Bank attachment of properties is a legal practice that most home buyers do not give serious consideration until it becomes a serious issue to them. As loan defaults are increasing day by day and mechanisms for recovery are tightening, banks are rapidly using the properties to repay the unpaid loans. To the buyers who particularly want to buy resale homes or any type of residential plots, it becomes utmost important to know how the attachment of property works to avoid both legal and financial risks. Real estate awareness sites like Neevilas tend to keep on emphasizing the need for due diligence that must be paid prior to finalizing any kind of property.
What is the process of Attachment of Property means?
Attachment of property takes place when the bank or any kind of financial institution tends to obtain the legal possession of the property because of the failure by the borrowers to repay the loan amount. There are numerous laws that deal with attachment of property, and the SARFAESI Act is the one that empowers the banks to attach and auction the property in some cases without having the burden to get an order of attachment from the court.
After the attachment of property, a property is not transferred legally or is not sold until the dues are paid. The consumers who get into an agreement with attached properties without knowing that there exists risk of losing the property, tends to stay in danger of losing the money spent. It is noted by Neevilas that attachment is not necessarily visible on-site and that raises the concerns of doing the document verification.
How it affects the Buyers
A large number of buyers expects that having the possession of property or any registered agreements provide the title of an owner to the buyer. In the cases, where the building is already attached to the bank for repayment of loan than also a registered sale deed can provide no good title to the purchaser. In between the buyers or the bank, the banks hold a superior position over the property laid for the attachment and on such issue the buyers need to knock the door of court for the title. Based on the previous instances, Neevilas notices that a property sold at a very low price can be indicative that it may be a property that has been used to secure a loan.
Purchasing Auctioned Property
In other instances, customers willingly buy bank-attached real estate by auctions. Although the prices of these properties are usually set at a good price, the buyer needs to be informed that the price of an auction is as-is-where-is. There may still be problems like unpaid municipal dues, delays in possession, or litigation pending. These risks and costs need to be considered by buyers prior to the bid. Such sources of information as Neevilas encourage buyers to be careful about the terms of the auction and visit the site as much as possible.
Buyers need to go beyond paperwork and need to make sure that property suffers with no financial encumbursement. Buyers can secure their investment by properly checking, consulting a lawyer and having knowledge of the recovery laws. By remaining updated with credible real estate knowledge media like Neevilas, the buyers can make well-informed and safer choices on properties.


