June 8, 2024

Foreclosure in India refers to the legal process by which a lender, usually a bank or financial institution, seeks to recover the balance of a loan from a borrower who has defaulted on their mortgage payments by forcing the sale of the asset used as collateral for the loan, typically real estate. This process is governed by the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. The Act allows lenders to seize and auction the collateral without court intervention, streamlining the recovery process. Foreclosure proceedings are initiated after the borrower fails to make payments for a specified period, and the lender issues a notice of default. If the borrower does not remedy the default, the lender can take possession of the property and sell it to recover the outstanding loan amount. The SARFAESI Act also provides mechanisms for the borrower to contest the foreclosure in certain circumstances, ensuring a measure of protection against arbitrary action by lenders. Foreclosure serves as a critical tool for financial institutions to manage non-performing assets and maintain financial stability.


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