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We provide focused legal services in disputes involving mortgaged properties, representing borrowers, guarantors, and even third-party buyers in cases of bank recovery, enforcement actions, and auction sales under Indian laws such as the SARFAESI Act, 2002 and the Recovery of Debts and Bankruptcy Act (RDB Act), 1993.
Mortgage-related disputes can arise due to default in loan repayments, illegal enforcement actions by banks, or procedural lapses in the recovery process.
We assist borrowers and guarantors facing:
• Loan default notices under Section 13(2) of the SARFAESI Act
• Wrongful classification of accounts as NPAs (Non-Performing Assets)
• Disputes over loan recall and balance outstanding
• Objections to demand notices and possession notices
Our lawyers scrutinize bank actions for compliance with Reserve Bank of India (RBI) guidelines and statutory procedures.
We handle disputes related to:
• Illegal or premature auction of mortgaged properties
• Violation of procedural safeguards during property auctions
• Challenge to undervalued or fraudulent auction sales
• Disputes with third-party auction purchasers
We also file applications for stay of possession and challenge auction sales before competent authorities and courts.
Our lawyers regularly represent clients in:
• Debt Recovery Tribunals (DRT) for defending recovery actions
• Debts Recovery Appellate Tribunals (DRAT) for appeals against DRT orders
• Filing Section 17 applications under the SARFAESI Act
• Settlement negotiations under OTS (One-Time Settlement) Schemes
We assist clients with:
• Challenging excessive interest rates and hidden charges
• Filing writ petitions before High Courts for violations of natural justice
• Negotiating restructuring and settlement of outstanding loans
• Filing suits for declaration of illegal mortgage or fraud in lending
We also specialize in representing NRI clients who face mortgage-related issues or illegal recovery proceedings in India, ensuring their rights are protected even in their absence.
Courts & Forums We Appear Before:
• Debt Recovery Tribunals (DRT)
• Debt Recovery Appellate Tribunals (DRAT)
• Civil Courts (for title disputes linked to recovery)
• High Courts (for writs & constitutional remedies)
• Supreme Court of India (where applicable)
We ensure that our client facing wrongful bank recovery action or challenging auction sales of mortgaged property, are strongly defended through both litigation and negotiated settlements.
