Loan against mortgage of trust property

Nilesh Shah (Querist) 16 April 2009 This query is : Resolved
Dear Sir,

I m credit manager in bank. If bank is funding against of property in name of Trust on which Educational Institution is runing whether bank will be able to repossess easily the said property in case of default by Trust/Society?
If No, what can be remedies bank can take at time of finance?

What are reasons (Is there any Law barring to do so??) under which law?

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Jaswant Singh (Expert) 18 April 2009
There is no bar in creation of EM, in case the mortgagor has clear marketable non-encumbrances titled.

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