Old Codger said:
How do they fake a default?
Ex 1. You have a property worth $1m. You borrow $600,000 and have a $400,000 deposit. Your business is making good profits.
step 1 - bank tells their bank valuer to redo the valuation of the property down by half price down to $500,000. If he refuses he will be removed from the banks "preferred supplier" list and lose business
step 2. this lower valuation triggers an "LVR default". This allows the bank to charge 18% and skim your cash profits to the bank.
Step 3. send in the receivers to "assist in supporting the business"
Step 4. receivers charge the customer $500,000. Because you cant pay, the receivers sell you up cheap (usually to a friend of the bank or receiver) as they know ASIC has never prosecuted anyone for breaching section 420A of the Corporations Act (selling at fair market value)
Step 5. after the sale, revalue the property back to its original value and claim there was a quick drop in the market. The bank/receivers have successfully taken your cash flow and deposit.
Here's a real life example from last years senate inquiry. watch the banks receivers body language
http://www.youtube.com/watch?v=9fC8vfm-0Sg
Ex 2. Commercials loans have an anniversary date.
step 1. Bank tells the customer "Your anniversary date is coming up but don't worry we will send you documentation to extend your loan"
step 2. customer waits for documents that never arrive.
step 3. customer asks bank "where are those document"
step 4. banks says "its in the mail"
step 5. customer will waiting for documents. 2 days before anniversary date bank says "we've changed our minds we want all our money back tomorrow otherwise you are in default"
step 6. Bank uses this "induced anniversary date default" to charge 18%, send in receivers etc.
Ex 3.
Step 1. increase customers interest rate.
Step 2. If he continues to pay his mortgage on time repeat Step 1
Step 3. If the customer tries to sell up or move to another bank, don't let him e.g. place arbitrary restrictions on his loan, let potential buyers know of pending receivership
Step 4. Once the interest rate is sufficiently high enough to cripple the customers cash flow send in the receivers.
real life example. bank said they will make the loan so difficult "that we couldn't make the payments"
http://www.youtube.com/watch?v=iLa9NbDrhiw
The final step for all of these is:
If the customer goes to the media/ASIC issue a press release saying that the customer "defaulted" knowing most Australians will automatically think the customer missed mortgage payments and have little sympathy for him.
If the customer claims he wasn't in financial difficulty and these alleged "defaults" were actually "bank induced technical defaults" issue another press statement claiming that the customer is a "conspiracy theorist" (4th July 2013 CBA letter to senate committee).
There are lots of other ways of "inducing default". They are illegal but CBA knows ASIC wont prosecute them. That's why a few months ago there was a senate inquiry announced to look into why ASIC aren't prosecuting.