When a loan account or borrower slips into the NPA, he faces multiple issues from the banks, like financial restrictions, immediate demand for the total loan outstanding, and a legal process to recover the loan from the borrower. All this makes the borrower unable to run the business properly and puts pressure on him to confront the bank financially and legally.
A bank is a legal body with extensive legal support from the government to ease loan recovery. Banks are equipped with the SARFAESI Act, which enables them to sell or auction the borrower’s properties/assets in the event of default to recover their loan without any intervention from the courts. The following are the consequences that can be faced after the NPA.
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Financial Restrictions
- Difficulty in day-to-day operations of accounts as the bank starts adjusting the money deposited in accounts towards their charges and interest. And above that limit, & other facilities will be suspended.
- Problems in maintaining accounts with other banks. As the bank starts to interfere with your other bank operations.
- The borrower will face problems getting loans from other banks & NBFCs as per policy restrictions. NPA clients are not eligible for loans & other such facilities
- The bank starts legal procedures for the recovery of its loan. So the attitude toward clients becomes arrogant & authoritative and legal procedure distracts focus from business to fight legal situations.
- At some later stage, the bank tries to take possession of collateral and properties. If your business properties are involved, then the client’s business and unit are completely at risk of shutting down.
- Properties engaged in the loan will lose their market reputation as bank proceedings put up a notice on the property and the auction process greatly affects this. This results in lower market value of properties.
- Lastly, as no other bank or NBFC is willing to give finance to an NPA Loan borrower, it is now difficult to take a loan from the market and repay the NPA account for the borrower.
Legal Actions
Following are the Notice issued by the Bank to the Borrower to recover their loans.
- Loan Recall Notice: This is a total loan recall notice issued by the bank after the declaration of the account as an NPA account. This notice says to deposit the entire amount of the loan in a particular given time. This is the alarming stage for borrowers.
- Notice 13(2): This notice is issued by the bank after above said notice. This notice notifies the total outstanding amount in the account & gives a total of sixty days of time for repayment. This is the stage where the borrower needs to resolve this issue at his best.
- Notice 13(4): This notice is issued after the above 13(2)notice. This notice is also commonly known as a “Symbolic Possession Notice”. As through this notice, the bank notifies the borrower, that the particular mentioned assets/properties will now legally belong to them & they can for further process of taking physical possession of the asset/property or other legal proceedings like auction of assets.
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