Published Jul 10, 2026 4 Min Read

What is the SARFAESI Act

The SARFAESI Act is a law that provides a framework for certain recovery actions relating to secured loans. It sets out procedures that may be followed in specified circumstances involving secured assets.

The Act does not mean that every overdue loan automatically results in recovery proceedings. The applicability of the law depends on the facts of the case, the nature of the loan and the applicable legal requirements.


What is a property action notice under SARFAESI

A property action notice is a communication issued as part of certain recovery proceedings relating to a secured asset. The notice generally informs the borrower about the status of the account and the actions that may follow under the applicable legal process.

Receiving a notice does not automatically mean that the property will be sold immediately. Borrowers should read the notice carefully and understand the information provided.


Why might a borrower receive a property action notice

A borrower may receive a notice when a secured loan account remains unpaid and further proceedings are initiated under the applicable legal framework.

The reasons can vary and may include:

  • Outstanding dues.
  • Continued payment defaults.
  • Events specified under the loan agreement.

The circumstances differ from case to case and depend on the applicable legal process.


What information is generally included in a SARFAESI notice?

InformationPurpose
Loan account detailsHelps identify the account.
Outstanding amountProvides information about unpaid dues.
Details of secured assetsIdentifies the property involved.
Important datesHelps borrowers understand timelines.
Contact detailsEnables communication with the lender.

Borrowers should review the information carefully and keep copies of all communications.

What should you do after receiving a property action notice

A general approach may include:

  1. Read the notice carefully.
  2. Verify the details mentioned.
  3. Review your loan account information.
  4. Gather relevant records and documents.
  5. Contact the lender if clarification is required.
  6. Keep copies of all communications.

Taking prompt action can help borrowers understand the status of their account and the available options.


What happens after a SARFAESI notice is issued

The next steps depend on the facts of the case, the status of the account and the applicable legal framework.

Possible developments may include:

  • Further communications regarding the account.
  • Review of representations or objections, where applicable.
  • Additional proceedings according to the applicable process.

The outcome depends on the circumstances of each case and the relevant legal requirements.


What rights do borrowers have during the SARFAESI process

Borrowers generally have certain rights under the applicable legal framework, including:

  • Receiving information and notices as required by law.
  • Reviewing communications regarding the proceedings.
  • Understanding the amount claimed as outstanding.
  • Seeking remedies available under the applicable legal process.

The rights available depend on the facts and circumstances of the individual case.

Know more

How to complain

Frequently Asked Questions

Can loan settlement help avoid SARFAESI action?

The effect of a loan settlement depends on the terms agreed between the borrower and the lender and the stage of the proceedings. A settlement does not automatically stop or prevent SARFAESI action. Borrowers should communicate with the lender and understand the implications of any settlement arrangement.

How many missed EMIs can trigger SARFAESI proceedings?

There is no fixed number of missed EMIs that automatically triggers SARFAESI proceedings. The applicability of the SARFAESI Act depends on the status of the loan account, the terms of the loan and the applicable legal requirements. Each case is assessed based on its specific facts and circumstances.

What happens after receiving a 60-day SARFAESI notice?

A 60-day notice generally informs the borrower about the outstanding dues and the possible actions that may follow under the applicable legal process. Borrowers should carefully review the notice, verify the details mentioned and take appropriate action within the applicable timelines.

Can Bajaj Finance auction property under the SARFAESI Act?

The SARFAESI Act provides a legal framework for certain actions relating to secured assets, subject to the applicable conditions and requirements. Whether any action, including an auction, can take place depends on the facts of the case and the applicable legal process.

How can borrowers stop SARFAESI action legally?

The options available to a borrower depend on the facts of the case, the stage of the proceedings and the applicable legal provisions. Borrowers should carefully review all notices and understand the remedies available under law. This page is informational and should not be treated as legal advice.

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