Frequently Asked Questions
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Yes. Properties are either under physical possession, i.e. with lock and key of the bank or under symbolic possession, which is legal possession.
Yes.
Banks auction these properties either under SARFAESI or under IBC. Both these laws are two of the most conclusive ones in India and provide the banks with full authority to sell these assets for recovering their dues. The laws specifically provide that civil courts to not have any jurisdiction over properties sold under SARFAESI and IBC.
Actually banks or institutions selling are the exploited party here. Their money is stuck with borrowers and is affecting their financial health.
Borrowers of secured loans mortgage their property with banks. When the borrower does not pay their dues even after providing multiple options to repay and restructure, banks put up these assets for auctions.
All they need is payment from a bank account and register at full sale price. There could be increased stamp duty so this is factored. Also, Banks don’t spend on sales and marketing, which they pass on to the buyer.
To recover money that loan defaulters failed to repay. Banks do not have the intent to selling property for making profits out of it.