A lawyer for loans is now receiving mass appeals from Russians living in large cities who have found themselves in a difficult situation. All of them fell into the hands of scammers.
A citizen draws up a loan. The organization issues an amount, for example, up to 300 thousand rubles. secured by real estate. As a result, a person is trapped when he cannot cope with debt obligations and loses his own apartment or house.
This type of legalized crime, as a competent lawyer explains, cannot be unambiguously called fraud (Article 159 of the Criminal Code of the Russian Federation), however, there is evidence of misleading citizens (Article 178 of the Civil Code of the Russian Federation). This means that such an agreement can be terminated without additional payments for penalties.
If interest and fines have already been paid, then the indicated amount will go towards paying off the loan body. But this is ideal. In reality, achieving restitution by a court decision is not easy.
The essence of the problem
In difficult life situations, citizens are forced to turn to doubtful creditors. Although the documents possessed by these organizations are all in perfect order, their representatives behave in bad faith.
When applying for a loan secured by residential real estate, a citizen signs a contract. The terms of this document are presented on many sheets. Naturally, the borrower does not read the terms of the so-called standard contract, but only draws attention to the interest assigned by the lender. And this article of the document is quite attractive. The lender agrees to give a large amount at 5%, and sometimes even at 4%. The conditions are more than loyal!
Where is the fraud?
- Subsequently, it turns out that it was not a question of annual payments, but monthly ones. These conditions are described in detail in small print, so that few people pay close attention to it. After all, it is usually indicated exactly the annual interest, although the borrower makes payments monthly.
- Naturally, a person who is already in a difficult situation (otherwise why should he take a loan), or who wants to buy some expensive, but necessary thing, is forced to pay up to 25 thousand rubles a month. Not everyone manages to cope with this daunting task.
- Initially, the citizen intended to make payments on time, so that the problem of imposing penalties was of little interest to him. Now he has to pay from 0.1% to 1.0% based on the amount of debt. And every day! For a month, if you delay payments, fines can amount to up to 90 thousand rubles. And over a million over a year.
- Representatives of the creditor organization are in no hurry to file a lawsuit against the recovery of a debt from an “unscrupulous” borrower. They wait until the debt reaches a critical value, equal to the cost of the apartment (house) itself, or several times exceeds the amount that the lender initially issued to the borrower. It will consist of late payments:
- by interest;
- on a fine;
- for fines.
Additional nuances of such contracts
A credit lawyer, who subsequently studies the conditions of such problematic contracts handed to him by clients who are in trouble, finds the following signs of hidden fraud in these documents: the client was sure that he was concluding a mortgage agreement, but it turns out that in case of delay in payments the borrower gives his housing to the lender , or, as it were, he had already completed a purchase and sale transaction.
That is, he is no longer able to even take advantage of the opportunity to sell his home in order to repay the debt and retain the main amount. Indeed, under the terms of the signed agreement, this apartment ceases to be his property from the moment of delay in debt obligations. Moreover, such a "minor" nuance is prescribed indirectly in the main contract. But in addition to this document, such a provision is signed in sufficient detail.
Trial
An experienced credit lawyer advises clients not to lose sight of the fact that they agreed to the terms and conditions put forward by the lender. Indeed, the documents bear their signatures.
For example, in the courts of Moscow, more than a dozen such cases have already been considered at the moment, when creditors, in fact, intended to acquire apartments for 100 thousand issued rubles, which were subject to the rules for the sale of collateral property. Only detailed consultations with a competent lawyer and comprehensive legal support in the courtroom helped to avoid the credulous borrowers of everyday catastrophes.
Nevertheless, it is very difficult to prove that the party to the contract was misled. The document should be read by the signatory, and it is better to initially involve a lawyer so that this professional studies its contents.
Most often, it is possible to achieve the appointment of restitution in another way. It will be required to prove that the person who signed the document was insane at that moment. That is, he tried to delve into the contents of the document, but did not understand its full meaning. But he could pick up the money (withdraw from the account) and put a signature.
Proof of the onset of temporary insanity can serve:
- testimonies of loved ones and social services employees;
- medical documents;
- inadequate behavior of a citizen both at the moment when the signature was put, and in the present period;
- appointment of guardians;
- confirmation of a serious illness that can affect the mental state of the property owner;
- prescriptions and pharmacy checks issued for the purchase of potent drugs, etc.
That is, the provisions of Art. 177 of the Civil Code of the Russian Federation (Clause 1). And to confirm the position of the client (borrower, his guardian) during the trial, a serious credit lawyer will help.