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8 amusing facts about your home loan

Posted in:  Finance Monday 08th, June 2009
 
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Vivek  Sharma
Electrical Engineer

8 amusing facts about your home loan

A loan agreement is the document that lays out the terms and conditions of the lender. It also informs the lender of the borrower's consent. It is very important to read what you sign for that very reason. Be informed before you agree.

The agreement could be the last thing you want to read. The miniscule font size alone is a turn off. Add to that, too many asterisks, and more than ample number of sections. So, even if reading the document seems to be a mind-numbing task, you have to get it done. This document is legal and once you sign it, you are bound by its terms and conditions.

But you must read the document very carefully. Because not only will it inform you, it has immense potential for amusement. Are you ready for some fun then?

1. If you have a dispute with the bank during the loan tenure, as a borrower, you cannot issue a stop-payment instruction with respect to post-dated cheques for as long as the 'facility' (loan) or any part of the dues is outstanding. In case such an instruction is issued, the bank can initiate criminal proceedings against you under the Negotiable Instruments Act (1881).

2. If you, the loan borrower, do not understand English, a declaration in vernacular language needs to be executed and signed by you in the desired vernacular language. There is a special instruction in the agreement regarding the same.

3. There is a special 'Memorandum Regarding Signing' for those who understand a vernacular language, for an illiterate, and for a blind person.

4. According to the agreement, you cannot sell, exchange, partition, mortgage, charge, encumber, lease, or dispose the property till you have got 'discharge' from the bank in writing.

5. You cannot hold the bank responsible for any delay in construction, giving possession of, completion of property by developer, promoter or society even if the bank has approved or sanctioned any facilities to such a person or entity.

6. If you are a resident Indian, you cannot leave India for employment or business or stay long-term outside India without fully repaying the loan. You cannot stay out of India for any purpose for more than 60 days. There should not have been a change in the citizenship nor should you have made any earnings or income during this period from abroad.

7. If you have taken a 'home equity' or a 'top-up loan' you cannot let out your property for use/ occupation by another person without prior written permission from the bank.

8. Oh yes, and this one is a personal favourite, see if it's yours too. It is not clear whether banks are bound by law to notify you of changes in their policy. But, the agreement binds you to remain acquainted with a bank's rules/ terms and conditions affecting or relating to the loan taken.

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Reader's comments(9)
1:a good post sir.
Posted by: sanjeeda khan - 17th Jun 2009
2:That really is a good one. Even I had come to grief with these fine print conditions but never picked up the pen to put it down in writing for the benefit of others. Thanks
Posted by: Nagesh Ramiah - 11th Jun 2009
3:Hi Vivek, Good post! I recently took a home loan and did painstakingly read through the entire loan agreement. And i actually did laugh out loud on when i read point no 4 & 6 :) Another addition to your list...Banks have a clause that says every time you have a change in your employment status ( like changing of job) you have to keep the bank informed!
Posted by: Anmol Sagar - 10th Jun 2009
4:Hi Vivek
Good Information on home loans... could you give some information on foreclosure of home loan. As per the information i have, each bank has their own formula and they donot let you foreclose with out penalty, which is qutie high.
Posted by: Ravi Ramasubramaniam - 10th Jun 2009
5:I will surely find out on this issue and let
u know.
Vivek Sharma replied to: Ravi Ramasubramaniam post - 10th Jun 2009
6:There are many such clauses in the loan agreement. But banks can not enforce every clause,as long as there is no WILLING default from the customer. Indian banks are appropriately monitored when it comes to customer interest. If there is any undue harrassment, we can always approach banking ombudsman.
Posted by: Raghavendra B - 09th Jun 2009
7:Dear Vivek.
Very Good Information, on Home loan.

But ithink point no (6) applies to people who have taken Home Loan from the Bank, and not from any financing co.

Regard's.
FRANCIS DANIEL.
BAHRAIN.

Posted by: FRANCIS DANIEL - 09th Jun 2009
8:Hi Vivek,
Nice article but is point no. 6 true? i mean you cannot go abroad for work if you have a home loan? please advice.
thanks
Posted by: Vishal D - 09th Jun 2009
9:I will confirm and let u know buddy.
Vivek Sharma replied to: Vishal D post - 10th Jun 2009
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