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kishore kumar   01 January 2024

NPA of mortgage property

due to sudden financial crisis, EMI could not paid for 4 months and got a Notice under sardesai act 13(2) for a mortgage loan.
Q . can we write to waiver extra charges and penalty?
Q. can we request for restructuring of loan to reduce EMI for for easy monthly installment?
Q. will it be a good idea to pay all due amount ?
Q. what amount we can offer for OTS on a 8.5 Lakh loan amount?
Q . any other suggestions for relief in such case.
Thanks a lot respected forum members.


Learning

 5 Replies

Dr. J C Vashista (Advocate )     01 January 2024

It is advisable to get the loan account settled amicably where interest and penalty can be waived, deferred payment of the settled amount  / EMI can also be requested if you cannot deposit settled amount in one time, where financier shall be willing to accept such proposal. 

kishore kumar   01 January 2024

Thanks a lot Respected Sri Vashista Sir.

T. Kalaiselvan, Advocate (Advocate)     01 January 2024

There's no hard and fast rules obliging the lender to your proposal in this regard.

Since he has sent you a notice, it will be better that you visit the bank in person, express your difficulties and seek for waiver of interest or restructuring of loan or for OTS.

It is the discretion of the lender bank to accept or reject your application.

kishore kumar   02 January 2024

ok, thanks for your valuable advice sir.

T. Kalaiselvan, Advocate (Advocate)     02 January 2024

You are welcome for your appreciations. 


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