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MASTER CIRCULAR REGARDING HOUSING LOAN BY BANKS – THE PRESENT PRACTICE OF THE BANKS TO FINANCE ILLEGAL BUILDINGS AND LAYOUTS – ANOTHER SCAM – FINANCING ILLEGAL STRUCTURES OR BUILDINGS


Many Banks and other financial institutions are LENDING OR FINANCING the housing sector and more than 50% are ILLEGAL TRANSACTIONS, lending it to the irregular, illegal and buildings with deviation and violation.

Please read through the MASTER CIRCULAR by the RBI.

Marketing agencies, agents, brokers, builders, developers, sellers, resellers and owners STATE THAT THE PROJECT OR THE SITE OR THE LAYOUT OR THE APARTMENT IS APPROVED BY   (GOL MAAL BANK) and the buyers, thinking that the (GOOL MAAL BANK) does a fantastic verification and the titles are the best in the world, jump into NET.  Those buyers, who are already in the gutter/sewage tend to temp their relatives and friends to jump into the filth, as they will have company.

 

CHECK THE NEWSPAPERS FOR THE AUCTION/BIDDING PUBLICATION OR ARTICLE FROM THE BANKS.

There may not be any surprises.  It is a fact. Most of them are not worth and waste of money.

A recent analysis of the properties attached by all major banks reveals several facts, which are published in NEWSPAPERS.

 

a). Most of the attached properties are not worth BIDDING or put into auction.

b). Defective titles or discrepancy in the titles.

c). Katha or Patta is irregular.

d). The value of the property is MORE THAN THE MARKET VALUE.

e). Some properties are specifically from WILFUL DEFAULTERS.

f). Pending suits in the courts.

g). Some banks lend money to CHEATS AND FRAUDS and within two or three months, they deliberately default to repay the loan and the honest banks attach or seize the properties and place newspaper publication for auctioning such properties.  There is another CHEATS AND FRAUD GROUP OR GANG, ready to buy the same and resell it even before the purchase of the auctioned properties.  Majority of the buyers are under the wrong impression or feel that BANK AUCTIONED PROPERTY TITLES ARE GOOD.

IT IS NOT SO. TITLES ARE NOT GOOD OR PERFECT – CHECK – CHECK.

A classic example:

In Koramangala, Bangalore,  property of 11,000 square feet, (approximately) was acquired by BDA, but BDA did not take the possession, as it was a part of the large property.

One individual/ person created Madiwala village document and somehow got the loan from XXXX Bank, Koramangala Branch.  He defaulted very soon.  The XXXX Bank attached the property and auctioned it.

NRI, bought the same property in the auction and resold it to a builder within 6 months.

NOW, A RESIDENTIAL COMPLEX IS STANDING ON THE LAND and all the apartments have been sold.

 

RESERVE BANK OF INDIA GUIDELINES TO THE HOME LOAN

 

A. Purpose

To consolidate framework of rules/regulations and clarification on Housing Finance issued by Reserve Bank of India from time to time.

B. Classification

A statutory directive issued by the Reserve Bank in the exercise of the powers conferred by Sections 21 and 35 A of the Banking Regulation Act, 1949.

C. Previous instructions consolidated

This Master Circular consolidates and updates all the instructions contained in Circulars listed in the appendix and clarifications issued during the year.

D. Scope of Application

Applicable to all Scheduled Commercial Banks, excluding Regional Rural Banks.

1. INTRODUCTION

Banks, with their vast branch network throughout the length and breadth of the country, occupy a very strategic position in the financial system and have an important role to play in providing credit to the housing sector.

Keeping in view the objectives of the National Housing Finance Policy of the Central Government, RBI had introduced a scheme of Housing Finance Allocation wherein every year, banks were required to achieve the prescribed target of ‘Housing Finance’ announced annually. The banks could deploy their funds under the housing finance allocation in any of the three categories, viz. direct finance, indirect finance, or investment in bonds of NHB/HUDCO, or combination thereof.

The allocation under the scheme was last announced for the year 2002-2003 and the scheme has since been discontinued.

Presently, banks have the freedom to evolve their own guidelines on various aspects of granting housing finance with the approval of their Boards.

2. VARIOUS REGULATIONS

While formulating their policies, banks have to take into account the following RBI guidelines and ensure that bank credit is used for production, constructions activities and not for activities connected with speculation in real estate.

(a) ACQUISITION OF LAND

Bank finance granted only for the purchase of a plot provided a declaration is obtained from the borrower that he intends to construct a house on the said plot, with the help of bank finance or otherwise, within such period as may be laid down by the banks themselves.

(b) CONSTRUCTION OF BUILDING / READY-BUILT HOUSE

(i) Banks may grant loans to individuals for purchase/construction of dwelling unit per family and loans are given for repairs to the damaged dwelling units of families.

(ii) Bank may extend finance to a person who already owns a house in town/village where he resides, for buying/ constructing a second house in the same or other town/ village for the purpose of self-occupation.

(iii) Bank may extend finance for purchase of a house by a borrower who proposes to let it out on rental basis on account of his posting outside the headquarters or because he has been provided accommodation by his employer.

(iv) Bank may extend finance to a person who proposes to buy an old house where he is presently residing as a tenant.

(v) Banks may finance for construction meant for improving the conditions in slum areas for which credit may be extended directly to the slum-dwellers on the guarantee of the Government, or indirectly to them through the State Governments.

(vi) Bank may provide credit for slum improvement schemes to be implemented by Slum Clearance Boards and other public agencies.

(vii) Banks are advised to also adhere to the following conditions, in the light of the observations of Delhi High Court on unauthorized construction:

(a) In cases where the applicant owns a plot/land and approaches the banks/FIs for a credit facility to construct a house, a copy of the sanctioned plan by the competent authority in the name of a person applying for such credit facility must be obtained by the Banks/FIs before sanctioning the home loan.

(b) An affidavit-cum-undertaking must be obtained from the person applying for such credit facility that he shall not violate the sanctioned plan, construction shall be strictly as per the sanctioned plan and it shall be the sole responsibility of the executants to obtain completion certificate within 3 months of completion of construction, failing which the bank shall have the power and the authority to recall the entire loan with interest, costs and other usual bank charges.

(c) An Architect appointed by the bank must also certify at various stages of construction of building that the construction of the building is strictly as per sanctioned plan and shall also certify at a particular point of time that the completion certificate of the building issued by the competent authority has been obtained.

(d) In cases where the applicant approaches the bank/FIs for a credit facility to purchase the built up house/flat, it should be mandatory for him to declare by way of an affidavit-cum-undertaking that the built up property has been constructed as per the sanctioned plan and/or building bye-laws and as far as possible has a completion certificate also.

(e) An Architect appointed by the bank must also certify before disbursement of the loan that the built up property is strictly as per sanctioned plan and/or building bye-laws.

(f) No loan should be given in respect of those properties which fall in the category of unauthorized colonies unless and until they have been regularized and development and other charges paid.

(g) No loan should also be given in respect of properties meant for residential use but which the applicant intends to use for commercial purposes and declares so while applying for loan.

(viii) Supplementary Finance

(a) Banks may consider requests for additional finance within the overall ceiling for carrying out alterations/ additions/repairs to the house/flat already financed by them.

(b) In the case of individuals who might have raised funds for construction/ acquisition of accommodation from other sources and need supplementary finance, banks may extend such finance after obtaining paripassu or second mortgage charge over the property mortgaged in favour of other lenders and/or against such other security, as they may deem appropriate.

(c) Banks may consider for grant of finance to –

  1. the bodies constituted for undertaking repairs to houses, and
  2. the owners of building/house/flat, whether occupied by themselves or by tenants, to meet the need-based requirements for their repairs/additions, after satisfying themselves regarding the estimated cost (for which requisite certificate should be obtained from an Engineer / Architect, wherever necessary) and obtaining such security as deemed appropriate.

(ix) Bank finance should, however, not be granted for the following:

(a) Banks should not grant finance for construction of buildings meant purely for Government/Semi-Government offices, including Municipal and Panchayat offices. However, banks may grant loans for activities, which will be refinanced by institutions like NABARD.

(b) Projects undertaken by public sector entities which are not corporate bodies (i.e. public sector undertakings which are not registered under Companies Act or which are not Corporations established under the relevant statute) may not be financed by banks. Even in respect of projects undertaken by corporate bodies, as defined above, banks should satisfy themselves that the project is run on commercial lines and that bank finance is not in lieu of or to substitute budgetary resources envisaged for the project. The loan could, however, supplement budgetary resources if such supplementing was contemplated in the project design. Thus, in the case of a housing project, where the project is run on commercial lines, and the Government is interested in promoting the project either for the benefit of the weaker sections of the society or otherwise, and a part of the project cost is met by the Government through subsidies made available and/or contributions to the capital of the institutions taking up the project, the bank finance should be restricted to an amount arrived at after reducing from the total project cost the amount of subsidy/capital contribution receivable from the Government and any other resources proposed to be made available by the Government.

(c) Banks had, in the past, sanctioned term loans to Corporations set up by Government like State Police Housing Corporation, for construction of residential quarters for allotment to employees where the loans were envisaged to be repaid out of budgetary allocations. As these projects cannot be considered to be run on commercial lines, it would not be in order for banks to grant loans to such projects.