The RBI (Reserve Bank of India) on recently cautioned banks and
prospective housing loan customers about the pitfalls of ‘innovative loan
schemes’ entailing upfront disbursal of individual housing loans to builders /
promoters in cases of incomplete, under-construction and green-field housing
projects.
The banking regulator RBI warned such home loan are likely to expose the
banks as well as the home loan borrowers to additional risks.
The RBI cited risks, such as disputes between individual borrowers
& developers / or builders /
promoters, default / delayed payment of interest / equated monthly instalment
by the developer/builder during the agreed period on behalf of the borrower and
non-completion of the project on time.
Where bank loans are disbursed upfront on behalf of their individual
borrowers in a lump-sum to builders/developers without any linkage to stages of
construction, banks run disproportionately higher exposures with concomitant
risks of diversion of funds.
“In view of the higher risks associated with such lump-sum disbursal of
sanctioned home loans & customer suitability issues, banks are advised that
disbursal of housing loans sanctioned to individuals should be closely linked
to the stages of construction of the housing project/houses and upfront
disbursal should not be made in cases of incomplete / or under-construction /or
green field housing projects” the RBI said.
The regulator RBI emphasised that while introducing any kind of
products, banks should take into account the customer suitability &
appropriateness issues and also ensure that the borrowers / or customers are
made fully aware of the risks and liabilities under such products.
The RBI, in a notification, referred to innovative home loan schemes
introduced by some banks in association with developers / or builders entailing
upfront disbursal of sanctioned individual housing loans to the builders
without linking the disbursals to various stages of construction of housing
project, interest or / EMI on the housing loan taken by the individual
borrower, and so on.
Such schemes also include signing of tripartite agreements between the
bank, the builder and the buyer of the housing unit. These loan products are popularly
known by various names such as 80:20 & 75:25 schemes.
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