Banking Recovery & Security Enforcement
SARFAESI Proceedings & Secured Asset Recovery
SARFAESI disputes require close review of the loan and security documents, account classification, demand and possession measures, secured asset, borrower objections and the procedural route available before the Debts Recovery Tribunal or appellate forum.
SARFAESI work may involve
Review notices, outstanding debt, security documents, borrower representations and measures taken for enforcement.
Examine possession notices, property description, valuation, sale process, third-party claims and assistance sought for taking possession.
Assess the measure challenged, security interest, account and procedural record before approaching the DRT.
Document review, notice and security-record coordination, enforcement chronology and litigation response.
Case preparation framework
Map borrower, facilities, outstanding amount, guarantees and restructuring if any.
Identify the secured asset, mortgage or charge documents and registration record.
Build a chronology of notices, objections, possession, valuation and sale steps.
Match the dispute to the statutory application or appeal route and relief available.
SARFAESI framework
Section 13 deals with enforcement of security interest; Section 17 provides for applications against measures to recover secured debts; Section 18 provides an appeal to the Appellate Tribunal. India Code.
Related service
See our Lender & Bank Legal Due Diligence and Banking & Finance practice pages.
Fastrack Legal Solutions LLP
SARFAESI strategy depends on the exact enforcement measure and security record. Borrower, guarantor, lender and third-party positions can require different remedies and evidence.
General information only; not solicitation or legal advice for any specific matter.