Is the down payment legal?

Legal subjectivity: So what is a down payment loan? Why is it so sought after? What kind of crisis is behind its fiery heat? As we all know, housing prices in many big cities are very high, among which, Beishangguangshen leads the whole country. Therefore, many property buyers have to borrow from third-party institutions such as banks and private lending in order to make up the down payment. But even if there is a third-party loan, the down payment pressure is still not small, so the "down payment loan" came into being. The so-called "down payment loan" refers to a financial business in which the intermediary provides subsidy funds for the buyers to borrow and help them enlarge the leverage of buying houses, so that the actual down payment ratio can be reduced to 10% or even lower. Small example A wants to buy a house worth 654.38+0 million. According to the national policy (notice on issues related to the adjustment of individual housing loan policy): in cities that are not "restricted", residents buy commercial individual housing loans for ordinary housing for the first time. In principle, the minimum down payment ratio is 25%, which can be lowered by 5 percentage points in various places; For households that own 1 apartment and the corresponding housing loans are not settled, in order to improve their living conditions, they should apply for commercial personal housing loans to buy ordinary housing again, and the minimum down payment ratio should be adjusted to not less than 30%. In other words, to buy this house, A needs to prepare at least a down payment of100× 25% = 250,000 yuan. However, through financial services such as "down payment loan", buyers can also buy this house with only 65,438+10,000 cash. Do you know about "down payment loan"? Who provides the "down payment loan"? Real estate agents, developers, small loan companies and Internet financial platforms (P2P) are all providers, and second-hand housing agents and P2P platforms are the main forces. What are the characteristics of down payment loan? Low down payment: taking Shenzhen as an example, down payment loans are generally about 50% of the down payment, which can reduce the actual down payment ratio to 10% or even lower; Low risk: "down payment loan" can be divided into secured and unsecured loans. Compared with commercial loans, the risk is not high. The main risk is the short period under the property market: "down payment" can be divided into one-time payment and installment payment, and the short period is generally 1-5 years. Quick loan: Generally, it is very easy to apply for "down payment loan". Just fill in the contact information online and provide information such as ID card, social security card, provident fund card and half-year salary flow, and then you can lend money after review. The shortest loan time is only 1 day. Is the crisis brewing behind the down payment loan really on fire? First of all, understand a term, what is down payment plus leverage? Generally speaking, if you buy a house for 6.5438+0 million yuan, you need to pay a down payment of 300,000 yuan according to the bank's previous requirement of 30% down payment. Now large real estate agents learn from P2P model and introduce social idle funds to help you solve the down payment. For example, if you or your immediate family members have a house to mortgage, it can solve 70% down payment, that is, 2 10000 yuan. As long as you take out 90,000 yuan of your own funds, it is 2.33 times the down payment leverage, but from the perspective of the total house price, it is more than 10 times the total leverage. What are the risks of down payment? Bankers told reporters that the risk of "down payment" cannot be ignored. First, there are policy risks. The down payment ratio of individual housing loans for China residents is controlled by the central bank. Paying down payment through private secondary loans, so that unqualified buyers can also borrow from banks, is equivalent to crossing the threshold of financial loan review, and there is a certain suspicion of fraudulent loans in the middle, which does not comply with relevant policies. Secondly, it increases the risk of bank authorization. This kind of Internet finance "down payment loan" products are in a regulatory vacuum, and the central bank's credit information system has no data on such loans, which means that when buyers apply for mortgage loans in banks, banks are not sure whether they have applied for "down payment loan" products. Third, it magnifies the risks in the real estate market. Once there is a "down payment loan", the leverage ratio of buyers is too high. Once the house price falls in the future, it is likely to be insolvent, leading to an increase in the default rate. Moreover, the "down payment loan" may also cause adverse selection problems, leading to a large number of buyers who have no ability to purchase houses on impulse, increasing potential risks, which is particularly obvious in areas with strong expectations of rising house prices such as Shenzhen. The "down payment loan" risk management department stepped up supervision, and the Shenzhen Financial Office sent a letter to relevant Internet finance enterprises and associations. In this letter entitled "Inviting Businessmen to Provide Relevant Materials for Preventing Financial Risks in the Real Estate Industry", the Municipal Finance Office stated that according to the instructions of the main leaders of provinces and cities, banking institutions, P2P microfinance companies and other institutions have successively participated in "down payment loans" and highly leveraged loans to enlarge the current situation of financial risks and study how to further prevent financial risks. Intermediary and down payment loan "cleared the relationship". Under the pressure of supervision, many intermediaries involved in real estate finance have come forward to "clear the relationship" with down payment loans. A few days ago, Want Want responded that the cooperation between Want Want and banks, small loans and guarantee companies to carry out down payment business has been completely suspended. Online said that the down payment for new houses would be stopped at the end of February. As of February, its down payment loan was less than 300 million yuan, which was only issued in Beijing. At present, the balance in transit is 65.438+0.2 billion yuan, and second-hand housing transactions do not provide down payment loan services. Last night, the listing website also issued a statement denying that it had ever set foot in the "down payment loan" business. What do they say "down payment"? Central Bank: The illegal down payment for house purchase increases the risk of the real estate market. Off-site fund-raising in the real estate market, including P2P platform, includes real estate intermediary structure and real estate development enterprises using Internet financial platform for off-site fund-raising, and also includes real estate development enterprises, real estate intermediaries and Internet financial enterprises with P2P as the main body to jointly engage in off-site fund-raising business. The attitude of the People's Bank of China on this issue is very clear. First, real estate development enterprises and real estate intermediaries have not obtained corresponding qualifications for financial business, engaged in financial business in violation of regulations, and there are still phenomena such as self-financing, self-guarantee, and fund pool. Second, real estate intermediaries, real estate development enterprises run their own financial industry or cooperate with P2P platform to carry out financial business. The products provided by down payment loans not only increase the leverage of residents to buy houses, weaken the effectiveness of macro-control policies, increase financial risks, but also increase the risks in the real estate market. Deputy: If Huang, deputy to the National People's Congress and mayor of Chongqing, let the housing market in some places be highly leveraged, it will be another financial disaster. The down payment of some banks' housing loans has dropped from 40% to 30%, and now some banks have dropped to 20%. If real estate agents or intermediaries provide buyers with a down payment of 10% to 20%, buyers actually become zero down payment or 5% to 10% down payment. The source of the subprime mortgage crisis in the United States is zero down payment, and house prices are mindless. This is the same as the result of 3000 to 5000 points caused by high leverage in the stock market last year.