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 Markup loan legal perspective, Need your view

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icemanfx
post Jul 21 2020, 10:18 AM

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QUOTE(Noblish @ Jul 21 2020, 07:21 AM)
Hi all

i know markup loan has become very common nowadays but is it actually legal?
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In some countries, this is loan fraud, a felony.
icemanfx
post Jul 21 2020, 10:34 AM

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QUOTE(WaCKy-Angel @ Jul 21 2020, 10:29 AM)
Its not wrong to sell higher than market price, but he said "loan markup" as in stated selling/buying price say 1.5mil in SPA & Loan, but in actual buyer only pay 1mil to seller so technically that is frauding the bank.
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If the borrower defaulted soon after loan dispersed, the valuer who valued $1.5m risk delisted from bank panel.

icemanfx
post Jul 21 2020, 10:26 PM

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QUOTE(zer016 @ Jul 21 2020, 10:18 PM)
I think what TS meant is the SPA is marked up at a higher price in order for him to obtain a loan. In fact there is an actual purchase price agreed upon by the seller and buyer at a lower price compared to the written value on the spa.
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Buyer can put whatever spa price but bank loan follow valuers price. Now a day, not many valuer will give overinflated price.
icemanfx
post Jul 24 2020, 02:59 AM

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QUOTE(propertyowner @ Jul 23 2020, 12:18 AM)
it is legal - as you can quote as discounts to purchaser
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QUOTE(propertyowner @ Jul 24 2020, 12:33 AM)
Yes, otherwise im replying this from jail already.
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If the loan is defaulted soon after dispersed, it will be a different story.

This post has been edited by icemanfx: Jul 24 2020, 03:00 AM
icemanfx
post Jul 24 2020, 06:08 AM

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QUOTE(mini orchard @ Jul 24 2020, 05:21 AM)
As though those without mark up no default ?
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The need to mark up loan is why mark up loan has higher default risks.

This post has been edited by icemanfx: Jul 24 2020, 06:09 AM
icemanfx
post Jul 24 2020, 06:11 AM

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QUOTE(mini orchard @ Jul 24 2020, 05:20 AM)
There is NEVER an agreement in the first place.

What goes behind the scene of SnP  is neither with your or my knowledge.

If the govt can accept it, the bank can approve the loan, who are we to say is illegal or otherwise ?
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In some countries, this is loan fraud, a felony.
icemanfx
post Jul 24 2020, 08:20 AM

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QUOTE(mini orchard @ Jul 24 2020, 07:02 AM)
What is fraud ? ...is when someone suffered a financial loss....in marked cases ...

Govt will collect higher stamp duty (mot) for marked up sale.

Govt will collect higher stamp duty for loan agreement

Govt will collect higher rpgt tax, if applicable.

Will govt charge the seller buyer for such transaction ?  and

Banker will collect higher loan interest payment.
Default by borrower is lain cerita.
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As long as loan is repaid on time is fine.
icemanfx
post Jul 26 2020, 12:59 AM

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QUOTE(propertyowner @ Jul 26 2020, 12:27 AM)
Just cut the BS down & prove it's 100% illegal then and be consistent.
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QUOTE(propertyowner @ Jul 26 2020, 12:31 AM)
He said Technically not illegal at the same time 100% illegal. Kinda perplexed.

Dono what he's saying but then more importantly is the hot money already in pocket. Who cares after all.
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Although there are enough legislation to charge marked up loan borrower for loan fraud. however, local bank is more keen to recover debts and police commercial crime division don't normally get involve in debts recovery. given rising npl from marked up loan, it won't be a surprise some will be charged for loan fraud to deter future offence, especially those marked up for huge cash back.

This post has been edited by icemanfx: Jul 26 2020, 01:04 AM
icemanfx
post Jul 26 2020, 01:06 AM

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QUOTE(propertyowner @ Jul 26 2020, 01:04 AM)
Developer selling to you can be in similar methodology but they never call it as mark up loan. Just deep dive more on how things work n you'll be surprised.
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For reasons, some banks give low LTV to some developers units.
icemanfx
post Jul 26 2020, 09:43 AM

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QUOTE(mini orchard @ Jul 26 2020, 04:32 AM)
There is a BIG different between marked-up price for loan purpose and marked-up price for supply of services/products.

The former is 'executed' through the loan agreement where 'REPAYMENT IS MANDATORY'. Upon settlement of the loan, banks have collected back the principal disbursed plus interest. There is NO loss to the bank. There is NO fraud.

Again, I repeat ... default by borrower is lain cerita .
The latter is 'executed' through a price increase for the supply of services/products. Suppliers dont benefit from the price increase. Less services/products are being supplied for the same amount of money paid. There is a LOSS to the company that have paid a higher price for the services/products. The person who received the 'marked-up' is NOT OBLIGATED' to repay the money received. THIS IS FRAUD !

The forner is 'legal' and the latter is ILLEGAL !

It NOT a surprised that NON will be charged for 'loan fraud' which is 'illegal' made legal between banks and borrowers through a LEGAL STAMPED LOAN AGREEMENT !

Banks are 'illegal' Ah Long made legal by BNM through issuance of banking licences while Ah Long are 'illegal' made illegal due to non compliance requirements ! Nevertheless, both are money lenders !

If marked-up is bank compliance, how is it a fraud ?
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QUOTE(StupidGuyPlayComp @ Jul 26 2020, 07:28 AM)
Mark up loan is a loophole, not illegal
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Criminal case is investigated by police. As long as bank could recover debts, they don't report to police. Bank don't report to police doesn't mean it is not illegal.

Knowing culture in this country, there will be people pushed their luck too far to end in criminal case.

icemanfx
post Jul 27 2020, 12:32 AM

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QUOTE(mini orchard @ Jul 27 2020, 12:25 AM)
Banks don't report to police mean they dont have proof that it is not illegal.

Bank Legal Advisers are not for parade ! They are being paid for their professional opinion !

Is as simple ...'Catch me lor, if you can !'
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Loan disbursement and transaction is all recorded, poof is not difficult to gather. Bank prefer to recover bad debts rather than spending resources on criminal proceedings.

It is a matter of time, bank will want borrower to proof ze has paid non financed portion of purchase before loan disbursement.

This post has been edited by icemanfx: Jul 27 2020, 12:36 AM
icemanfx
post Jul 27 2020, 08:22 AM

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QUOTE(mini orchard @ Jul 27 2020, 06:48 AM)
Criminal proceedings are not the purview of banks ! When can next of kin charged a murderer for murder !

Bank will only disbursed what is being loan. Proof of balance payment or all payments are handled by the lawyers ! Whether any actual cash movement is inmaterial as long seller 'CONFIRMED RECEIVED' through a booking receipt !

Or are you talking about a live video recording of a 'hand shake.'

There was a saying by a 'popular' forumer in lowyat forum ...

"Those who lives in coconut shell thinks that is his world !"
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In criminal trial, bank may need to send staffs to court as witness.

'confirmed received' without actual transaction is a FRAUD.

icemanfx
post Jul 27 2020, 09:16 AM

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QUOTE(mini orchard @ Jul 27 2020, 08:36 AM)
Bank staffs accomplice in marked up ?

When did lawyers ever asked for proof of deposit payment other than the booking letter ?
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Suggest you to ask your lawyer 'confirmed received' without actual transaction is a fraud or not.

This post has been edited by icemanfx: Jul 27 2020, 09:17 AM
icemanfx
post Jul 27 2020, 09:25 AM

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QUOTE(mini orchard @ Jul 27 2020, 09:18 AM)
My lawyer say no wor ! That is not his business. He see documents only.

Signed means confirmed received !
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icemanfx
post Jul 27 2020, 10:26 AM

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QUOTE(mini orchard @ Jul 27 2020, 09:30 AM)
Need live video recording of cash changing hand ? Can be done also .

Infront of lawyers ? Can be done also !
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Bank in slip should be sufficient. those wanted to mark up loan are unlikely to have cash.

icemanfx
post Jul 27 2020, 10:46 AM

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QUOTE(mini orchard @ Jul 27 2020, 10:28 AM)
Seller bank in own money and pass slip to buyer and show lawyer ? Can aah ?
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In leasing, proof of deposit paid (i.e bank in slip) is required before loan disbursement.

it is a matter of time, housing loan will follow their leasing colleagues sop.

icemanfx
post Jul 27 2020, 11:23 AM

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QUOTE(mini orchard @ Jul 27 2020, 10:51 AM)
We talk marked up. Not leasing lah. Ada lain meh ? Seller still can bank in.

Why talk future ?
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Borrowers need to marked up are mostly subprime, a reason why npl on housing loan is rising.
icemanfx
post Jul 27 2020, 11:32 AM

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QUOTE(mini orchard @ Jul 27 2020, 11:25 AM)
Dont speculate. That is not the point for discussion.

Repeat .. default by borrower is lain cerita
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Marked up loan is fraudulent.

icemanfx
post Dec 8 2021, 02:24 AM

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QUOTE(mini orchard @ Dec 7 2021, 08:14 PM)
Is not about legality.

Is about whether the SnP price is acceptable to the banks.

What transpired between buyer seller is not a concern for the bank.
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It is a loan fraud by any name, is a criminal offence but rarely prosecuted in this country.


 

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