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Shivapriya   20 November 2023

Query regarding the legal procedures


I am a plus two science student from kerala. In the year 2017 my father took a car loan from HDFC Bank. But we were unable to pay back after the pandemic. As of 2023 the amount has reached upto 9 lakh. The bank took possession of our car and is going to auction it off. The car will be sold only for little money and the remaing money will be attched to our house. Will the bank be able to sell our house for getting the money? We don't gave money to file a stay order in the highcourt. What happens after the loan is attached to our house. We already have a loan on the house. If we loss this house we will be homeless.

We don't know the legal procedures for this also. Please help. What should i do when they try to auction our house too.


 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 November 2023

After the pandemic, why did your father repay the amount even in small amounts during this period?   If the car auction price comes to less than the loan the bank may attach your house.  It is better to repay the car loan in anyway to avoid the auction and attachment of the house.

1 Like

Shivapriya   20 November 2023

My father had heart block and other 2 operations for hernia. He is unable to work. My mother is a house wife. We are surviving only from an income of 20k a month that we get from the coconuts we sell 

T. Kalaiselvan, Advocate (Advocate)     20 November 2023

The bank after selling the car may file a suyit for attaching the house property given as additional collateral security to make good the outstanding loan with interest.

However please remember that a borrower's assets can only be attached when the due procedure has been followed and a court order has been issued on whatever assets the court deems appropriate..


1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 November 2023

If you are unable to pay your bank loan, you can,

  • Contact your lender as soon as possible and explain your situation.
  • Prioritise your debts and pay the most important ones first, such as your mortgage or rent.
  • Consider debt consolidation or refinancing if you have a good credit score and can afford the new payments..
  • Sell some of your assets or find ways to increase your income, such as taking in a roommate or cutting expenses.
  • Try to make your payments within 30 days of the due date to avoid damaging your credit score3.

Learn more:


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