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Anonymous (xxxx)     29 July 2014

Deliberate home loan default

Sir,

I am residing with my kids in a Flat that is in the name of my seperated husband. My husband took loan on this property. I am not a party to the loan/property. I contributted in the payment of EMIs  by transferring my salary to my husband saving bank account.

For the last 8 months, he has stopped paying EMI despite my several requests. Notice under Section 13(2) of sarfaesi act was served on my address also. 60 days has expired. I have moved an application in the delhi district court (where my case under DV act for Residence order is pending) to order him to start paying EMI which is pending and time is running out.

What steps should i take as i have no other place to live?

Please help.



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 July 2014

Representation by Borrower, guarantors, mortgagors-- under section 13(3)(A) representation can be made or objection can be raised within notice period. If the same is unacceptable, the secured creditor should communicate within 1 week of receipt of such representation. However, the same shall not be a ground to prefer an application before DRT.

tejinder singh sidhu (lawer)     29 July 2014

You are required to file an appeal and request before the Debt Recovery Tribunal IMMIDIATELY and also move an application to put up your file in your DV act case and request for an interim ex party order under sec 23 of the DV act for direction to your husband to pay the balance and future instalments along with other maintainance expenses


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