Sunday, April 10, 2011

Home Loan Interest Rates & Procedure--By Gen. Sec. ACRI


The following information for Home Loan rates and Procedure could be useful for you. Pls find this valuable information for your perusal.
Regards
J.S.Brara
Gen Sec-ACRI (Association of Certified Realtors of India)


Home Loan Interest Rates                                     
Interest rate on home loan is something that one has to pay in lieu of the loan provided by the bank/financial institution. Home loan Interest rate is very important element when it comes to choosing a home loan for a customer & it also helps the customer on taking right decision or on pinning down that through which bank or financial institution he or she can go for. Depending on this interest rate, the loan amount and the tenure of the loan, your EMI is calculated which is how you repay your loan to the bank. In case the interest rate is higher, the EMI would be higher and in case the interest rate is lower, the EMI would be lower. Thus y choosing a bank with a lower interest rate, you can certainly increase your monthly savings. But please keep in mind that interest rate is not the only criteria to choose a loan. There are various other parameters as well. The EMI is calculated on a monthly reducing balance method.
Your home loan eligibility or how much loan you are eligible for is also calculated on the basis of the interest rates. In case you opt for a bank with a lower interest rate, then your eligibility will be higher compared to a bank that is offering a higher interest rate.
Types of Home Loan Interest Rate:-
1) Fixed Interest Rate: A rate which is set In-advance or which is predetermined for entire term of Home Loan.
Let’s take an Example:
Mr. X has a taken home loan from ABC Bank of Rs. 25 lakhs for 20ys. at an interest rate of 11.50% pa.
Then his EMI will be Rs. 26661 which he needs to pay for entire term of loan that is 20 years
Please note that most of the fixed home loan interest rates products available in the market are not fully fixed. Most of them come with a reset clause of 3 to 5 years. This means that the interest rates can be reset after a period of every 3 to 5 years (as mentioned in the loan document).
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2)   Floating Interest Rate: A rate which is linked to a benchmark rate or the base rate of the bank or the financial institution. The floating home loan interest rate will change as and when the bank will change its benchmark rate or the base rate.
Let’s take an Example:
Mr. Y takes a floating rate home loan from ABC Bank of Rs. 25 lakhs for 20yrs.
For the initial year the interest rate may be around 9.5% that may change to 10% for the first 4 months of the 2nd year and after that it may change to again. It is not that the rates are always increasing, there are many times, when the clients benefit when the interest rates go down. When the interest rates changes, the customer is given an option to either increase or decrease the tenure or the EMI In case, the customer chooses to change the EMI, he will spend more when the interest rate increase and will save more when the interest rate decreases.
So, here we saw the simple understanding of what is Fixed Rate & Floating/Variable home loan interest rate. Generally, the interest rates for floating rates for home loans are cheaper than interest rate for fixed rates for home loan.

When applying for a Home Loan

Virtually every young family in India aspires to own a home. A Home Loan is a great way to part finance the dream home that you always wanted to own. Here are the top 6 factors to keep in mind before applying for a home loan:
1)      Get your own credit report
Apply online at http://www.cibil.com/accesscredit.htm and follow the instruction given there to get a copy of your own credit report. Check your credit report thoroughly to spot errors. If need be, use our advisory services on CIBIL Report to get any errors corrected. Remember any errors in your credit report can reduce your chances of getting a good home loan offer.
2)      Finalize property first before you finalize your home loan lender.
Lenders reserve their best rates for immediate disbursement customers and hence customers who have finalized property get the best possible home loan offers. Also if they have any issues with your property it will get highlighted before you incur too much effort and costs. Some lenders may not be comfortable with you buying a plot and self constructing on it. Some lenders will not fund under construction property unless the developer is pre-approved with them. A lot of lenders can have issues if the property you are buying is more than 15-20 years old.
3)      Be prepared to lose out on the processing fee.
Most companies charge a non refundable processing fee which will not be refunded even if you decide not to use the loan sanction. The lenders incur costs for sanctioning your loan and hence in most cases this is non refundable. If anybody is promising you that the processing fee cheque will not be put in without your prior approval or that the processing fee will be refunded if you do not accept the sanction the chances are that he is lying.
4)      Fixed rates are rarely fixed:
Understand the interest rates chargeable to you. The fixed costs quoted are normally fixed only for a period of 12 to 60 months and can be revised thereafter.  Understand the rates chargeable to you by seeing our detailed home loan comparison table and then decide.
5)      Make a provision for higher down payment:
Lenders carry out an independent valuation of the property being bought and they will fund around 80-85% of the valuation amount as determined by their valuers. These independent valuers normally are conservative and value the property (especially property bought on resale) much lower than what you might actually be paying for it. While you can ask for a second valuation (at your cost off course) you should be prepared to shell out the difference between the actual price being paid by you and the valuation made by the bank over and above the 15-20% down payment required from you.
6)      Let your Family inherit your home not your home loan
Make sure to review your insurance requirement when you take on a home loan. If you are underinsured make sure you buy a term policy (it is anyway cheaper than a so called loan cover policy for the entire amount of loan so that the family can pay off the loan in the event of the borrower’s death during the loan tenure. Also consider buying a critical illness rider that will pay off the loan in the event of the borrower suffering from critical illnesses such as Kidney failure, paralytic stroke, cancer, etc.
Do not sign blank application forms or documents and keep a copy of all documents submitted to the lender for your future reference. Any promise made by the DSA or even an official of the lender has no value unless it is in writing or at least on email.
So if you are basing your decision on any such promise make sure you get it in record in some form.

When applying for a Loan against Property

A Loan against Property is what you get when you mortgage your property to raise money whatever be the purpose. Most typically people use a loan against property as a business loan to grow their business or to fund their children’s education/ marriage. Here are some things to keep in mind when applying for a Loan against Property.
Get your own credit report Apply online at http://www.cibil.com/accesscredit.htm and follow the instruction given there to get a copy of your own and your guarantor’s credit report. Check your credit report thoroughly to spot errors. If need be, use our advisory services on CIBIL Report to get any errors corrected.  Remember any errors in your credit report can reduce your chances of getting a loan against property offer.
Loan eligibility will also depend on your income: The lender will sanction a loan based on both the value of the property as well as your regular income. Since it is not easy to repossess and sell off a property the lenders will depend on your income source to make repayments on the loan. As a thumb rule you can get about 50% of the value of the property or 2-3 times your annual income as a loan (whichever is lower)
Loan against property is more expensive than a regular home loan: In a regular home loan the end purpose of the loan is clearly known as payment to the seller of the property. A loan against property can be used for any purpose and repayment may depend on the returns received from such activity. Hence it is riskier for the lender and they charge more to provide for the extra risk.
Lenders will value the property independently: Lenders carry out an independent valuation of one of the loan limits will be around 50-60 % of the valuation amount as determined by their valuers. These independent valuers normally are conservative and value the property much lower than what you might actually think the market value is. While you can ask for a second valuation (at your cost off course) you should be prepared to settle for a lower loan limit if the property value is the limiting factor for loan eligibility.
Get an education loan against the security of the property if that is the end purpose of the loan against property. It is cheaper and comes with easier repayment terms including repayment holidays.
Do not sign blank application forms or documents and keep a copy of all documents submitted to the lender for your future reference.
Any promise made by the DSA or even an official of the lender has no value unless it is in writing or at least on email.
So if you are basing your decision on any such promise make sure you get it in record in some form.
What is LAP?
It is basically a kind of loan against the security of one’s property.
How is LAP different from PL?
There are distinct differences between a LAP and a personal loan. If you can spend a little more time in processing and documentation, a cheaper loan than Personal Loan (PL) is a Loan against Property (LAP).
LAP is a personal loan given by mortgaging your house property. The loan is given as a certain percentage of the property’s market value, usually around 40-60 per cent. LAP interest rates are cheaper by 3- 4 per cent compared to personal loan rates.
Loan against PropertyPersonal loan
The individual takes the loan by mortgaging the house property.
One of the cheapest retail loans after home loans.
Maximum loan eligibility is determined primarily by the value of the property and income.
Maximum loan tenure for LAP is up to 15 years (180 months)
Secured loan
An individual can take a personal loan for personal usage without any security or guarantor
Higher interest rates compared to LAP
Maximum loan eligibility is determined primarily by an individual’s income.
Maximum loan tenure for personal loan is up to 5 years (60 months)
Unsecured loan
Loan against Property: Should you go for overdraft or EMI?
You can take the entire loan amount as a lump sum and repay in equated monthly installments (EMIs), or as an overdraft account.
Do you need to show proof of income for Loan against Property?
Even though you are taking a loan against your property, you need to show that you have income. A personal loan is more expensive as compared to a loan against real estate.
Loan against property: Process
There are several steps in a loan against property process. It is important that title deeds are in place.

Home Loan: The Process

The various stages of a home loan, since application till the actual sanction
Now that you have selected the property and have an idea about your loan eligibility, the next step is to apply for the home loan. The tips below help you make the home loan process least painful.
The home loan roadmap
The process of taking a home loan can be daunting, especially if you have never applied for any loan earlier. And ignorance on your part can not only make it an unpleasant experience, but also prove to be costly. Here is a step-by-step guide to equip you with the right info, so you know what to expect.
From applying for a home loan to getting it involves various stages. These are:
Step 1: Application form
Step 2: Personal Discussion
Step 3: Bank’s Field Investigation
Step 4: Credit appraisal by the bank and loan sanction
Step 5: Offer Letter
Step 6: Submission of legal documents & legal check
Step 7: Technical / Valuation check
Step 8: Valuation
Step 9: Registration of property documents
Step 10: Signing of agreements and submitting post-dated cheques
Step 11: Disbursement
1. Applying for a loan
Filling up the application form is the first step. The look of an application form may differ from bank to bank, but nearly 80 per cent of the information they need is similar. Most of this is basically your personal and professional information, details of your financial assets and liabilities and the details of the property (if finalized) including the estimated cost and the means of financing the same.
Documents to submit
While submitting the application form, every bank asks for several documents. And most banks these days provide doorstep service, so that you don’t have to spend time visiting their office to submit the documents. However, some banks still insist on the customer visiting their offices at least once.
Proof of income: This will need to be backed up by proof such as copies of last three years’ Income Tax returns (along with copies of Computation of Income/Annual accounts, if any), Form 16/Form 16A, last three months’ salary slips, copies of the last 6 months’ statements of all your active bank accounts in which your salary/business income details are reflected, etc. Other documents that you need to provide with your application form include age proof, address proof and identification proof. You may also be asked to give your employment details.
Age proof: Copy of your school leaving certificate/Driving license/Passport/ration card/PAN card/Election Commission’s card/etc.
Address proof: Similar documents need to be provided to prove that you are actually staying at your current address.
Identification proof: Same as above, but with photograph. Sometimes, the same document if it contains a photograph, the current residential address and the correct age can be the proof for all 3 things.
Your employment details: If your company is not well-known, then a short summary about the nature of the company, its business lines, its main customers, its competitors, number of offices, number of employees, turnover, profit, etc may be needed. Usually, the company profile that is available on the standard website of the company is enough.
Financial check
All the income-related documents you submit serve a specific purpose. The lending institution uses them to study your financial status.
The bank statements you submit are scrutinized for:
Level of activity in the case of self-employed persons, this gives a very good clue about the extent of business activities.
Average bank balance a cursory glance at the average bank balances maintained in a savings bank account speaks volumes about the spending/saving habits of any individual.
Cheque returns a small charge debited by your bank in the statement indicates that a cheque issued by you was returned by your bank. Many such cheque returns can have a negative impact on your loan sanction.
Cheque bounces if cheques deposited by you are returned by the issuer’s bank, they will be visible in your bank statement and again, banks have specific norms as to how many such returns are acceptable in a period of one year.
Regular periodic payments the existence of periodic payments to other finance companies/banks etc. indicate an existing liability and you will need to provide full details to the lender.
Your investments also come under the scanner. This helps the bank to estimate your ability to pay the down payment as well as your savings habit.
Processing Fee
Along with the application form and the credit documents, banks ask for a processing fee. This fee varies from bank to bank, but is usually around 0.25% to 0.50% of the total loan amount. For instance, if you take a loan of Rs 10 lakhs, you will have to pay around Rs. 2,500 to Rs. 5,000 as processing fee. The agent dealing with you earns a commission from the bank, which to some extent is also affected by the amount of fees paid by you.
Most banks have flexible fee structures, and it is advisable that you negotiate hard to find out the bank’s minimum possible fees though it is unlikely that a bank will agree to provide a loan without any upfront fee at all. Some banks have zero upfront fee loans, but that advantage may be negated as their other charges such as “legal charges” and “stamp duty” are normally higher.
This fee is collected to maintain your loan account, and includes work like sending Income Tax certificates every year, maintaining post-dated cheques, etc.
Quick tips
When applying for a loan, it will help to keep copies of your income proof handy.
For self-employed persons, if the income has increased dramatically in the past year, have your explanation ready as to why you think this is a permanent increase in your income rather than just a one-time aberration which might be reversed in later years. If the bank is convinced with your explanation, then the loan eligibility can be considered in relation to the latest income rather than considering the much lower average income.
2. Personal discussion: Face to face
After you’ve formally and successfully completed the application process, all you have to do is wait till the home finance institution evaluates your papers. The wait normally lasts only a day or two or sometimes even less. However, some banks insist on meeting you after receiving the application form, and before the loan sanction. This is to gather more details about you that may not be mentioned in the application form and to reassure them of your repayment capacity.
Again, this stage is insisted upon only in very few cases these days.
Quick tips
While going for the personal discussion carry all the original documents pertaining to the information provided on the application form for the personal discussion.
Avoid submitting any fake documents and do not lie about the financial details requested; banks process home loans only after they are convinced about your credentials.
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3. Field Investigation: Checking you out
Thousands of people apply for loans everyday. And however eager a bank is to complete its targets, every loan is a risk. So, it is only natural that it confirms or validates the details you provide. The bank checks all your information including your existing residential address, your place of employment, employer credentials (if you work for a small organization), residence and work telephone numbers. Representatives are sent to your workplace or residence to verify the details.
Even the references you have provided in the application form are checked out.While this may sound irritating and an invasion of your privacy, banks is forced to undertake validation in the absence of any credit bureau. Once your credentials are validated, it helps establish trust between you and the bank.
Quick tips
The address and telephone number verification work is usually outsourced to small firms and the ability of the representatives is often uneven. Hence, interaction with them may not always be smooth.  When the validation process starts, expect to reschedule some of your other work for being available to furnish details required.
4. Credit appraisal and loan sanction: Getting the nod
This is the make-or-break stage. If the bank is not convinced about your credentials, your application may get rejected. If it is satisfied, it sanctions your loan.
The bank or the home financier establishes your repayment capacity based on your income, age, qualifications, experience, employer, nature of business (if self employed), etc, and based on these, works out your maximum loan eligibility, and the final loan amount is communicated to you. The bank then issues a sanction letter. This letter may either be an unconditional letter, or may have certain terms and conditions mentioned, which you have to fulfill before the loan disbursal.
Quick tips
Final loan amount and your loan eligibility are two different things. Once you know what you are eligible to get, you can decide on the loan amount. Just because you are eligible for a huge sum does not mean you should borrow heavily.
The sanction letter is an important piece of document and you should keep it safely.
5. Offer letter: I do…
Once the loan is sanctioned, the banks sends you an offer letter mentioning the following details:
  • Loan amount
  • Rate of Interest
  • Whether fixed or variable rate of interest linked to a reference rate
  • Tenure of the loan
  • Mode of repayment
  • If the loan is under some special scheme, then the details of the scheme
  • General terms and conditions of the loan
  • Special conditions, if any
Acceptance copy
If you agree with what is mentioned in the offer letter from the bank; you will have to sign a duplicate letter of the same for the bank’s records. Earlier, banks used to charge administrative fees along with the offer letter. However, with rising competition, administrative fees have virtually disappeared from the home loan market.
Quick tips
Check if the rate of interest mentioned and the loan amount on the letter is the same that was discussed and agreed upon.
Home loan rate of interests can be negotiated, use the fact to your advantage.
6. The legal angle: Property and papers
Now, the focus of the bank’s activities shifts from you to the property you intend to buy. Once you select your property, you need to hand over the entire set of original documents pertaining to your property to the bank so that it can keep them as security for the loan amount given to you. These normally include:
The title documents of your seller, which prove the seller\’s title including the chain of title documents if he is not the first owner.
NOC’s from the legal owners such as cooperative housing societies, statutory development authorities, the lesser of the land in the case of leasehold land, etc. NOCs are not required where the property is situated on freehold land and the entire land is being transferred along with the structure.
These documents remain in the bank’s custody until the loan is fully repaid.
Legal check
Every bank conducts a legal check on your documents to validate their authenticity. Even the draft sale documents that you will be entering into with your seller will be scrutinized.
The documents are sent to a lawyer in their panel (either in-house or outsourced) for a thorough scrutiny. The lawyer’s report either gives a go-ahead if documents are clear, or it may ask for a further set of documents. In the latter case, you are expected to hand over the additional documents to the bank for a clear title.
So, if a bank decides to disburse your housing loan, you have every right to smile, since you can safely assume that your property documents are clear and the transaction is safe.
Quick tips
Sometimes the bank may ask you to pay for the legal verification. However, most banks cover the costs in the upfront (processing) fee that you pay.
Property documentation in India is non-standard and non-transparent. Hence, it helps to buy property from a reputed developer since they know the process inside out, and keep all the documents ready.
Due to the heavy transfer charges on sale of property and/or very heavy stamp duties, some people conduct sale of property by showing “lower consideration” than agreed for, with the balance being paid either on an amenities agreement or in cash. Also the concept of sale by executing “irrevocable power of attorney” has gained ground especially in the National Capital Region. All this could restrict the choice of your lenders and may therefore increase the cost of the loan, which you might want to keep in mind while finalizing such properties.
7. Technical / Valuation check: Making doubly sure
Banks are extremely careful about the property they plan to finance. They send an expert to visit the premises you intend to purchase. This expert could either be a bank employee or he could belong to a firm of architects or civil engineers.
Site visit
The site visits to your property are conducted to verify the following:
In case of under construction property
  • Stage of construction is the same as that mentioned in the payment notice given to you by the builder.
  • Quality of construction
  • Satisfactory progress of work.
  • Layout of flats and area of property is within permissions granted by the governing authority.
  • The builder has the requisite certificates to start construction at the site.
  • Valuation of the property in relation to other deals in the surrounding areas.
In case of ready/resale construction
  • External / internal maintenance of the property.
  • The age of the building.
  • Will the building last the loan tenure? This has a direct bearing on your loan eligibility, since the loan tenure will be restricted to the maximum age of the property as decided by the bank’s engineer and this will impact your loan eligibility.
  • Quality of construction.
  • Surrounding area (development).
  • Whether the builder has received the requisite certificates for handing over possession of the flat.
  • There is no existing lien or mortgage on the property.
  • Valuation of the property in relation to other deals in the surrounding areas.
  • These inspections are carried out to protect consumer interests in terms of construction quality, adherence to local laws, approved building plans, etc. A technical inspection also lets the bank understand the progress of construction so as to release the staggered disbursements.
Quick tip
Do not circumvent or skip this stage and ensure that it is completed as early as possible. As a buyer, it gives you confidence that your property has been inspected by experts and that you are buying an asset that is legally clear and technically sound. The fee for this service, like the legal check, may either be built into your upfront fee or be charged separately by the Bank
8. Valuation: Reality check
Since housing loans are cheaper than other loans, there have been cases where individuals have shown purchase of properties from related entities at inflated prices to obtain cheap loans.
Since the risk associated with diversion of funds is higher than if the loan was used for genuine purposes, banks carry out an independent valuation to find out whether the transaction is in line with the existing market price of the area.
Valuation has become a key parameter in determining the loan amount that can be sanctioned by the bank. The valuation process is quite subjective and depends on the quality and ability of the person sent by the bank for valuation.
Valuation of real estate as a profession is still in its infancy in India and is still non-standardized. In many cases, the valuer determines the value of the property at an amount that is lower than the documented cost of the property and this would result in the loan amount being lower, since the bank funds a certain percentage of the cost or valuation of the property, whichever is lower.
This practice has led to severe consumer issues in an increasing number of cases, as the valuation is normally done only after the consumer takes a sanction (by paying a fee) and after identifying and committing to buy the property.
The valuation issue rarely arises when a property is purchased through a reputed builder directly or if the property is pre approved. In both the cases, the banks would have already completed the valuation and therefore, you can safely assume that there is no difference between the documented cost of the property and the bank’s valuation amount.
Quick tip
Some banks will charge a special fee to cover these costs or may ask you to pay the valuer directly, though for most banks, the upfront fee covers these fees as well.
Approach banks which are willing to do the valuation even before the sanction process and before you pay any fee to the bank.
9. Registration: Sealing the deal
After the legal and technical / valuation check, the draft documents as cleared by the lawyer need to be finalized and signed and the stamping and registration of the documents need to be done. Also, if any NOCs are pending, these need to be obtained in the format approved by the bank’s lawyer.
10. Signing the home loan agreement: In black & white
All borrowers need to sign the home loan agreement. You also need to submit post-dated cheques for the first 36 months (if that is the agreed mode of repayment). The original property documents have to be handed over to the bank at this stage. Some banks also create a document recording the handing over of the property documents to them as security for the due repayment of the home loan.
This document is also called a memorandum of entry and attracts significant stamp duty depending on the amount of the loan in some states. The stamp duty payable on such a memorandum is naturally recovered from you.
Not all banks create this memorandum and hence the stamp duty may or may not be payable, depending on the practice of the specific bank. However, even where no such memorandum of entry is created, the state government concerned may, in the future, demand a stamp duty on the loan transaction, which naturally is recoverable from you as per the home loan agreement signed by you.
11. Disbursement: The big payout
After the bank has ensured that the property is legally and technically clear, all the original documents pertaining to transfer of ownership of property in your favor have been submitted and all the necessary loan agreements have been executed, finally, it is payment time! You will now actually receive the cheque in your hand. Time to celebrate! But hold on a second. Before the big moment arrives, you need to submit documents to prove that you have paid your personal contribution towards the property, since banks normally finance only up to 85-90 per cent of the total cost of the house.
In case you are expecting money from other sources to fund your own contribution, you need to provide sufficient evidence for the same. It is only after submitting this proof that the bank will release part-disbursement of the loan.
The cheque will be in the name of the reseller (for resale flats), builder, society or the development authority. It is only in exceptional circumstances, that is, if you provide documents to support that you have made an excess payment from your own account that the cheque will be handed over to you directly by the bank.
Quick tips
All banks charge interest on the loan amount from the day on which the cheque has been made and not from the day on which the cheque is handed over to you/seller. So, take delivery of the cheque the same day or the very next day to avoid paying extra interest on money.
Disbursement in stages
Usually, loans are disbursed on the basis of the stage of construction of the property. So, in case of resale or ready possession properties, the disbursement is full and final. However, in case of under-construction properties, the payment is made in parts, also known as part-disbursement.
Each option would have different disbursement processes.
Part disbursement: When a loan is partly disbursed, the bank does not start EMIs immediately, since it is calculated on the total loan amount at a particular rate of interest and for a given tenure. Moreover, it normally does not start breaking up the installments into its principal and interest components until the entire loan amount is disbursed.
To overcome this difficulty, banks charge simple interest on the partly disbursed loan amount. For instance, if you have a sanctioned loan of Rs. 10 lakhs, but the property is under construction and the bank has disbursed only Rs. 4 lakhs, you will be charged a simple interest only on the disbursed amount. This process continues until the final disbursement takes place. The simple interest paid is called Pre-EMI interest or Pre-EMI.
At this stage, banks may take only around three to six post-dated cheques on account of Pre-EMI.
Quick tips
  • Always ensure that the amount of simple interest is available in your bank account to avoid dishonor of the cheque.
  • The systems of most banks do not track Pre-EMI payments as effectively as EMI payments. However, as per the loan agreement, your liability to pay Pre-EMI is absolute and without receiving any reminder from the bank. You may have to pay a delayed payment charge if your Pre-EMI is delayed. So, it is in your own interest to keep track of the number of PDCs given to the bank for Pre-EMI and replenish them, should the need arise.
  • Submit the demand letter from the builder as and when raised, to ensure that the balance disbursement can take place.
  • Collect the receipt from the builder for the part-disbursement and hand it over to the bank.
  • Ensure all the above are complied with till the final disbursement of the loan.
Full and final disbursement: If it is a ready-possession property, the bank disburses the entire loan amount in favor of either the reseller or the builder.
Quick tips
Take time to fill in the loan documents before you sign them. Some columns may have to be kept blank as the exact amounts may not be known, but this should be limited.
The bank is supposed to return a copy of the loan documents signed by its authorized signatory but that rarely happens in practice without sustained follow-up.
Keep photocopies of all documents/agreements/letters submitted to the bank to avoid any misunderstandings later.
The relationship continues…
The final disbursement does not end your relationship with the bank. In fact, it is just the beginning. And there are various issues / situations that arise in between the beginning of the relationship and its end.
These include:
  • Post-disbursement documents
  • Repayment
  • Income tax certificate
  • Prepayment
  • Loan preclosure/satisfaction
  • Post-disbursement documents
Payment receipt: Once the bank hands over the pay order to you, you in turn are expected to hand it over to the reseller or the builder. You should get a receipt from them for the payment and hand it back to the bank, as it will become part of your mortgage documentation.
Share certificates: In case your property is part of a society, you will need to get the flat transferred to your name by asking the society to issue the share certificate in your name and recording the transfer of ownership in their books.
This normally happens at the first AGM/EGM after the sale transaction. This transferred share certificate also happens to be a part of the mortgage documentation and has, therefore, to be handed over to the bank after the transfer takes place.
Repayment
The loan is generally repaid by equated monthly installments, using post-dated cheques. Banks usually ask for 12, 24 or 36 PDCs, after which you need to repeat the process until you have repaid the loan. Some banks may also insist on a cheque for an amount equivalent to the loan outstanding at the end of PDC period to ensure timely replenishment of PDCs for the next 12, 24 or 36 months as the case may be.
In case your installments are to be deducted against your salary, you need a letter from your employer accepting this arrangement and directly remitting the amount to the bank every month. This is possible only if your organization has an arrangement with the bank for all employees.
Some banks allow you to give standing instructions to the bank where you have your savings/current account to deduct money each month crediting your home loan account.
Some banks allow the monthly installments to be paid by convenient ECS facility.
Another possible mode of payment is by cash or demand draft (not all banks offer this). You can deposit the EMI every month at the bank’s office.
Income Tax certificate
Every bank issues an income tax certificate that serves as requisite proof to let you avail of tax benefits that accrue on repayment of a home loan. This will typically contain the total amount of interest and capital repaid during the year.
This is mandatory to claim the tax benefit in respect of self-occupied property. You will have to file this with your tax returns and submit this to your employer or chartered accountant to calculate your tax liability.
Prepayment
You can prepay a loan either in part or in full at any given point of time. You can also prepay it even when it is only partly disbursed. However, most banks have an upper limit on the number of times a person can prepay his loan in a year as well as on the minimum amount you can prepay each time.
Until recently, banks charged a penalty for part or full prepayment. But increased competition has forced most banks to allow partial prepayment at nil charge.
Most banks levy a prepayment charge if you make full repayment and ask for release of your property documents.
Loan pre-closure/satisfaction
You also have the option of completely repaying the loan at any time. Of course, each bank has its conditions for preclosure. Also, the loan will get completely paid off on the expiry of the tenure of the loan if you have paid all your installments on time.
Once you have completely repaid your loan, ensure that the entire set of original property documents is handed back to you. You should also ask the bank for a No-Objection Certificate saying the account has been cleared. As an option, the bank may issue a consent letter stating that the property is now free from mortgage.
If you have guarantors, the bank will issue a separate letter for each of the guarantors stating that their liability has come to an end. Only after you receive these documents can you say that the property is now completely free of mortgage.
At this stage, in some cases, you may discover that the original documents have yet not been received by the bank from the registrar. In such cases, you will need to follow up with the registrar and get the documents from them directly by showing them a copy of the bank’s clearance certificate.
Sometimes, (and we must stress only sometimes) the bank may misplace your original property documents leading to avoidable stress. In fact, the bank may claim that these documents were never given to them at all. Hence the importance of insisting on a proper receipt of title documents while handing them over to the bank.
Remember that receipt will come in very useful when the loan is fully paid off. Also, it is extremely useful when you want to shift your loan to a new lender.

Home loan for NRI, documents, tax deduction benefits

NRI\’s can get home loan and tax deduction benefit, but additional documents are required.
Who is an NRI?
An NRI is an Indian citizen, holding a valid Indian passport and is staying abroad for employment, business or vocational purposes.
By the Reserve Bank of India and the Income Tax Act definition of this term, it also includes Indian citizens staying abroad for an uncertain duration due to certain circumstances.
As per the Foreign Exchange Management Act (FEMA), two categories of people can qualify to be NRIs:
  • Indian citizens (who have valid Indian passports), who are residents in a foreign country.
  • They could also be Persons of Indian Origin (PIOs) who are residing outside India. To qualify as a PIO either you or your parents/grandparents should have been citizens of independent India.
Citizens of neighboring countries such as Pakistan, Bangladesh, Nepal, Bhutan, Sri Lanka, Maldives, Iran, China or Afghanistan do not qualify to be termed as a PIO.
NRIs can buy properties in India and avail housing loans in respect of residential properties from banks.
NRIs cannot buy agricultural land/farm house/plantation property in India.
NRIs can avail home loans
  • To purchase a residential house either under-construction or on resale.
  • For self-construction of a residential property on a plot of land in India.
  • To finance the purchase of a plot of land allotted by a society / development authority.
  • To renovate / improve an existing residential property in India.
NRIs can avail up to 85 per cent of the cost of residential property as a home loan.
An NRI can get a loan of up to 36 times the gross monthly earnings. Calculation of eligibility is same as that of Indians living in the country. You can also calculate the amount of loan you are eligible for, here.
However, in case of an NRI, there is a stress on certain pre-requisite for the loan sanction like:
  • Qualifications
  • Current job profile
  • Past experience
  • Probability of continuing abroad for the loan tenure
  • Probability of servicing the loan with an extended tenure in case of return to India
  • The Loan To Value (LTV) ratio for NRI customers varies from one bank to another, though the manner of calculation is the same in case of a regular home loan
  • The down-payment for the home loan is permitted through direct remittances from abroad through normal banking channels or from deposit accounts in India including NRO account.
  • The income taken into account for calculating the home loan eligibility is the repatriable income plus any income in India. For NRIs working in countries that restrict repatriation such as African countries, only the repatriable portion of the income is considered for calculating loan eligibility.
Though the regular home loan tenures can exceed up to 25 years (as in case of current times due to increase in interest rates), loan tenure for NRIs is 10 to 15 years.
Along with documents required for a home loan, some additional documents are required to be submitted along with the application form for a NRI home loan. The list of additional documents is:
  • A copy of your passport and visa.
  • General Power of Attorney (POA) in favor of a local person as per the draft of the Bank (Specimen POA-link) duly attested by the Indian consulate at the place of your residence. In case the loan borrower is in India, the POA can be locally notarized. Most banks require the POA to ease the process of dealing with you. The POA holder only gets the powers that you give and does not have the power of dealing with the property.
  • A copy of the appointment letter and contract.
  • A copy of the labor card/identity card (translated in English duly countersigned by the consulate) if employed in the Middle East.
  • Salary certificate (in English) specifying name, date of joining, designation and salary details.
  • Bank statements for the last six months-both domestic (NRE/NRO/FCNR) and international
  • Contract slip with income details in case you are employed in the merchant navy.
  • Copy of local income tax returns filed in the country of residence
Loan eligibility can be enhanced by taking a joint loan with relatives. However, for credit reasons banks allow only a select list of relatives to be joint owners of the property.
Repayment of home loans for NRIs is permissible through specific sources:
  • By remittance from abroad through recognised banking channels
  • From any deposit accounts maintained validly in India including Non-resident (Ordinary accounts)
  • From rental income derived from the property
  • By specified close relatives
If the housing loan is preclosed due to availability of surplus funds or due to switching lenders, loan pre-payment penalty will be charged by the bank.
Usually, the pre-payment penalty is around 2 per cent of the outstanding house loan.
Tax deduction benefits on home loan repayments cannot be availed unless the returns are filed in India. Tax deduction benefits and implications on property owned in India, under-construction or ready; remains the same for NRIs as in case of Indians.

3 comments:

Unknown said...

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Unknown said...

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Anonymous said...

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