The SARFAESI Act is applicable only in cases of secured loans where banks and/or financial institutions can enforce underlying securities such as pledges, mortgages, hypothecation, etc. Our Firm has a team of experts with vast knowledge of the SARFAESI procedure and the necessary experience and skill to supervise the SARFAESI Proceedings. We provide support to our clients for the realization of any security interest of any secured creditor. This Act combined with the services offered by our team has empowered the financial entities to recover their debts or other financial transactions directly by either auctioning the assets of the borrower. The settlement of dues which is payable by the borrower and taking possession of secured assets comes in accordance with the provisions of this Act. We assist our clients in taking possession of the security of the loan and execute the sale/lease/assignment of the right to the security. The act provides the procedure for executing the remedy of enforcement of security in all the secured assets without directly going to court. This can be done through the secured creditor on settlement and/or dispute terms with the involvement of a third-party legal advisor. The Act intends to recover the transactions of loans that are subject to the provisions within the period of limitation and the loan defaults in making a repayment. The provisions of this Act enable several financial entities like cooperative banks to take resort to the Act. The establishment of the Asset reconstruction companies is also provided in the SARFAESI Act 2002, and these companies are supposed to be regulated under the RBI - Reserve Bank of India in order to acquire assets from financial entities like banks and other finance corporations. Under this Act, the banks are allowed to seize assets like the property of the borrower excluding the agricultural land without actually going to court. In cases of repayment, the bank or financial entities do not need an order from the court unless the security is invalid or fraudulent. In any case of unsecured assets, the financial entities have all rights to approach the court in a formal manner to file a civil case against the defaulting entity.
The Act deals with and facilitates the services for securitizing financial assets of banks or financial institutions with or without the added benefits of any underlying security. We also guide the Authorized Officers for expeditious completion of the SARFAESI proceedings up to the stage of the sale of secured assets and issuing and execution of the Sale Certificate.
We work with all governance proceedings in regard to exercising the rights of security management, change management, or other debt recovery methodologies.