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Abhishek Mehra (Co Pilot)     23 June 2014

Credit card and personal loan default

Hello All,
 
I live in a Tier 1 city and I currently owe 2 banks a personal loan of 5 lacs each. I have currently lost my job and I have spent all my savings in paying off the EMI for last 3 months. I'm in midst of selling my owned house (residing) and will be pre closing the loans with the received capital gains amount on the house and would be using the balance amount to buy another house in Tier 2 city (moving to another city). 
I'm anticipating that my house will be sold in next 2-3 months, however I would not be in position to service the EMIs of my 2 personal loans and dues of my 3 credit cards.
My questions are
1. Does the bank have any authority to stop the sale of my house or Can the bank takeover my house for not paying 2-3 EMIs of personal loans?
2. Do banks give 2-3 months time to individuals to get their finances in order?
3. To whom specifically in the bank should I inform about this situation. Would informing a phone banker, collection agent suffice?
 
PS: I have never defaulted to any loan EMI or credit card payment in the last 8 years of my earning life. This is the first time my finances got derailed and I have all the intentions to meet my payment obligations, including the late payment and interest.
 
Thank You,
 
Regards,
Abhi


Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     23 June 2014

1. Does the bank have any authority to stop the sale of my house or Can the bank takeover my house for not paying 2-3 EMIs of personal loans?
 
Ans : is the house mortgaged.

Sudhir Kumar, Advocate (Advocate)     23 June 2014

2. Do banks give 2-3 months time to individuals to get their finances in order?
 
 
Ans Not a legal query.  Ask Bank.

Sudhir Kumar, Advocate (Advocate)     23 June 2014

3. To whom specifically in the bank should I inform about this situation. Would informing a phone banker, collection agent suffice?
 
 
Ans Not a legal query.  Ask Bank.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 June 2014

  • Flexible repayment - Option to choose between Dropline Overdraft Facility or EMI based loan. You can change the option now.

VIRAJ KADAM (Advocate Supreme Court of India)     23 June 2014

Dear friend

Whatever that you are doing I will advice you to consult a lawyer. Anyways, coming back to your query; if the house is not mortgage or put as security the bank cannot do anything. Personal loan and credit card loan is something you can settle.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com 


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