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Bank trying to take possession of home loan property
15-Dec-2024 (In Recovery Law)
Me and my wife have jointly owned property on which Home Loan EMIs are paid by me. Me and my wife are going to through separation and staying seperate.
My wife has defaulted on her credit card and not paid her dues since last year.
Bank is using Sarfaesi Act and issuing notice to vacant the home loan property within 15 days despite there are no defaults on Home Loan EMIs.
Bank is insisting me to pay the entire Home loan outstanding along with my wife's credit card dues upfront.
you will have to regularise the loan account or pay the recalled loan amount. bank has nothing to do with personal issues of husband and wife. one of you will have to pay it. you can subsequently file suit against the wife in court seeking declaration that the in view of the percentage of amount of paid by you you be declared as title holder
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Adv. Devendra Singh
Mumbai | 25+ Answers
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Well, I can defend you against such such SRFAESI Notice which you have received. We can file a case in DRT to challenge the issuance of Notice which you have received under Sec 14 of the SRFAESI Act. Bank needs to approach your Wife for recovering her Credit Card Dues.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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