SARFAESI Archives

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Does a SARFAESI Sale Certificate Guarantee Good Title?

Introduction The Bank Has Issued a Sale Certificate. Is the Property Completely Safe to Purchase? Many purchasers participating in SARFAESI auctions

Effect of a Pending Section 29 Application on a SARFAESI or DRT Auction Property

Introduction The Auction Notice Mentions a Pending Section 29 Application. Should You Bid? Many auction purchasers come across a statement in

Effect of a Pending Section 17 Application on a SARFAESI Auction Property – The Auction Notice Says a Section 17 Application Is Pending. Should You Be Concerned?

Introduction Many purchasers interested in SARFAESI auction properties come across auction notices containing a statement such as: “Securitisation Application (S.A.) under

Risks Every SARFAESI Auction Purchaser Must Know Before Bidding – Bank Auction Property Available at a Discount? Read This Before You Bid.

Introduction SARFAESI auction properties often attract buyers because they are perceived to be available at prices lower than prevailing market rates.

Can the Debt Recovery Tribunal (DRT) Stay a Bank Auction? (Received an Auction Notice From the Bank? Understanding Your Rights)

Introduction One of the most common questions asked by borrowers and guarantors facing recovery proceedings is: “Can the Debt Recovery Tribunal

Rights of Guarantors Under the SARFAESI Act: What Every Guarantor Should Know

I Only Signed as a Guarantor. Can the Bank Proceed Against Me? This is one of the most common questions asked

Received a DRT Summons – What Should You Do? : A Practical Guide for Borrowers and Guarantors

Introduction Receiving a summons from the Debt Recovery Tribunal (DRT) can be alarming. Many borrowers assume that once a DRT summons

Bank Has Taken Possession of Your Property? Here’s Why the High Court May Ask You to Approach the DRT First

Introduction Many borrowers are shocked when they discover that the Bank has taken possession of their property under the SARFAESI Act.

A Lawyer’s Duty Extends Beyond the Client: Kerala High Court Reminds the Bar of Its Oath and Constitutional Responsibilities

Introduction The legal profession occupies a unique position in a constitutional democracy. Unlike many other professions, advocacy is not merely a

Section 14 of the SARFAESI Act: Kerala High Court Reiterates that the Magistrate’s Role is Purely Ministerial

Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) was enacted to enable

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