Redemption right under SARFAESI extinguished at auction notice publication, vesting purchaser's entitlement to the sale certificate.
The amended SARFAESI framework extinguishes a borrower's right to redeem upon publication of the auction notice; if the borrower has not paid full dues by that date the redemption window closes. Once sale is confirmed under the Rules, the successful auction purchaser gains a vested right to the prescribed sale certificate, and the secured creditor cannot withhold the certificate or enter into a private redemption arrangement with the borrower to the detriment of the purchaser. (AI Summary)
The amended SARFAESI framework extinguishes a borrower's right to redeem upon publication of the auction notice; if the borrower has not paid full dues by that date the redemption window closes. Once sale is confirmed under the Rules, the successful auction purchaser gains a vested right to the prescribed sale certificate, and the secured creditor cannot withhold the certificate or enter into a private redemption arrangement with the borrower to the detriment of the purchaser. (AI Summary)
TaxTMI