Weaning of housing takes place under his careful guidance. Even judges cannot (or do not want) to protect people.
The business scheme is based on three components: 1. the plight of the people, aggravated by their low financial literacy, 2. a gap in the legislation, 3. seizure of housing due to an artificially inflated debt.
Yekaterina Rotar, a young mother, a nurse in the "red zone" of a covid hospital from the village of Tomilino, Moscow Region, has been fighting a resourceful businessman for the fourth year already, and in the courts too. 2018 year. After the divorce from her husband and the end of maternity leave, she has two babies in her arms, and behind her soul is a mortgaged apartment and a debt of 1.5 million.
The woman is looking for a way out and stumbles upon an ad for "Profitable House" (LLC "Profitable House", MPO "Profitable House", LLC "Registration Center" - branches of one "holding").
People come to these agencies, as a rule, in a stressful state - they already have huge uncovered debts, they still need money for some things, and all banks have already refused to approve a new loan. The office promises to pay off all their debts and find a new bank for on-lending.
After the agency actually completely closes the bad loans, clients fall into the main trap.
Then the company representatives say that, unfortunately, it was not possible to find a new bank because of a bad credit history. But ... ta-daam, there is a magical way out: we will give you a loan ourselves. But instead of a loan agreement, they are brought to sign a mortgage agreement with an individual.
- In the Russian legislation there is the only basis on which the withdrawal from the owner of the only home is allowed - this is a mortgage agreement. If the agreement contains the word mortgage and you violate this agreement, you will say goodbye to this housing. In normal credit institutions, banks, as we know, they simply won't give a mortgage to anyone. The client must fight for a long time and prove his solvency - the ability to service this loan in the long term. And then, if a person cannot cope with a mortgage in a difficult life period for himself, the bank offers options - debt restructuring, deferred payment, tries to somehow meet the client, putting the apartment up for auction is an extreme measure for the bank. What are the physics entrepreneurs doing on mortgage? A recent case - a mortgage agreement was concluded with a retired grandmother, whose pension is 8 thousand rubles, and the monthly mortgage payment is 80 thousand rubles. And everyone understands that such a thing would never work in a bank, because this is not lending to the population, but a purely scheme for taking away housing from socially unprotected strata”, - says Yulia Guseynova, lawyer of the Russian Bar Association “For Human Rights”.
A purely psychological manipulation is triggered - a multi-move. Initially, the provided wow service - the complete repayment of old debts - seems to oblige, and clients, without delving into the consequences, sign an essentially onerous contract for themselves.
At this stage of the "business relationship", few clients notice that:
- the annual rate under the contract is a monstrous 39-40%;
- in case of violation of obligations to return, the lender wants a forfeit and two types of penalties - for the principal amount of the debt and for the amount of overdue interest, while the debtor pays the creditor 1% of the amount of the overdue loan DAILY;
- the cost of the apartment prescribed in the pledge agreement is significantly underestimated and does not correspond to the market;
- the word "mortgage" flaunts in the contracts.
Later in court, Yekaterina Rotar, demanding to recognize the loan and mortgage agreement as invalid, testified that the transaction was carried out on extremely unfavorable conditions for her - in the event of non-repayment of the loan amount, she lost her only home, in her normal state she would never agree to this, another the same party took advantage of a combination of difficult circumstances (the legal definition of an onerous deal).
“During the signing of the contracts, there was pressure, I was under the influence of delusion. I wanted to get a loan from the bank, assistance in which was promised by the Sterenlicht's office, but I signed a loan and mortgage agreement with an individual".
However, the court did not take the side of Yekaterina, not recognizing a divorce, being dependent on two young children, a difficult financial situation due to extreme circumstances.
“The causal connection between the coincidence of difficult circumstances at Rotar Ye. M. and the execution by the plaintiff of the transaction on extremely unfavorable conditions for her has not been proven”, - the Cheremushkinsky District Court ruled.
"The contract is initially drawn up so that the person could not pay. The worst thing begins after the expiration of the contract - a person cannot return the amount encumbered by the accumulated excess interest, penalties, penalties, and from this moment the business of the conditional Sterenlicht and others like him begins. An apartment with an undervalued value under a pledge agreement is withdrawn to pay off an inflated debt. It's also good if you cover for a long time by selling your apartment, otherwise it often happens that the client still has to stay”, - Guseynova comments. - The whole mechanism is initially aimed at the fact that the lender is not interested in the return of funds, but in obtaining real estate. One client of "Profitable House" tried with all his might to repay the debt, but the businessman avoided receiving the money. Then the man formalized the transfer through a notary, but this did not help either.
In October 2018, in the Moscow City Court, the plaintiff Dmitry Vadimovich Shterenlikht asked to recover from the defendant Yelena Yevgeniyevna Brindarova a debt in the amount of 9,518,684 rubles, of which the principal amount was only 5,136,108 rubles, and the rest was interest and penalties that came over the YEAR. The plaintiff demanded to pay the debt exclusively in kind: a pledged Moscow apartment of 74.5 sq.m. in Otradnoye. The cost of the apartment, determined by the pledge agreement - at 8 million rubles, the judicial board, however, found it underestimated, at least by 2 million rubles. But I still allowed to start up from the auction.
Yekaterina Rotar was more fortunate. Relatives, who learned about the loan, quickly raised the required amount before the contract expired. The girl closed the debt in two months. She is holding in her hands a receipt signed by Sterenlicht on the acceptance of the sum of money on account of the loan agreement.
As Yekaterina says, she never saw Mr. Shterenlicht himself; the company's employees always acted on his behalf. To pay off the debt, she came to the office with a friend and handed the money in cash to the teller. A few minutes later she was given a receipt - on the sheet there was a text and a "live" blue signature and transcript of Dmitry Vadimovich Shterenlicht with all the personal data specified as expected: passport details, registration address, etc. (a copy of the receipt is at the disposal of the editors).
Very soon, however, the courts began with counterclaims. Sterenlicht demanded the return of the debt and the collection of the apartment, and Rotar declared the transaction invalid. At the same time, the resourceful "entrepreneur-homeowner" insisted that the receipt was fictitious. At first, he said that the printed text allegedly appeared on blank sheets previously signed by him, then that the signatures on them were not his, but someone had forged them. Two examinations appointed at the request of Sterenlicht himself refuted these allegations.
Forensic expert, criminalist Maksim Korotkevich, who spent 2.5 months sprinkling in laboratories over ink and paper in Sterenlicht's receipt, showed that: 1. The date stamped on the document corresponds to the age of the document, 2. The test of the receipt was not printed on the page with the signature and transcript D .V. Sterenlicht, 3. Sterenlicht's signature and decoding were not unnatural.
Another forensic expert, handwriting expert Olga Korochina, also as a result of a detailed examination, comparing dozens of samples of Shterenlicht's handwriting and signatures, came to the conclusion: "The signature, as well as the surname and initials in the receipt dated May 10, 2018, were made by Dmitry Vadimovich Shterenlicht".
Nevertheless, for a long time the courts did not take into account the receipt of the debt repayment personally signed by the businessman.
Catherine was saved from Shterenlicht, one might say, by a miracle. The Moscow Arbitration Court managed to declare her bankrupt before they managed to leave her and her two children without an apartment.
The rest of Sterenlicht's debtors were less fortunate.
In the Cheryomushkinsky District Court of Moscow, there are now at least 61 similar proceedings on the collection of amounts under a loan agreement, a loan agreement in favor of businessman Shterenlicht.
"It is impossible to say that one of the debtors wins them. The judicial community and Rosreestr are not at all embarrassed by the fact that within the walls of one particular Moscow court, a particular businessman has actually organized a conveyor belt for himself, with the help of which he deprives people from unprotected strata of housing, often their only housing. Obviously overstated amounts of interest, onerous conditions, clearly disproportionate to violations of obligations, the resulting consequences in the form of confiscation of apartments remain in last place for judges. And the logic is this: if you borrow money privately, then you agree on everything yourself, the main thing is that people themselves agreed to everything and subscribed to everything. The process is based only on the plaintiff's calculations".
In "Support of Russia" Dmitry Vadimovich Shterenlicht was quickly renounced.
“Sterenlicht joined the organization in 2017. During his time in the organization, he did not conduct any social activities, did not make any initiatives or requests on behalf of the organization. Stopped paying for membership in the organization since 2018. Expelled from the organization in 2020, for non-payment of membership fees", - commented on the situation the head of the press service of the All-Russian public organization of small and medium-sized enterprises "OPORA RUSSIA" Alexey Soloviyov. There are no more contacts with him, he adds.
Sterenlicht himself, however, as of 02.11.2021, continues to appear, at least on the official website of the organization, as a member of the Council of the Committee on Real Estate and Land Legal Relations.
Novye Izvestia failed to find Sterenlicht himself, as did most of his clients. Knowledgeable people, however, all those wishing to get acquainted with his "entrepreneurial initiatives" refer to the page on Instagram.
"MPO" Profitable House "is an investment company. We guarantee stability, corporate interest payments!", - it says in the profile header.
“A non-standard approach to standard questions will make you look differently at the country's financial sector. We guarantee several hours of brain ecstasy, accompanied by strong coffee and soft alcohol. You will receive advice from our experts, meet interesting people and find an honest financial partner, ”reads the last blog post.
So the company invites people to take part in the "business party", where it is also planned to discuss such topics as "disadvantages of the banking system" and "real estate".
Visually, the values of the "Profitable House" look like this (photo).