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How to obtain stay on houses defaulted on EMIs.


29-Mar-2023 (In Banking / Finance Law)
A person defaulted on his housing loan for a few months(The house is owned by his wife). The house is vacated by them and kept locked. He defaulted housing loan on another housing property owned by himself. This house was leased and a tenant stays there. Meanwhile, he had to close down his business due to mounting losses, and filed bankruptcy. The Finance Company, from where they took loan clubbed both properties and initiated proceedings, by serving auction notice. What are the possibilities of obtaining stay for both houses and the expenses involved? In the case of the 2nd house, the owner is not in a position to return the lease amount to the tenant due to his vulnerable financial position. Property location is Tamil Nadu and they are Hindus.
Answers (1)

Answer #1
883 votes
If there is any threat to the tenant to evict from the property then the tenant can appose the auction sale proceedings by filing party appeal before the Drt. If the property not mortgaged with bank it cannot be clubbed the other properties in the auction sale notice. If at all, after auctioned the mortgaged property, the outstanding amount remains payable then the bank can seek the recovery certificate by approaching the Debt recovery Tribunal. So moto they cannot the clubbed the other properties.

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