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Demand Letter Foreclosure for India

Demand Letter Foreclosure Template for India

A Demand Letter for Foreclosure is a formal legal notice issued under Indian law, particularly governed by the SARFAESI Act, 2002, serving as an official communication from a secured creditor to a defaulting borrower. The document formally demands repayment of outstanding loan amounts and notifies the borrower of the creditor's intention to enforce their security interest in the mortgaged property. It must comply with specific statutory requirements, including a mandatory 60-day notice period before any enforcement action can be taken, and contains detailed information about the loan account, default status, and secured assets.

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Demand Letter Foreclosure

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What is a Demand Letter Foreclosure?

The Demand Letter for Foreclosure is a crucial document in the Indian banking and financial services sector, used when a borrower defaults on their loan obligations. This document is primarily governed by the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act), 2002, and related banking regulations in India. It serves as the first formal step in the foreclosure process, requiring specific content and format to ensure legal compliance. The letter must include detailed loan account information, default particulars, demand for payment, and consequences of non-payment. It provides the borrower with a statutory 60-day period to regularize the account before the lender can initiate enforcement actions. The document's proper execution is critical for banks and financial institutions to legally proceed with security enforcement and asset recovery.

What sections should be included in a Demand Letter Foreclosure?

1. Sender Details: Full name, address, and status of the lending institution/secured creditor

2. Recipient Details: Full name and address of the borrower(s)/guarantor(s)

3. Subject Line: Clear reference to the loan account and purpose of the letter

4. Loan Account Details: Specific details of the loan account including account number, date of sanction, and original loan amount

5. Default Statement: Clear statement of the default, including the amount in default and date since when the account has been non-performing

6. Outstanding Amount: Detailed breakdown of the total outstanding amount including principal, interest, penalties, and other charges

7. Demand for Payment: Clear demand for full payment of the outstanding amount within the specified statutory period (60 days under SARFAESI Act)

8. Security Details: Description of the mortgaged property/secured assets

9. Legal Consequences: Statement of legal actions that will be taken upon non-payment, including enforcement of security interest

10. Statutory Warning: Warning about restrictions on transfer of secured assets after receipt of notice as per Section 13(13) of SARFAESI Act

What sections are optional to include in a Demand Letter Foreclosure?

1. Previous Communications: Reference to previous correspondence, if any, regarding the default

2. Guarantor Notice: Specific notice to guarantors, if applicable

3. Additional Security Details: Details of any additional security or collateral, if applicable

4. Settlement Option: Information about possible settlement options, if the bank wishes to provide this alternative

5. Multiple Account References: Details of other loan accounts held by the borrower, if relevant to the default

What schedules should be included in a Demand Letter Foreclosure?

1. Loan Account Statement: Detailed statement showing all transactions, interest calculations, and current outstanding

2. Property Details Schedule: Comprehensive description of the secured property including boundaries and measurements

3. Security Document Details: List of security documents with execution dates and registration details

4. Payment History: Statement showing payment history and default timeline

5. Interest Calculation Sheet: Detailed breakdown of interest calculations and charges

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Document Type

Demand Letter

Cost

Free to use
Relevant legal definitions
























Clauses

















Relevant Industries

Banking

Financial Services

Real Estate

Mortgage Services

Legal Services

Debt Recovery

Asset Management

Property Management

Construction

Housing Finance

Relevant Teams

Legal

Credit Risk

Loan Recovery

Collections

Compliance

Documentation

Asset Management

Property Services

Loan Operations

Risk Management

Relevant Roles

Legal Counsel

Recovery Officer

Credit Manager

Risk Manager

Bank Manager

Compliance Officer

Loan Officer

Asset Recovery Specialist

Legal Documentation Executive

Mortgage Officer

Chief Risk Officer

Collections Manager

Property Valuation Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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