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Mortgaging gold to a financial institution.
01-May-2023 (In Recovery Law)
I had mortgaged my gold of 80 gms and took a loan of 1.6 lakhs. I paid some interest for about 6 months, but could not pay now for around 1 year. I received a call several times and I told them to auction the gold. I received a third notice from them telling me to pay interest otherwise they will auction the gold and recover any remaining money after 7 days. Still after 6 months more, I get call from them to pay the interest. I stated clearly to them to auction the gold and recover their money. Now I want to known what else they can do and what I can do. I do not want my gold since I do not have money to pay back principal and interest.
If your gold is already auctioned try to find out at what rate it was auctioned and when the auction was conducted. Find out the realized money after auction minus the principal amount + interest due from your side. If there is any leftover money subsequent to auction after deducting the principal amount + interest, demand from them that the money recovered from auction over and above the money due from you, is to be paid to you.
On the other hand if there is any shortfall in the proceeds of auction money to set off the loan and if they are pestering you to pay interest take the stand and inform them that gold was pledged for a lower amount than the market rate and the matter should end there, if it does not end, issue a legal notice through a lawyer stating that since you were unable to service the interest and had informed them time and again about your inability and had requested them to auction the gold. However a look at agreement you would have entered with them at the time of pledging gold has to be seen before coming to conclusion.
On the other hand if there is any shortfall in the proceeds of auction money to set off the loan and if they are pestering you to pay interest take the stand and inform them that gold was pledged for a lower amount than the market rate and the matter should end there, if it does not end, issue a legal notice through a lawyer stating that since you were unable to service the interest and had informed them time and again about your inability and had requested them to auction the gold. However a look at agreement you would have entered with them at the time of pledging gold has to be seen before coming to conclusion.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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