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Anup   07 December 2017

Lawyers expert advice needed

I was the gurantor of my father loan account declared NPA bank sold both of my properties. Now my name is in ECGC SAL . As I have already suffered can I claim the relived or bank can further claim from me the remaining dues. Pls suggest


 4 Replies

G.L.N. Prasad (Retired employee.)     08 December 2017

The banker can claim entire liability from the guarantor till entire settlement is over.  Bankers can proceed on your property also, if the present proceeds are not sufficient to cover the outstanding loan.

Anup   08 December 2017

But bank refuse the OTS further after the recovery from selling what else they can recover. Pls suggest a remedy

G.L.N. Prasad (Retired employee.)     08 December 2017

They can recover by bringing in attachment on your personal properties both movable and immovable.  When sufficient assets are available and when those particulars are readily available on their records in a statement form submitted by you with such admission, no bank accepts OTS.

G.L.N. Prasad (Retired employee.)     08 December 2017

When they have recorded admissions by you on your assets while accepting your guarantee for the borrowed amount, they can bring attachment on both moveable and immovable properties belonging to you.  When Borrower/Guarantor are having assets, banks will not go for OTS and always try to bring attachment through court, as they are already on a safe side.  When it is at the discretion of Bank, members can not help you, it is between you and your banker in coming out a compromise.


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