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The picture comes from the circle of friends of a person engaged in the "default housing protection" business

Where there is demand, there is trade. The reporter of China Times noticed that many people on public platforms are trying to attract the business of “breaking mortgage to save housing” recently. Some lawyers claim to be able to provide clients with the “resurrection” method, and some law firms have released news that some people not only broke mortgage to save housing successfully, but also made more than 800,000 yuan. However, some industry insiders have disclosed that some people failed to break mortgage to save housing and were cheated.

An industry insider said that the relevant operations require many prerequisites, and basic legal and financial knowledge must be mastered, and every step must be correct. Peng Yanjun, a well-known real estate lawyer in Beijing, told the China Times reporter that some operations of stopping mortgage payments to save housing involve fraud and are actually illegal and in violation of regulations.

“Stop paying the mortgage to keep the house” and earn 890,000 yuan?

The market is magical and sensitive. Where there is demand, there will be services, and an industrial chain will be derived. The reporter of China Times noticed that the service of "guaranteeing housing when mortgage is cut off" is quietly born and growing.

Since the mortgage is defaulted, won’t the house be foreclosed? How can you keep the house? Are there any successful cases and how did they work?

On July 25 this year, the official account of Guangdong Fapudun Law Firm introduced a so-called successful case. According to the narrator Wang Lan (pseudonym), this was a case handled by his lawyer team. The defaulter not only kept his house but also made a net profit of 890,000 yuan.

It sounds like a legend, but how did it work? Wang Lan said, "Mr. Liu, who defaulted on his mortgage, found our team before he defaulted on his mortgage and expressed his desire to keep his house. After the commission, we immediately asked Mr. Liu to find his nephew and signed a permanent residence right for the house."

"In the second step, we found a friend of his (Mr. Liu) and signed a 15-year lease. This friend transferred 500,000 yuan to Mr. Liu in one go, which was equivalent to 15 years of rent. This was actually just a transfer of money from one hand to the other. The purpose was to allow the court to determine that the lease was real and valid," said Wang Lan.

According to Wang Lan, Mr. Liu's loan was overdue two months later, and a few months later, the bank started to sue Mr. Liu and then began to auction his house.

Wang Lan said that Mr. Liu's house was priced at 2.87 million yuan in the first auction, and the appraisal company appraised it at 2.44 million yuan. The auction price was 70% off 2.44 million yuan, that is, 1.7 million yuan. Because of the dual protection of the right of residence and the lease, the court ruled that the lease was real and valid. In view of this, the house failed to be sold in the first auction. The second auction price was 20% off the 1.7 million yuan, that is, 1.36 million yuan.

"In this situation, no matter who it is, once they see the existence of a lease and the right of residence, they will not dare to bid. Because even if the house is in your hands, you cannot live in it. At the same time, the Property Law stipulates that the right of residence takes priority, and sale and purchase does not break the lease. That is to say, if there is a lease, you must wait until the lease expires before you can move in. Therefore, this is the real reason why many people dare not buy foreclosed houses." Wang Lan said.

In fact, this matter involves more than just the above two steps, there is also a crucial third step. Wang Lan said, "We let Mr. Liu's friend bid for the house at the starting price. In fact, he is the tenant and one of our own." But this is not the end. Wang Lan said there is another "extreme operation."

"After I got the house, it became a normal second-hand house. I directly found an appraisal company, which gave the house a high appraisal value of 3.22 million yuan. Finally, I borrowed another 70% from the bank, and directly borrowed 2.25 million yuan," said Wang Lan.

“His original house had no residual value and he couldn’t get a penny. After our team’s intervention, the house was saved and he even made a small profit of more than 800,000 yuan,” Wang Lan concluded.

It is worth mentioning that Wang Lan later emphasized that this kind of operation requires many prerequisites, and it is necessary to master basic legal and financial knowledge, and every step must be correct.

Our reporter noticed that Wang Lan had more information about the mortgage default protection business on a Douyin account called "Kai Ting Bar-Fa Pu Shield". In the background of "Kai Ting Bar-Fa Pu Shield", lawyer Zhang Yu (pseudonym) introduced their business to the reporter of "Huaxia Times".

Zhang Yu (pseudonym) said that she is a lawyer at Guangdong Fa Pu Dun Law Firm. They adopt a team service model. Each case has a lead lawyer, two assistants and a director as a small team to serve the client together. "Before entrusting you, we will fill in the detailed information for you and issue a housing preservation plan first. After both parties confirm, we will sign the entrustment contract and start the subsequent housing preservation lawyer service." Zhang Yu said.

Are there many people doing the mortgage insurance business in the past two years? Zhang Yu told reporters that they started doing this business at the beginning of last year, and the number of people is increasing every month. At first, they did advertising and streaming, and now they have stabilized and started to do videos.

Is “stopping payments to save housing” really feasible?

Recently, the official account of Jiangxi Lusheng Business Consulting Co., Ltd., "Lvsheng Legal Services", has also published a number of advertisements about the "mortgage default to keep the house" business.

On July 30 this year, "Lvsheng Legal Services" announced, "Whether your house is about to be defaulted on or has already been defaulted on, and whether you have been sued or executed, we have ways to help you customize the best house preservation plan through legal means. The longest is 5 to 8 years, giving you enough time to turn things around."

Our reporter noticed that there are many lawyers who provide services for the mortgage suspension and housing preservation business. On June 12 this year, a full-time lawyer from a Guangdong law firm publicly stated, "mortgage suspension is not the end, and it is possible to preserve the house for 8 years. Does mortgage suspension and housing preservation sound like the end of the world? In fact, it is not. We have ways to turn it into a new starting point. Here are two tricks to help you deal with it easily..."

On July 9 this year, the lawyer also said, "Don't despair if you default on your mortgage. Here is a way to revive yourself. Even if you are about to default on your mortgage, don't let your house go to auction. Once it is auctioned, the value of your house may plummet. Losing half of the value of the property is not enough. Is there no other way? I will give you an idea, which is to apply for legal aid to default on your mortgage and keep your house..."

Our reporter noticed that there are many companies and lawyers on the public platform that provide services for housing preservation after mortgage default. Many of the introductions sound promising. In addition, there are also some short videos that teach people how to preserve their houses, with different tricks. Some even say that they use the serious illness of the elderly at home to gamble.

Is it foolproof to stop paying for housing? Our reporter found that on July 24 this year, real estate blogger "Big House Brother" published an article on his WeChat public account titled "The first case of a lawyer cheating a person of more than 400,000 yuan by stopping paying for housing." In the article, Big House Brother also inserted a video. In the video, the person seeking help told him about his failed experience of stopping paying for housing.

On July 30, a reporter from the China Times contacted Dafangge. Dafangge told the reporter that he was unwilling to talk about the details of the above case. "This will destroy the reputation and jobs of many lawyers," he said, "I don't want to be besieged." At the same time, Dafangge also told the reporter that cases of failure to stop paying for housing are real and have always existed.

On the same day, a reporter from the China Times interviewed Peng Yanjun, a well-known real estate lawyer in Beijing. Peng Yanjun believes that some operations of stopping mortgage payments to save housing have deviated from the principle of honesty and trustworthiness. Once fraudulent means are adopted, it is illegal and in violation of regulations. Maliciously setting up leasing and residence rights, maliciously overestimating the value of houses, and defrauding bank loans are not behaviors advocated by the law.

Editor-in-charge: Zhang Bei Editor-in-chief: Zhang Yuning