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1.On September 25th, I asked an intermediary company to help me with a mortgage loan of 6.5438+0.2 million yuan in CCB. Listen. ...

How long does a mortgage usually take? How long does it take for China Construction Bank to issue mortgage loans for first-hand houses? When can the first-hand housing mortgage loan of CCB generally be released? I applied for a first-hand housing mortgage loan from CCB, which has been more than a month, and I haven't lent it yet. Do I have to wait? Is there any other way to apply for a first-hand housing mortgage loan from CCB? How long does a mortgage usually take? Hello, because the country has tightened the mortgage at present, so has the first-hand housing mortgage loan of CCB. Generally speaking, if you want to lend the first-hand mortgage of CCB earlier, it is recommended to directly increase the down payment ratio. At the same time, it can also prevent the four major banks from applying for first-hand housing mortgage loans, because at present, the four major banks are tightening first-hand housing mortgage loans. How long does a mortgage usually take? First-hand housing mortgage loan conditions are: (1) with legal and valid identification (resident ID card, household registration book or other valid identification) and proof of marital status; (2) Having a good credit record and willingness to repay; (three) a stable source of income and the ability to repay the principal and interest of the loan in full and on time; (4) the contract or letter of intent for the sale (pre-sale) of purchased houses and commercial houses; (5) Being able to pay the down payment of the purchased house; (6) Opening a personal settlement account in a bank; (7) Effective guarantee recognized by the lender; Because different banks have different loan interest rates and different handling fees. Therefore, different applicants have different qualifications.

2. What about the credit account manager of Ping An Bank?

Ping An Bank is engaged in credit. It's tiring to find customers at first. The most important thing is perseverance. You can earn more business, otherwise it's useless. It's a bit like sales, not so leisurely.

3. The credit manager of Ping An Bank made an illegal loan of 70 million yuan by making a yin-yang contract.

Yao Jie, born in 1982, was the former credit account manager of Wenzhou Longwan Sub-branch of Ping An Bank. /kloc-in August of 0/4, he was arrested on suspicion of illegally issuing loans.

A copy of criminal judgment (Longwan District People's (20 14) No.719 Longwen Criminal Zi Chu) obtained by the reporter shows that in May of 20 15, the people of Longwan District sentenced Yao Jie to six years' imprisonment and fined 50,000 yuan for the crime of illegally issuing loans.

However, the case is still at the appeal stage.

The cause of the incident was an IOU handed out by Yao Jie on 20 12.

The crux of the problem lies in that Ping An Bank filed two guarantee contracts with different amounts, both of which amounted to 46 million, while Wenzhou Sanshan Glasses Co., Ltd., which provided the guarantee for the loan, claimed that the contract was forged by Yao Jie, and the amount of the guarantee contract retained by Sanshan Company was only 26 million.

Wenzhou, where the private economy is developed, is the hardest hit area with high incidence of bad banking events in recent years, and the heads of Wenzhou areas of major commercial banks have also changed a lot. Under the background of weak real economy and high non-performing loan ratio of banks, the tripartite game among government, banks and enterprises has been escalating. In this context, the Yao Jie case undoubtedly has typical sample significance for all parties.

"yin and yang" guarantee contract

In the autumn of 20 1 1, the capital chain of some enterprises in Wenzhou was tense or even broken, and a local financial storm broke out.

Relevant judicial materials show that the storm in this case began in February 20 12. Wenzhou Jintai Glasses Co., Ltd. (now Wenzhou Jintai Group Co., Ltd.) applied for a loan from Ping An Bank Wenzhou Branch, and Wenzhou Sanshan Glasses Co., Ltd. provided credit guarantee for the loan from Wenzhou Jintai Group.

Since then, Ping An Bank Wenzhou Branch has issued loans totaling 70 million yuan to Jintai in March, May, June and August, 2002, with Yao Jie as the credit account manager. As of the time of the crime, the loan has not been recovered.

The People's Procuratorate of Longwan District, Wenzhou City accused that Yao Jie, the credit account manager of Wenzhou Longwan Sub-branch of Ping An Bank (formerly Shenzhen Development Bank), needed Jintai's guarantee in handling Wenzhou Jintai's light loan business in early February. In addition to providing real estate guarantee, Wenzhou Sanshan Company also agreed to provide 26 million yuan guarantee for Jintai.

The book claims that after Yao Jie confirmed the guarantee amount of 26 million yuan to Sanshan Company on February 6, 20 12, he took the blank contract and the resolution of the shareholders' meeting with the seal of Sanshan Company as his own.

The book accuses Yao Jie of tampering with the guarantee amount of 26 million yuan to 46 million yuan without the consent of the guarantor Sanshan Company, and filling the tampered guarantee amount of 46 million yuan into the blank guarantee contract and the resolution of the shareholders' meeting. Then hand-write a guarantee contract with a guarantee amount of 26 million yuan and a blank contract with the seal of Sanshan Company on the last page to make a guarantee contract and fax it to Sanshan Company.

In addition, the People's Procuratorate of Longwan District of Wenzhou also accused Yao Jie of not carefully examining the credit information during the process of writing the loan investigation report, and failing to examine the lawsuit of the loan enterprise Jintai. The mortgaged property provided by the legal person Dong of Jintai was frozen on April 20 12.

In view of this key plot, Yao Jie argued that the amount of guarantee agreed with Sanshan Company was 46 million, and it did not sign a blank contract or tamper with the contract. Moreover, he also inquired through "Zhejiang Net" at that time, and did not inquire about the lawsuit of Jintai Company. According to the relevant regulations of the bank, he only reviews trade contracts and does not need actual inspection; Dong's property has no collateral and does not need to be verified; In addition, Yao Jie denied the accusation of forging the seal and signature of Sanshan Company. To sum up, he does not constitute the crime of illegally issuing loans.

Crime and tort

Yao Jie's defender in the first instance submitted to Jianting that the public prosecution agency did not have sufficient evidence to prove that Yao Jie had pieced together a 26 million guarantee contract. The contract was faxed, and there was no other evidence to prove its source. Sanshan Optical Co., Ltd. has the possibility of writing by itself and the director evading the guarantee responsibility. The existing evidence can't prove that the faxed 26 million yuan guarantee contract was written by Yao Jie, faxed by Yao Jie or faxed by Yao Jie. The faxed 26 million yuan guarantee contract is like this.

Xiang Jianting also pointed out that Yao Jie admitted that the 26 million yuan guarantee contract 20 12 was wrongly written, unused and sealed. The fax version of the 26 million contract was used in May 20 12, so the fax was not written by Yao Jie. In the recording, Yao Jie admitted that letting other bank staff fax was not his real intention, but was induced by Sanshan Glasses Company deliberately setting traps, and Yao Jie was worried that Sanshan Glasses employees would be held accountable and took the initiative to take responsibility.

Xiang Jianting pointed out that documentary evidence shows that the contract of 46 million yuan is true and effective, and the contract of 26 million yuan is forged. The second statement provided by Sanshan Optics can prove that it is willing to issue a statement for Jintai Company knowing that the guarantee is 46 million yuan, indicating that it has no objection to the guarantee amount of 46 million yuan.

In addition, whether litigation is involved or not, the bank's approach is to go to People's Daily Online and the bank's credit information system for investigation, rather than directly, because it is not feasible and feasible, and the enterprise may be in other places, and the information is not uniform.

As to whether the loan has a real trade background, Yao Jie conducted on-site and off-site due diligence, and the payment was also paid directly to the other party. Therefore, it is proposed to Jianting that Yao Jie has fulfilled its due diligence and prudent investigation obligations.

At the same time, Sheng Shaolin, the defender of Yao Jie's first trial, also pointed out that the crime of illegally issuing loans in criminal law must be in violation of state regulations, while neither the Guidelines on Due Diligence of Credit Granting of Commercial Banks nor the General Principles of Loans belong to state regulations, and the public prosecution agency has errors in applying the law.

In this regard, the people of Longwan District believe that Article 52 of the Law of People's Republic of China (PRC) Commercial Bank stipulates that the staff of commercial banks shall abide by laws, administrative regulations and other business management regulations. The Guidelines for Credit Due Diligence of Commercial Banks and the General Rules for Loans belong to the "Other Business Management Provisions" stipulated in Article 52 of the Law of People's Republic of China (PRC) Commercial Bank.

It is worth noting that according to the testimony of Lu Mou, a legal person of Sanshan Company, Sanshan Company was informed that its guarantee amount was 46 million yuan in early August of 20 12. However, considering that banks are in a strong position and enterprises are in a weak position, there is great pressure to report cases. Moreover, Yao Jie said that Dong had promised to mortgage the property to the bank and would soon restore the guarantee amount to 26 million yuan, so he didn't choose to report the case at that time.

Until 20 12, 1 1, Sanshan discovered that the above-mentioned property had been transferred to others by Dong as early as September 20 12, so she thought that Yao Jie was suspected of colluding with Dong to tamper with the guarantee amount before reporting to the public security organ.

The evidence against Yao Jie also includes the recording of conversation received by the public security organ from Sanshan Company. During the conversation, Yao Jie admitted that the fax of the 26 million yuan guarantee contract received by Sanshan Company was sent by Yao Jie, and the responsibility for the two guarantee contracts of 26 million yuan and 46 million yuan was in Yao Jie. The recording was identified as Yao Jie himself and was not found to have been edited.

Finally, it is concluded that Yao Jie used the trust of customers to sign a blank guarantee contract and tampered with the guarantee amount agreed by both parties orally; Violation of state regulations, serious irresponsibility in credit granting and loan investigation, failure to seriously investigate loan-related information, and issuance of a loan of 70 million yuan, which is extremely huge, so that the loan has not been recovered so far, and its behavior has constituted the crime of illegal loan issuance.