Guarantors risk of a Home loan Guarantors risk of a Home loan

9 months ago

I have a home loan from canara bank my mother and cousin are the guarantor, what happend if I can't pay the emi and let bank to recover

Advocate Simi Paul

Responded 9 months ago

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A.Hi client,

The guarantors shall be equally liable for such recovery. If a case is being filed, it will be filed against the borrower and the guarantors both.

Thanks and Regards
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client

If you are unable to pay the EMI on your home loan, the bank will take action to recover the outstanding amount. When a borrower defaults on loan payments, the following steps are typically taken by the bank:

Late Payment Penalty: Initially, if you miss an EMI payment, the bank will likely charge a late payment penalty. This will add to the amount you owe, making it more difficult to clear the dues.

Reminders and Notices: The bank will send reminders and notices to you, reminding you about the overdue payments and requesting you to make the payment at the earliest.

Communication with Guarantors: If the borrower fails to make payments, the bank may communicate with the guarantors (in this case, your mother and cousin) to inform them about the default. They may request the guarantors to fulfill the loan obligation on behalf of the borrower.

Legal Action: If the borrower consistently fails to make payments, the bank may initiate legal action against both the borrower and the guarantors to recover the outstanding dues. This may involve filing a case in a court of law and obtaining a decree against the borrower and guarantors.

Collateral Seizure: In the case of a home loan, the property itself serves as collateral. If the borrower continues to default on payments, the bank has the right to take possession of the property through a legal process known as foreclosure. The property will then be sold, and the bank will use the proceeds to recover the outstanding loan amount.

Credit Score Impact: Loan defaults and foreclosure proceedings can significantly impact the credit score of both the borrower and the guarantors. A poor credit score can affect future loan applications and financial transactions.

It's crucial to communicate with the bank if you are facing financial difficulties and unable to pay your EMIs. Sometimes, banks offer certain options like loan restructuring or temporary relief to borrowers facing genuine financial hardships. Reach out to your bank to discuss your situation and explore potential solutions.

Additionally, it's essential to understand that guarantors are equally liable for the loan if the borrower defaults. As guarantors, your mother and cousin may also face legal action and credit score implications if the loan is not repaid as per the agreed terms.

If you find yourself in financial distress and are unable to manage your home loan payments, consider seeking advice from a financial advisor or debt counselor to explore viable options and avoid severe consequences.
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