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Loan Recovery - Legal & Professional Loan Recovery. Ethical Recovery, Lasting Solutions.

Loan Recovery means the process by which a bank, NBFC, private financer, or any lending institution recovers the money lent to a borrower (with interest and charges) if the borrower fails to repay on time.

Loan Recovery Process in India

  1. Reminder & Follow-Up

    • Phone calls, SMS, and emails are sent for EMI reminders.
    • Recovery agents may visit borrower’s home/office.
  2. Penalties & Late Fees

    • Overdue interest and late payment charges are added.
  3. Restructuring / Settlement

    • Lender may allow rescheduling EMIs.
    • One-time settlement (OTS) at a negotiated amount.
  4. Legal Recovery (if borrower defaults)

    • SARFAESI Act, 2002 – For secured loans like home loans or business loans. Bank can seize & auction borrower’s property without court approval.
    • DRT (Debt Recovery Tribunal) – For loans above ₹20 lakh.
    • Civil Suit / Arbitration – For unsecured loans or smaller cases.
  5. Use of Recovery Agents

    • Banks/NBFCs use authorized recovery agencies.
    • Agents must follow RBI guidelines (no harassment, abusive language, or threats).
  6. Credit Bureau Reporting

    • Default reported to CIBIL, Experian, CRIF, Equifax.
    • Negatively affects borrower’s credit score & future loan eligibility.

Rights of the Lender

• Recover dues through legal means.
• Charge penalty & interest.
• Auction secured assets (if applicable).

Rights of the Borrower

• Receive proper notice before recovery/auction.
• Option to settle or restructure loan.
• Protection against harassment (RBI & Supreme Court guidelines).

Loan Recovery Strategies (For Lenders & Finance Companies)

• Early warning system – Track EMI delays.
• Soft recovery – Reminders, counseling, restructuring.
• Hard recovery – Legal notice, DRT, SARFAESI action.
• Third-party recovery agencies – On commission basis.
• Digital recovery – Automated calls, payment links, settlement offers.

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