Emi default and npa for loan against property (lap)
Dear Sir,
One of my relative is NRI in USA and has taken LAP (Loan Against Property) from Standard Chartered bank 1.5 years back. Now due to some personal financial problems, he couldn't not pay last 2 EMIs. Also he won't be able to pay his next 3-4 EMIs further. Hence he has decided to sell his flat and intimated the same to bank.
Also Bank told him NOT to bounce 3rd EMI otherwise they will classify his account as NPA will initiate legal action against him. Bank also asked him to pay atleast one of the past due EMI with penalty, otherwise they are threatening him to file case in court under Sec 138 for bounce of security deposit cheque and then court can issue non-bailable warrant against him.
Now in reality, he needs some time (say 4-5 months) to find the buyer and sell his flat. But Bank is not cooperating and enforcing him to continue to pay EMI till he sells his flat.But unfortunately he doesn't have capacity to pay EMIs further.
Now he has following urgent questions:
1) When exactly his account is classified as NPA ? If any Principal and / or Interest not paid for 90 days OR if he bounces 3 consecutive EMI?
2) Once Account becomes NPA, can he still opt to re-pay all the past due EMIs with penalty OR Bank will enforce him to pay the entire Loan in principal (i.e. foreclosure of the entire loan) ?
3) How can he prevent the bank from filling sec 138 and how to ask for 3-4 months of time from Bank (for selling his flat and without taking matter to court) ?
4) He is the sole owner of the Flat on agreement but his brother (in India) is a joint-account holder for his LAP. So in case of sec 138 is filled in court, Can his Indian brother represent him in court OR he needs to physically come to India and be present in court ?
5) Apart from trying to sell his flat on his own OR become NPA and surrender flat to Bank, is there any other way to solve this issue ?
Your prompt response will be appreciated.
Regards,
Manish