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bhaskara (manager)     24 May 2014

Rights of mortgage property

Hi, I have lent a loan against property. The property has been registered mortgaged at registrar office. My client has other personal loans from different people by submitting promissory notes and cheques. Now my client is absconded and preparing for the IP/Bankrupt.  Now I am planning to slap notice to my client.

My question here is Does court have right to attach mortgaged property, before settle my dues?



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 4 Replies

malipeddi jaggarao (retired banker)     24 May 2014

You are secured creditor.  Do not wait till IP is filed by the debtor.  Take action immediately for realisation of your debt.  

A secured creditor is generally entitled to enforce its security irrespective of the 

insolvency or bankruptcy of the mortgagor. The mortgage is entirely independent of 

the individual’s bankruptcy or a company’s winding up proceedings. There are 

however, practical consequences for the mortgagee in event of the insolvency of the 

mortgagor.

Once a bankruptcy petition (a request by a creditor or the debtor himself to court for a 

bankruptcy order) is pending, the court can stop or “stay” any legal claim or 

enforcement of an existing court order, against the person or property of the debtor. 

The courts may suspend proceedings or allow them only to continue on such terms 

as they specify. 

bhaskara (manager)     24 May 2014

Thank you sir for the valid information.

Can I send notice directly or need to send through lawyer ? Is there any specific format?
 

malipeddi jaggarao (retired banker)     25 May 2014

Better send the recall notice through advocate as you are suspecting that the debtor may file IP.

bhaskara (manager)     27 May 2014

Can we send recall notice before the agreement period. Mortgage period is 2 years,which would be ended by Jan 2015.?

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