Citizens taking mortgage loans from MFIs often lose their last home
20 years of the 21st century ... And it seems criminal - demonic times of the dashing 90s have sunk into oblivion. New thoughts, federal assemblies, new laws, police (not police), a new investigative committee. Almost legal state. But ... almost. And on this “almost new” as if from those years suddenly appeared new criminal demons - APARTMENTS. And most importantly - very organized. These are microfinance organizations (MCOs) with Jesuit methods of processing the consciousness of simple, usually poor people.
... In the summer of 2017, a bloody drama broke out in Balashikha, a man stabbed his mother to four children. This happened when a woman came with bailiffs to evict him from the apartment by court order. A 37-year-old mother with many children with disabilities received the right to his living space by a court decision. The bailiffs called the apartment of the fifty-year-old owner. He did not open the door. They left to call the police. The woman remained in the stairwell. At that moment, the man opened the door and stabbed the woman with mortal blows. Then he again barricaded himself in the apartment. The man was later detained by the police.
As it turned out, a disabled woman worked for scammers from International Credit Bureau LLC (ICD). And before that, about 20 apartments, rooms and shares of residential real estate in different areas of Moscow and Moscow Region had already been issued for it.
Her killer was at that time in a state of passion. He was driven to extreme despair. For two years he always proved that he was deceived, wrote to law enforcement agencies: the Ministry of Internal Affairs, the prosecutor's office, the investigative committee, the president, the prime minister ... No one heard.
In this bloody drama, children were the first to suffer. And in many cases, from the methods and apartment demons from the ICD, many children became homeless with their parents, who, in turn, also became homeless by the decision of the courts.
The experience of communication with the figures of MKB LLC of Khimki resident Anna Akhrameeva turned out to be extremely sad. Her family was treated in full. Minor children 4, 13 and 15 years of age were not taken into account. First, a loan secured by the apartment and with the consent of Anna took the spouse.
“But,” the woman explains, “I agreed only to sign the first contract.” Everything was singular there: “agreement”, not “agreements”. Literally. And the company took advantage of this consent and concluded a second loan agreement and a mortgage agreement with her husband.
Further more: manipulations with powers of attorney, imposed on-lending, registration of a mortgage agreement with the Rosreestr, well, sleight of hand, of course. For example, the borrower was brought for signature a loan vacation agreement, and for some reason the signed agreement was for the compensation. Or consent, from which it followed that Anna gave the apartment approval for any action, at any time, under any circumstances. A person in their right mind is unlikely to subscribe to this, and this was not required, would have had a notary public, and the signatures of the victims appeared on the documents just not by themselves. Already during the trial, a proposal appeared to conduct an expensive handwriting examination. Moreover, at the expense of the injured, that is, a person who was already a desperate debtor. Anna was even forced to rent her own apartment with the new owner for money. There was simply nowhere to move with three children. And as a result - a court decision on eviction. Guardianship authorities were present at the meeting, but they objected to the eviction of children purely formally ...
... There was no chance of challenging the judgment from the very beginning.
In February, at a working meeting of representatives of groups affected by unscrupulous creditors in Moscow and the region with the participation of representatives of the public organizations Strong Russia and Officers of Russia, depressing figures and facts. In the capital and the region, 363 people suffered (lost their only housing!) From creditlessness; To date, 89 people are recognized as victims. The terms of pre-investigative checks until the first criminal case is initiated lasts from several months to five years. Of the ten criminal cases, only three received a logical indictment. The charge was brought against only 14 persons under Part 4 of Art. 159 (fraud) of the Criminal Code. Although the number of fraudsters reported by the victims is three times more. Only 16 people were recognized as victims ... Someone returned the apartment. All other victims were left without housing and most of them were already evicted along with their families.
Housing issue Larisa Guseva
In mid-February, before the next meeting of the Tver court on the lawsuit of Larisa Guseva to LLC International Credit Bureau under Art. Art. 168 and 179 of the Civil Code of the Russian Federation (Invalidity of the transaction), several times personally tried to get through on four phones of this ICD. Deaf No answer, no greetings.
And already directly in the court corridor I asked the representative of the defendant Olga Yasinskaya: why the phones are silent. The answer was simple: the ICD stopped issuing loans. Why? I did not receive an answer to this question. When asked whether it was possible to contact anyone at all from the management of the bureau, she replied that she did not have telephones.
“In 2011, MKB LLC entered the register of MFIs, and in 2016 left it. This "Latvian team" came to us against the backdrop of the advent of the law on microfinance activities. They were registered as entrepreneurs, but this is a screen, ”said Sergey Lobanov, commissioner of the Public Committee for Protection from Apartment Raiding, “ In fact, this is a well-established fraudulent scheme. Their actions in all respects fall under Art. 159 h. 4 of the Criminal Code (Fraud). Only the ICD, unlike the same Energia, MSC-groups, and Moscow Mortgage Company, works cleaner. More sophisticated. And all because the scheme of squeezing apartments MKB built a very intricate and multi-way. They are legally savvy, insured from all sides and are well acquainted with the psychology of the borrower. ”
"Housing issue" Muscovite Larisa Guseva typical. She fell into the same system: she was very cleverly entered into the fraudulent scheme “loan - mortgage of real estate - courts” worked out over the years. In August 2013, she entered into a loan agreement with International Credit Bureau LLC in the amount of 3 million rubles for 36 months at 24% per annum. And in March 2014, MKB LLC sent a statement of claim to the Arbitration Court of the Association of Russian Banks to recover the same 3 million rubles, but ... in dollar terms ($ 93,808, 63 US cents).
On June 17, 2015, the judge of the Arbitration Court A. Ya. Kurbatov made a decision, which served as the basis for filing the next statement of claim of MKB LLC to the Perovsky District Court of Moscow to Larisa Guseva. But ... already about collecting from her under a loan agreement 8 million 50 thousand rubles (!). The judge ruled in favor of MKB LLC, which entered into force in April 2016.
And a month later (how quickly!) All in the same Perovsky court in the name of Judge N. L. Stepanov received a statement of claim for foreclosure on the mortgaged property from the auction. And in December 2016, by the decision of the Perovsky court, the three-room apartment of Larisa Guseva was put up for sale at public auction with an initial price of 8 million 50 thousand rubles.
It was not possible for Larisa Lvovna to deal with the court even with the help of serious lawyers and lawyers from MKB LLC. No legal arguments, arguments, facts of fictitious documents and fake signatures were passed or accepted in court. And then having passed what’s called head-to-head, Larisa Guseva made an appointment with the Presidential Administration. There, her apartment question, as they say, was taken under control. By the way, by that time the critical mass of such apartment scams had reached the limit. Direct criminal showdowns, and even victims, have already appeared. Perhaps it was also influenced by the fact that (finally!) Last year amendments to the legislation on the work of MFIs were adopted. With great difficulty, Larisa Lvovna obtained a personal reception from the head of the Main Investigation Department of the Main Directorate of the Ministry of Internal Affairs in Moscow, N. I. Agafieva. At present, the case of her “housing problem” is under consideration by the Investigation Department. Enforcement proceedings for the sale of her apartment at auction are suspended.
On April 10, the next meeting of the Tver court was to be held on the suit of Larisa Guseva against MKB LLC. For pandemic reasons known to all, the trial did not take place.
An amazing and inexplicable matter: Moscow, almost all of Russia, and even neighboring Latvia are aware of the apartment (unclean!) Activities of the leaders of MKB LLC. Many times the names of Anspoks, Sidorenko, Orlov, Nikolaychuk, Dubina, Guselnikov, Malikovs, Dobrzhanskins, Volodkov and others like them appeared on various sites and portals, in print and electronic media, even on federal state TV channels. So what? NOTHING. The same Larisa Guseva received an official response three years ago, signed by the lieutenant colonel of the Investigative Directorate in Moscow on the refusal to initiate criminal proceedings in connection with “unidentified persons” . Until now, representatives, attorneys and lawyers of the formally non-existent LLC MKB go to the courts, where they defend the interests of the organization, WHICH IS NOT! Well, isn’t it demonic?
And what about the GSU?
More recently, on her Facebook page, lawyer Elena Kalinicheva, (she recently became the head of the working group on protecting the rights of citizens affected by dishonest creditors in the State Duma) posted interesting information.
“... In order to initiate a criminal case on apartment fraud in Moscow, the victim has to run for years at all law enforcement agencies, to seek personal techniques from the investigation leadership. For example, to visit the prime minister at the head of the Main Directorate of the Ministry of Internal Affairs in Moscow, the victims are on duty at night to get on the lucky list. But even having a personal appointment with the leadership of the State Civil Service, there are not so many chances to initiate a criminal case, and even more so, an objective and full-fledged investigation.
The criminal cases that were initiated and which are currently being investigated by the State Civil Service are the merit of the victims themselves, who did not give up their hands, joined in groups, and gathered evidence in order to convince the investigation that it was not a civil law relationship at all, but systemic fraud. And they were born by organized crime groups.
... In a criminal case involving MKB LLC, which was instituted with great difficulty in March last year, only two people are now recognized as victims. And the deceived applicants are 40 (!) People. The remaining investigators of the State Civil Service do not recognize the rest as victims, still providing fraudsters with time and opportunity to evict the victims from apartments.
The victims connect the investigative red tape with a possible corruption interest in the leadership of the State Civil Service. There is no doubt that the criminal business of apartment fraud has huge profits; therefore, the victims, of course, have the right to assume that these cases are the most "bread" for the investigation. They haven’t caught anyone by the hand yet, but the fact remains: all the cases at the Main Investigation Directorate for apartment fraud are cloudy, the accused are at large. ”
Instead of an afterword
In March this year, an appeal was submitted to the Supreme Court of the Russian Federation by representatives and coordinators of groups of citizens affected by unscrupulous lenders outlining all the problems that people face when taking loans (credits) against real estate in MFIs and in other similar offices that are questionable credit organizations, and lost their homes.
The Supreme Court of the Russian Federation planned for the first half of 2020 to start preparing a draft resolution of the Plenum of the RF Armed Forces "On some issues of the application of the legislation on bail."
Will a miracle happen? Or will the Supreme Court interfere, for example, with a coronavirus pandemic, quarantine, self-isolation?
P. S. When this material was being prepared for publication, good news appeared. In the Main Investigative Directorate in Moscow, seven more people were recognized as victims of the previously criminal cases of MKB LLC.
Is the ice breaking?