Friday, 22 June 2018

BCSBI

BCSBI ::

Lending::

Each bank has its own Loan policy, approved by its Board, based on the guidelines

issued by the Reserve Bank of India. Banks are expected to base their lending

decisions on a careful and prudent assessment of the financial position and repaying

capacity of the applicant, besides other important criteria.

What information is a bank required to give when one approaches them for a

loan?

Banks, along with the loan application form are required to provide full

information about the interest rates applicable, whether floating or fixed as

also fees and charges payable for processing, penal rate of interest for delayed

payments, conversion charges for switching loans from fixed to floating rates

and vice-versa, existence of any interest reset clause, time by which a decision

on the application will be conveyed to the applicant and any other matters

which will affect your interest as a borrower.





What is floating rate of interest?

A floating interest rate is a variable interest rate which can change over the

duration of the loan / credit facility. The applicable interest rate on the loan

moves up and down with the market rates or along an index.

What would one require to know if one opts for a floating interest rate on

loans?

If one has opted for a loan at floating rate of interest he / she needs to knowo

The Base / Reference rate of the bank to which the floating rate of

interest is linked;

o Whether the spread / margin can change during the tenure of the

loan;

o Whether the agreement specifies a 'minimum interest rate' clause.

(This would mean that even if the interest rate moves down you cannot

benefit from it below the minimum rate specified by the bank);

o Whether the bank has pre-determined reset dates like January 1,

April 1, July 1, October 1 etc.

What is fixed interest rate?

An interest rate on a loan / credit facility that remains fixed either for the entire

term of the loan or for part of this term is referred to as a fixed interest rate.

What would one require to know if one opts for a fixed interest rate on loans?

If one is opting for a fixed interest rate loan, he / she must know -

o For how many years the same rate of interest would apply.

o Whether there is an 'interest reset' clause in the loan agreement

and if so from when it will be effective.

What is interest rate reset clause?

An 'interest rate re-set' clause allows a bank to review and reset rates at the end

of a specified period of time based on interest rates prevailing at that time..

What is MITC?

MITC is the acronym for 'Most Important Terms and Conditions'. It is a

document that indicates the important terms and conditions of a product or

service a customer needs to know before deciding to opt for the product /

service. This is not to be confused with the promotional literature / brochures /

pamphlets or with the sanction letter or Agreement. The detailed terms and

conditions are made known usually at the time of sanction / availing the product

/ service.

Will the bank inform the borrower when there is a change in the interest rate on

the loan?

Yes. The bank is required to inform the borrower of changes in interest rates on

their loan products and changes in the base / reference rate to which the floating

rate of interest is linked.

Can a borrower increase the tenure of a loan when the interest rate increases?

The bank will inform the borrower whether he / she can have the option to let

equated monthly installments stay constant and increase tenure or vice-versa

when the interest rate changes. This should form a part of the terms and

conditions of the loan sanctioned.

Can the borrower switch from a loan availed on fixed interest rates to floating

interest rates?

Banks may permit borrowers to switch from fixed rates of interest to floating

rates of interest or vice-versa. This may involve the payment of a fee. This

information should be provided by the bank to customers as part of the terms

and conditions of the loan sanctioned.

Will a bank acknowledge the receipt of a loan application?

Yes. Banks are required to give an acknowledgement for having received the

loan application.

How long will a bank take to process a loan application?

The time taken to process loan applications for different purposes / amounts may

differ from bank to bank. The bank is required to, indicate the time required to

process a loan application, at the time of receipt of the application itself.

How will I know if the bank has sanctioned my loan?

Sanction or otherwise of loan applications is required to be intimated by the

bank to the applicant in writing.

Will the bank give the borrower copies of the documents / loan agreement he

has executed while availing the loan?

Banks are required to give the borrower authenticated copies of all the loan

documents executed by him / her along with a copy each of all enclosures

quoted in the loan document.

Will the bank acknowledge receipt of documents / securities. / title deeds taken

as security for the loan availed?

The bank should give written receipt for all documents / title deeds etc. taken as

security/collateral for any loan as well as for dated/undated cheques received

from you. This is in addition to the requirement to issue sanction letter and copy

of Loan Agreement.

How will one know the status of one's loan account?

Banks are required to send an annual statement of demand / term loan availed by

the borrower. These statements show the payments that have been made on the

account and the interest accrued, along with the balance still to be paid / amount

outstanding.

Can one prepay the loan availed? Do banks charge for pre-payment of loans?

Yes, most banks allow you to repay the loan ahead of schedule by making

lumpsum payments. However, banks may charge a pre-payment penalty. Prepayment

penalty may vary according to the sources of funds used to pre-pay the

loan - if you avail of a loan from another bank to pre-pay the loan, charges are

usually higher than when you pay from your own sources.

The details of pre-payment and associated charges form part of the sanction

letter / loan agreement entered into with the concerned bank.

Incidentally, banks have been instructed by the Reserve Bank of India not to

levy pre-payment charges on home loans taken on floating interest rates.

What is an EMI?

EMI is the acronym for Equated Monthly Installments. EMI is a fixed amount,

comprising of both principal and interest, paid by a borrower to a lender at a

specified date each calendar month.

Can the bank ask for additional security while sanctioning a loan?

Banks may take some additional securities which are called collateral securities.

Collateral could be in the form of guarantee from one or two persons,

assignment of life insurance policies, lien over shares, and units or other

securities or mortgage of immovable property. These additional securities are

taken so that in case a loan is not paid back, recourse may be taken to such

securities instead of depending upon the primary security alone.

Does one have to insure the vehicle / property etc. purchased with the loan

availed?

Yes. One will have to insure the property etc. as required by the bank during the

tenure of the loan. However, banks cannot insist on your obtaining insurance

cover from any particular provider.

When will the bank return the securities / title deeds deposited as security for

the loan availed?

Banks should return all the securities / documents/title deeds to mortgaged

property within 15 days of the repayment of all dues agreed to or contracted. If

any right to set off is to be exercised for any other claim, the bank will give due

notice with full particulars about the other claims and retain the

securities/documents/title to mortgaged property till the relevant claim is

settled/paid.

How long does a bank take to return the securities / title deeds deposited as

security for the loan availed?

The bank is required to return the securities / title deeds etc. lodged with them as

security for the loan availed within 15 days of repayment of all dues agreed to or

contracted. The bank is required to pay compensation if there is a delay in

returning the documents beyond 15 days.

What happens if the bank loses the documents etc. lodged as security with

them?

In the event of the bank losing the securities /documents, the bank should

compensate the borrower for the loss. The bank is also required to issue a

certificate indicating the securities / documents lost and extend all assistance to

you for obtaining duplicate documents etc.

How long will the bank take to transfer a borrowal account to another bank?

When a request for transfer of a borrowal account is received, the bank is

required to give its concurrence or otherwise within 21 days of receipt of such

request.

What information is the bank required to give the guarantor of a loan?

The bank will tell the guarantor

o His / Her liability as a guarantor;

o Whether the liabilities are limited to a specific amount or they are

unlimited;

o Time and circumstances under which he / she may be called upon

to discharge the liabilit

The bank is also required to keep the guarantor informed of any material adverse

change in the financial position of the borrower.

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