Posts Tagged ‘what you can do if you fail to repay your home loan’

what you can do if you fail to repay your home loan

A WAY OUT
Here’s all you need to know about what you can do if you fail to repay your home loan

First-time home-buyers need a lot of effort to arrange funds to buy a house. Therefore, a home loan is seen as a great enabler to invest in your first home. However, under certain circumstances, if the borrower fails to pay the loan EMI on time, then it leads to financial distress.

So what happens if a home loan borrower fails to pay their EMI on time? What are the repercussion and recuse options in such situations?

FAILURE TO PAY HOME LOAN EMI

Lenders classify a home loan as a Non-performing asset (NPA) if the borrower fails to pay his home loan EMIs for 90 consecutive days. Once it is classified as a NPA, the lender will issue a 60-day legal notice to the borrower asking him to pay his dues. If the borrower still fails to honour his commitment during this period, the lender will issue a 30-day public notice notifying the auction of the property and its valuation as assessed by the lender. Therefore, the borrower gets at least five months after his first EMI default before his lender takes possession of the property and auctions it.

NAVEEN KUKREJA,

CEO AND CO-FOUNDER, PAISABAZAAR

WHAT CAN A BORROWER DO TO OVERCOME DEBT DISTRESS?
Options available to home loan borrowers under debt distress are:

NEGOTIATE WITH THE LENDERS AND RESOLVE THE PROBLEM;

BORROWERS CAN EXPLAIN THE REASON FOR NOT PAYING THEIR LOAN ON TIME WITH VALID REASONS SUCH AS AN ACCIDENT, FINANCIAL CRISIS OR LOSS OF JOB;

THE BORROWER CAN ASK THE LENDER TO REFINANCE THE HOME LOAN;

LIQUIDATE EXISTING SAVINGS AND INVESTMENTS TO REPAY OUTSTANDING EMIs;

BORROWERS THEMSELVES CAN SELL THEIR PROPERTY AND PAY BACK THE AMOUNT INSTEAD OF BANKS TAKING OVER IT AND SELLING;

THE BORROWER MUST TAKE HIS LENDER IN CONFIDENCE IF HE PLANS TO SELL THE PROPERTY HIMSELF.

ACTION BY BANKS
According to experts, banks usually prefer to consider all feasible alternatives before seizing the property and auctioning it off. So if the borrower is unable to service his EMIs repayments due to temporary reasons such as job loss, a medical emergency or loss of income due to an accident, he should convince his lender with relevant documents regarding the temporary nature of his problems during the notice period itself. If convinced, the lender may restructure his loan rates and other terms and conditions to lessen his burden.

“To recover a home loan, lenders sell or seize the assets or mortgaged property of the borrower. This is an authority given to lenders under the SARFAESI Act (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act) to protect their interests. Banks usually do not resort to selling the property immediately and try resolving the case by understanding the reason behind non-payment of EMI and further ease the process of repayment. Property is sold by the bank only in certain extreme cases.”

ANUJ PURI,

CHAIRMAN, ANAROCK PROPERTY CONSULTANTS

HOW MUCH TIME DOES THE BORROWER GET BEFORE THE BANK AUCTION?
Experts point out that proceedings by a bank in taking the property of the borrower into their possession and disposing off it are undertaken under the guiding factors of SARFAESI Act. Proceedings also begin when the account of the borrower is considered as a NPA (i.e. when the EMI is not paid by the borrower). In this case, lenders issue a 60-day notice to the borrower. This notice is usually a reminder to the defaulter stating the issue of not paying EMI for three months consecutively.

In case the defaulter is non-responsive even during the notice period, the bank goes ahead with the sale of the mortgaged property of the borrower. During this period, the borrower can resolve the issue or raise an objection to the notice.

HAVE YOU DOWNLOADED THE TIMES PROPERTY APP YET?

Since Times Property has always been a pioneer in using the latest technology, in the advertising realm too, we have taken a major step to ensure a reader-friendly experience.

Download the Times Property App and take a visual tour of the projects by:

HIRANANDANI CONSTRUCTIONS

This ad in the current edition is embedded with the AR feature.

This application will support both, the Android as well as IOS system.

For downloading the app:
STEP 1 Go to the app store and search for Times Property App;

STEP 2 Download the app and install it;

STEP 3 On the app, swipe down to initiate camera for the AR experience. Scan the ad or the logo (called the marker) to initiate augmentation (which can be a video or walkthrough). Markers are visual cues, which trigger the display of the virtual information.

 

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