideration very easily. " Ms. Tang says, dissuade what the son sufferred after fortunately she and son discuss stoutly, just abandoned the idea of investment.
"With room provide for the aged " fraud
Majority is involved " cover a road to borrow "
The lawyer points out, "With room provide for the aged " fraud majority is involved " cover a road to borrow " , it is a kind of new-style crime, the law that involves many sided commonly concerns. Civil law impact involves dispute of contract of business of loan contract dispute, guaranty contract dispute, building to wait; Crime respect basically is involved absorb the public illegally to imprison blame and intended harm blame blame of deposit blame, crime of fraud, blackmail, illegally to wait.
Difficulty: Insurer risk great power is insufficient
Zheng Bingwen of director of research center of social security of world of courtyard of Chinese company division thinks, develop housing reverse mortgage has an inferior position, that is environment of basic level law, society the field such as quality of orgnaization of service of sincere letter system, intermediary is endless and perfect. Housing mortgages loan is a newly emerging things reversely, branch of a lot of local government is first time contact, no matter be policy code, still be mechanism of business flow, system, need to be combed afresh build.
For example, of happy person life " Fang Laibao " every sheet business is signed from the old person cast protect intent book, building to evaluate, hypothec person aptitude is maintained, building guaranty, notarization arrives final each formalities be over gets old-age pension, want the 2-3 on the flower normally lunar time, the longest one only last a period of time 9 months.
For example, the value, annuities number that can get every months is evaluated to reach to the building in both sides after agreeing, both sides enters pawn and guaranty person relevant aptitude is maintained. From the point of real operation, whole technological process appeared to need the detail with farther suitable rub one's palm along smooth out with the fingers not less.
For example, "Building property " . After our country room changes, some houses are filling the commodity room that makes epigenesis of gold of land sell one's own things trade to can appear on the market freely, but some houses are the reason such as confidential sex unit as a result of the unit, can be on the move in systematic interior only.
Be like again " property right property " . Defend a provision according to casting, cast the building that maintains an old person to have 100% complete property right to just can make pledge, because this fills,card of bow tie marriage, house property card adds a name to wait for the common problem that also is this link.
Borrowing money with traditional guaranty is to guaranty, can agree a specific guaranty deadline and amount are different, reverse mortgage is to cannot shift to an earlier date of conventional mortgage time limit and guaranty amount, need to be installed afresh in the system such as the flow of partial government sector, regulation from this, cannot support relevant business to deal with otherwise.
Proposal: Publish housing reverse mortgage assures policy
Zheng Bingwen suggests, the state lends his name entrust a certain ministries and commissions specific carry out, offer to policy-holder and underwriter " two-way insurance " ; Or national authorization orgnaization of a certain finance, it is with national credit endorse, offer to the underwriter " one-way insurance " . Should be made as soon as possible and publish old people housing reverse mortgage assures policy, regard business of national policy sex as to bring into our country provide for the aged to guarantee a system its, encourage supply, satisfy requirement.
In addition, in legal environment level, our country is current " inheritance act " " matter right law " " assure law " wait to still remain to perfect, put in the blank spot that a few law join, need edits relevant law clause, create favorable legal environment for reverse mortgage. Insurance company level, change in value of the standardization of the product, disbursement modular, calculative, the clever activation of deadline improve a space very big also.
In the meantime, also need more to accord with the social force of aptitude, be like commercial bank, fair do or orgnaization of provide for the aged of run by the local people is participated in " with room provide for the aged " come in business. The participation of more market main body, ability enlarges the dimensions of regular army market, increase product and service supply, also can bring larger social force.
Happy person life mortgages Chen Lei of senior assistant director represents endowment insurance office reversely: "From level of industry of business of this one innovation development looks, be born of detailed rules of policy of even further perfect and relevant form a complete set and administrative measure come on stage.
This 2019 " the opinion that serves development about advancing provide for the aged " (the following abbreviation " opinion " ) put forward, trade in estate, guaranty is registered, the orgnaization such as notarization establishs green channel, simplify handle affairs program, promotion serves efficiency, the appeal before this responded to us namely and appeal to beg, governmental outgoing message when as soon as possible be born, how to carry out reach the designated position to still remain relevant function branch is cogent participate in, drive jointly.
Additional, according to reverse mortgage endowment insurance idiosyncratic, he an authority card (the praedial card that register) the specified number of highest creditor's rights that attend is met outclass is uptodate assess value, " assure law " with " matter right law " certain to this definition and explanatory existence difference and conflict, opposite for, " matter right law " clearer reflect protection inside limit of forehead of highest creditor's rights preferential authority sufferring countervail. Legal level if can as soon as possible form a complete set and perfect, more be helpful for product of innovation of this one finance be being popularized in the whole nation.
Relevant news
The State Council publishs 28 support " with room provide for the aged " safe
The country approves " with room provide for the aged " insurance product, namely old people housing mortgages reversely endowment insurance, it is business of endowment insurance of a kind of innovation that combines housing guaranty and life annuity insurance business actually.
Its mode of operation is, own a building the old people of complete property right, its house property guaranty gives insurance company, continue to have a building to have, use, accrual deals with with what agree via hypothec person authority, till,get old-age pension according to stipulation die; After old person die, insurance company obtains guaranty house property to deal with authority, deal with gain will be first use at liquidate endowment insurance relevant charge.
The policy-holder that this product faces group for 60 years old above owns a building the old people of completely absolute property right. Provide old people housing of reverse mortgage endowment insurance to have the insurance company of certain aptitude.
In June 2014, the original meeting that keep watch is released " about developing old people housing reverse mortgage endowment insurance coachs pilotly opinion " , start reverse mortgage formally safe and pilot, pilot city is 4 cities such as Beijing, Shanghai, Guangzhou and Wuhan.
In March 2015, first housing of happy person life mortgages endowment insurance product is obtained reversely batch appear on the market sale, pilot enter materiality to run level. On July 31, 2018, old people housing mortgages endowment insurance enlarges countrywide limits formally reversely.
On April 16, print and distribute of general office of the State Council " opinion " , in file of this heavy pound, "Finance of benefit of general of provide for the aged " make window, "With room provide for the aged " insurance and nurse for a long time the product such as fund of target of safe, provide for the aged is made clear to allude again together, include 6 fields in all measure of 28 specific policy. Among them, developing field of finance of benefit of general of provide for the aged, put forward clearly " supportive commerce insurance device develops old people housing in city of ground level above business of reverse mortgage endowment insurance " .
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