• Personal loan default

I had bought a house from someone in 2019. It seems the seller had given this house address to the bank while availing of a personal loan(unsecured loan). He defaulted it now and the bank representatives are coming to our home, again and again, looking for him. Can you please advise what is the best way to handle this?

Thank you.
Asked 3 years ago in Civil Law

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9 Answers

Issue notice to  bank stating that no such person resides there warning of legal action criminal and civil for damages if any representatives/agents/servants visit your house. If the disturbance continues file a police complaint. also complaint to head office of the bank. For further clarification you may contact me. Hit the like button if the advice is useful to you.     

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

If the house property has not been mortgaged or given as collateral security towards the personal loan availed by the vendor, you need not worry about it.

You can ask the bank representatives to not to disturb you in future, and to contact him wherever he is available.

You can also warn that if the representatives do appear once again to your house in this connection, you would be constrained to lodge a criminal complaint for the offences of nuisance against them with the concerned police. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Make it clear to the Bank authorities that you bought the property and you have no idea about the default of loan by the previous owner.

2. In the meantime, if you can contact the previous owner, convey the message that Bank officials are on the lookout for him and he should himself contact the Bank officials and settle the matter immediately.

3. If you have the earlier owner's contact details, share the same with Bank Officials.

4.  Still if the Bank officials visit your house looking for the previous owner, lodge a Police Complaint against the Bank officials for causing nuisance and mental harassment unnecessarily to you. 

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Inform the bank in writing  that seller does not reside in said property 

 

2) that you do not know his whereabouts 

 

3) not to send it’s representative to your residential address

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You are not at all related to the personal loan and responsibility after Bank people to find out the actual defaulter you have to tell them clearly and increase if you are being harassed because of collection agent you have to go to the police and file complaint against the person who has sold the house you must have the Aadhar card of the person as well why you have taken registration of this house you have to provide all the detail to police and file complaint against the bank people and seller of this property under various sections of IPC

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

The bank officials should be given the correct name and address of that person. Why should you suffer for his misdeeds.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hi, you have to issue legal notice to the Bank, not to disturb you and restrain them interfering you. If they continue the same then you have to file a suit.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Dear sir/ma'am,

 

You should issue legal notice to the bank head office and try all means of communication to inform them that the defaulter no longer lives there. It is advised that you inform them via the notice about the disturbance and mental pain the bank officials are causing to you. If you have information regarding the address and contact details of the defaulter, pleas forward it to them. This should prevent them from troubling you further. Thank you.

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

- Since, the house which you have purchased from the seller is not mortgaged with the bank for the said loan taken by him , then you are under no obligation to pay the amount to the bank

- Further, visiting your house by the official is also against the law, and you can lodge a compliant against him .

- However, you should give a written intimation to the said bank , that you are owner of the said house , and no having no knowledge about the whereabouts of the seller. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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