Чтение книги "The implementation of the economic cycle: freedom, trust, duty" (страница 25)
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Any activity is due to the basic principles, postulates, the implementation process of collateral is no exception.
Actions, measures and means adopted in the process of foreclosure:
– Based on a comprehensive, complete, objective and immediate possession of the situation, the circumstances of the loan;
– Prevent the destruction or decrease in value of collateral, an underestimation of the real value;
Interaction with other participants of the bank foreclosure process are constructed:
– On law (law of the Russian Federation), respect, respect for the moral and ethical standards, the economic benefits of the bank, the borrower and the mortgagor;
– At the operational objective and the return of debt loans.
Implementation of the foreclosure trustee mortgagor does not preclude him from participating in the implementation process.
The bank cannot be an agent of the pledger in the process of foreclosure.
Use of collateral in the process of implementation is possible only for the purpose of moving it, not leading to its loss, or loss in value.
Mortgaged property sold to any person who gave consent to collateral and pay for them money is not below cost (selling price).
Received from the sale of the collateral funds are fully received in repayment of the loan. Sale of collateral the bank does not deprive the rights and obligations of the borrower to return the remaining debt on the corresponding problem loans secured by collateral to its implementation.
Legal regulation provides for action in a particular area and number of persons universally rules of law that governs the actions of subjects, defined relationships, setting some boundaries within which the balance formed public relations.
A credit institution – a special business entity that has a resolution of the Central Bank to carry out banking operations in the present study examines the operation of credit. Providing the condition return free cash to individuals on a reimbursable basis, for a specified period. The purpose of obtaining money by a natural person – the acquisition of the vehicle. Provision of funds “on credit” includes repayment, interest payment and maturity.
The reason for the financial claims of credit institutions – failure of the borrower under the loan agreement with collateral. Collateral allows a credit institution to receive financial satisfaction from the proceeds from the sale of the collateral amount.
One segment of bank lending – the auto industry, banks form a large data registers the contracts for which the borrower received the money from the bank, and pledged to return them, but for various reasons have failed in their duty. The procedure for the enforcement of a pledge is made up of two main stages: the foreclosure of the mortgaged property and foreclosure sale.
In the implementation of public relations is applied mass of legal institutions, the most basic of them, to form a picture in the minds of the legal mechanism for calculating the borrower's their obligation to the bank by the alienation of the car, in fact, for the possession of which he entered into financial arrangements with the bank.
Institute of lending is remunerated, immediate, reflexive provision of material goods (money) the credit institution to the borrower.
Themselves the money that gets people to meet their present needs are the equivalent of a conditional created by society as a whole and each member of society in particular product. By implementing the distribution function, the money becomes a means of calculation and gets the owner of the goods, in an equivalent amount at the moment, and the person receiving it needs a vehicle. In this situation the mechanism is compensated exchange, the Institute of sale.
A credit institution that provided the borrower agrees funds with the timing of their return. The most common solution is to define the term borrower payments on schedule for a certain period of time. To implement the return of funds provided by a specific mechanism used by the calculations.
In case of violation of the established order of events, the correction of the picture of the future state of affairs, «out of schedule», the borrower, and the credit institution shall promptly notify him of this. Notification is made through the following communication: telephone, letter, personal contact. Legal model, which has a tripartite structure: a hypothesis, the disposition, the sanction is applied by increasing penalties. The fine is part of the amount payable. This way, the negative impact on the will of the borrower. He is a part of the agreement up for a credit institution its violation of the terms of the agreement.
Cash provided on the basis of three principles: the repayment, maturity, interest payment. Urgency is implemented in determining the period at the end, which will fully repay, refund the amount provided. Pay is currently designated a positive difference in the values provided by a sum of money compared to the present moment and the moment in the future, the percentage. The recoverability of compulsory compensation is realized in the amount of money provided by the repayments of the debt, or meet by taking amounts from the sale of goods of the debtor by exchanging them for cash held by other members of society and their distribution in the required amounts between credit institutions by the borrower.
Property – this is an absolute right, which tends to have many people wanting to own, use and disposal, known as the owner. The property is not only right but also the burden and the burden is doubly especially for those who have purchased this absolute right at the expense of other possibilities materialize, the person called a creditor, rather than by implementing their own accumulated capabilities. To enter into relations of property became the owner of the debtor, entered into onerous credit relations.
The system of planning and execution of plans motivation is a great incentive for an adequate analysis of the ratio of the accumulated potential and goals. Economic activity is the beginning of XXI century provided the Moment address many needs of the citizens, through consumer lending, a significant segment in which a credit buying a car. The conditions under which citizens are given the opportunity to become the owner of a vehicle:
– Varying the initial payment;
– Charge the car «guarantee»;
– Insurance against risks of loss of vehicle;
– Remuneration of the bank (percentage).
Citizens entered into loan agreements, they are open impress accounts, which are listed on the appropriate amount, the collateral is taken into account off-balance debit account 008, and on an agreed schedule to make payments and exploited his car, which PTAs deposited in the bank during a period before the bank debt under this credit agreement.
The destruction of the economic relations, breach of financial flows, altered material prosperity of many citizens, but the loan agreement, most still in effect, and if the bank has fulfilled its obligation to deliver cash citizen, citizens still have no obligations owed to the bank. Version of the resolution of the situation:
– The restructuring of debt (preparation of a schedule of payments);
– Realization of the collateral and repayment of debt from the proceeds.
Often, after a debt restructuring, debtors come to the conclusion about the inevitability of alienation need a car for the sake of possession which they entered the credit relationship with the bank. Bail in the current environment is the main way to enforce the obligations and clearing debt in the restructuring of debt.
What are the characteristics of the process, buying a car for a price, namely at a given price is reflected in the 008 account off-balance sheet accounting mortgaged property, but to service the car loses its value, therefore, at the time of exclusion is necessary to lay down their opinions about its actual price. To the lender (bank) value is important only when it is below the balance of the debt, but as shown by a case study, this situation is no exception and is found mainly in the Ural region. That is to implement a car for less than the balance of the debt to his estimate, it costs, in exceptional cases, the debtor shall evaluate its own expense, and usually banks accredit independent appraisers in the regions of its presence on a contractual basis and cooperate with them. If the debtor is self-evaluating (he is an appraiser and get an evaluation report), then the bank is suspected of trying to debtor “pledge to withdraw from” the car.
For various reasons, the financial interest of the bank fails. In fact, the collateral is sold at a price below cost, and if the proceeds do not break the remainder debt, the debtor remains the financial claim by the bank, which is satisfied by the courts. In the event of an audit by an accredited bank car by an independent appraiser, the evaluation report reflected two prices: the market and liquidation (market price is reduced by the application of certain factors).
Bank in order to minimize image, tax and other risks removed from the process by setting a mandatory work plans. Affiliate shall establish, as a rule, a kind of a limited liability company, the director appointed by him in the bank employee responsible for the order of work with claims from the debtors. In the state affiliate of the bank structure of the number of staff in direct contact with the debtors of the bank. As an alternative to possible outsourcing on a contractual basis co-operation «collectors» and created the structure. Confirmation of the legal rights of the bank and of the structure, or rather carried her activities is the availability of each employee's attorney to represent the interests of the bank.
In case the debtor to implement solutions car, he needed TITLE (vehicle registration document), which is in the bank, he makes a statement in which he asked the bank issues a title to the implementation of the vehicle and send the proceeds to repay debt owed to the bank. After evaluating the vehicle, the debtor endorse the evaluation report, reflecting their agreement or disagreement with the cost estimate of his car and makes a statement indicating the minimum price at which it agrees to be implemented in the car if he did not find a buyer.
In all regions of the bank, projecting developments, established relationships with persons providing services for storage of vehicles, it is often the same people who are engaged in trade and second-hand vehicles. They paid rent deposit of the collateral, the same way that a lot of important and that gave impetus to the development of this type of trading activity. Affiliated bank structure establishes relationships with these entities on a commission vehicle sales are in the bank “in the pledge”, and indirectly. In case of withdrawal of the vehicle to the debtor in order to implement it shall be deposited, as well as the contract is concluded the commission, on which the parties are the debtor and trading organization, reward trading organization is% of the market value established by an act of evaluation. If the car is rated at 100 TR, then we say 5% fee and trading organization in the bank, and accordingly on account of the debtor go 95 TR, although in reality the car could be sold for 150 TR.
Casus extreme situation is when the price of the car loan application is overestimated in the period of using a credit debtor commits two minor payment, then the evaluation of the collateral and the understated car sold («derived from the pledge») is actually for half price, the debtor is “out of the delay” in some time, but the rest of the debt still remains unpaid.
In implementing the car, making money from the sale of the bank account and providing documents on the result of the implementation, the vehicle is removed from the 008 account off-balance sheet accounting. In this case the bank is available, according to internal regulations, copy of Title evidencing the removal of the vehicle off the register in the bodies of the traffic police, Sale and Purchase Agreement (Help-score), the Treaty Commission's financial statement, if there were, it is also a power of attorney. Title Issued a debtor and report on progress made accompanied by memos, which shall be endorsed by all active players.
Thus, the credit institution actually promotes the sale of automobiles, the initial purchase of new car loans, and if the borrower's financial difficulties acquiring second-hand car, but given the scale of the bank formed a significant turnover of cars. As a result, formed a network of well-controlled trading organizations which, while not having their own capital, are at the disposal of vehicles, realizing that accumulate significant amounts, mostly in cash. If the car is a streaming implementation is not stable due to the influence of various market factors. The daily parking «mortgaging cars» brings a steady income and as a result of these payments is charged to borrowers. From the value of the mortgaged property is reimbursement for the content of the mortgagee things, as well as the costs of collection (article 337 CC RF).
The practical side of the issue. Due to the fact that the bank fears malice on the part of the debtor, many vehicles are taken in court, that is the legal office of the bank shall send to the court for debt collection, foreclosure of the car, and the imposition of a seizure. Therefore, until the vehicle under arrest to make it impossible to alienation and, therefore, it is stationary. Practice, the implementation vehicle by proxy, the owner is the debtor, a person makes to the account debtor receives a specified amount and power of attorney from the debtor, or in two stages. The debtor bank trust officer affiliated structures, and that accordingly the buyer. In this situation, the price at which the car was sold really is anyone's guess, the client receives the financial management of the bank document as proof of payment and the amount correlates with the reflection in the information-based RS-bank. Really amounts often differ, it is clear when receiving a report on progress made in the car, in which the amount of the sales contract and the financial instrument are diverse, in the explanatory memorandum officer explains that the car buyer insisted on specifying low prices to avoid tax risks. Also not in the interests of the bank and the debtor's situation in which the trading organization actually buys the car, but legally purchase and sale is not made. That is, having taken possession of the car, the evaluation report, the Commission issued the contract by paying according to a report assessing the «market» price of a car with a “discount”, receiving TCP trading organization «dress up» the car and is actively seeking a buyer for it at a great price, respectively. Thus is the «surplus value», which makes trading organization, could be used to pay the debt of the borrower, but for different reasons debtors excluded from this process.
The principles that guide the actors carrying out the collateral, a framework maneuvering and the fact that the engine is a mature relationship concentrated financial interest in favor of that meter, and the activity is undertaken. A detailed study of certain aspects of the process is often concentrated attention on the fact that there is no respect for the principle, but if you consider all the procedure in the complex, long-term philosophy, it certainly does not detract from the principle of legality of actions and adequate consideration of the economic interests of the parties.
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