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Uday (Lawyer)     07 July 2009

Procedure to inform to embassy about a defaulter in loan?

 

Dear colleagues, a person had applied for a Home Loan from the U.S and the loan was also disbursed to the builder. The entire transaction took place through his power agent in India. The building is in semi-finished stage. The borrower has defaulted in paying the EMI. It is a huge value loan. Can any of the members suggest how to bring that borrower to India by informing the Embassy. Pls brief me the entire procedure involved. Or any other method to bring him to the negotiation table. This is a breach of contract. Not breach of Trust.



Learning

 4 Replies

A V Vishal (Advocate)     08 July 2009

Dear Uday,

It is not clear how many emi were defaulted. There are laws where the bank can seize and auction the property, basically what is to be seen is what were the powers conferred by the principal to his agent. The matter can also be pursued with the POA holder. Nothing more can be advised at this point of time since you have mentioned there is breach of contract and not trust, hence the former creates a civil liability but whereas the latter creates both civil & criminal liabilities.

Raman ( )     08 July 2009

Any person living in the USA is more concerned about improving his/her credit history in order to get credit card or loan or rent an apartment or getting a green card etc ... Otherwise he gets totally jacked up. So, I would suggest your client to contact the famous three Credit Unions in the USA and see what they can suggest him. At the same time,  contact Indian Embassy in the USA and let them receive the complaint. If your client knows anyone in the USA, that would be more easier.    

 

You can also contact National Central Bureau (NCB) but I am not sure they will entertain civil cases. But you can still try it out.

1 Like

Raman ( )     08 July 2009

Sorry, forgot to mention this in my previous reply ...



All the credit history of a person is recorded into these three Credit Unions in the USA, please go through the website:



https://www.fightidentitytheft.com/credit_bureaus.html

Uday (Lawyer)     08 July 2009

Thanks for the vital information Mr.Raman.


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