What is my exposure as a borrower if the lender bank is unable to auction my property
My husband and I took a loan of 56 lacs for a property to setup our restaurant business in 2017. Our payment to the builder was 18 lacs. We paid Rs 25 lacs as EMI to the bank. After 9 months of business,we had to stop business indefinitely as indefinite period lockdown was announced.Our alternate business was of a garment jobber, which also stopped as there were no orders and no skilled labour available. We could not pay EMI and we requested for 6 months moratorium. We could not get additional income to service the loan. So we told the bank that we are unable to pay EMI in all our capacity and that bank can take the property. Bank took our property and meantime informed that EMI will continue until auction sale is done. It has been 1yr 6 months still the bank could not sell the property. The EMI is just piling up and now they have transferred to my Savings account. There is a negative balance of Rs 25 lacs for non payment of EMI. So any deposits are automatically getting traded off against this huge negative balance. My tax refunds of Rs1,92,550 also got lost into this. So i had to express my grievance to settle this loan and forego the interest component. I had spent Rs 77 lacs on this property ( downpayment+emi+ development cost+ loss from operations). So i requested the bank to provide at Rs 44 lacs to us in lieu of the ready furnished and equipped shop plus waive off the interest. Also told to have some mercy as my husband went through brain stroke on 15th June '23. I also expressed my frustration that my restaurant was in a mall where the footfall has not increased even in 7 years. I expressed that if bank would have done due diligence about the property we would have not incurred losses. We got a grievance reply from bank within 2 days . They wrote that
1) because of your inability to pay emi we will be initiating statutory proceedings against us.
2) you are trying to put the onus on us by putting this baseless point of due diligence. We have just extended financial support based on your presentation of facts.
Now please guide as to what statutory proceedings they are talking about. Secondly it was a heartfelt letter where i expressed about due diligence and it was not for framing intention. Other than this none of my 2 requirements were even addressed. Waiving interest and providing Rs 44 lacs. Now what should i do? I have been running after property brokers to sell the restaurant but nobody is buying it and calling the mall as dead mall. This bank is also a prime lender to the mall.