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| + | ====== Home loan closed but CERSAI still shows a mortgage charge ====== | ||
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| + | **Reviewed on:** 2026-06-12. | ||
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| + | Do these four things first. | ||
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| + | - Collect your loan closure letter or NOC. Its date starts the lender' | ||
| + | - Run a paid public search on [[https:// | ||
| + | - Write to the lender demanding the satisfaction filing and its CERSAI reference number, quoting circular RBI/ | ||
| + | - If the charge survives past 30 days, escalate to the RBI Ombudsman at cms.rbi.org.in. | ||
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| + | Everything below explains how to do each step properly, and what to do when the lender drags its feet. | ||
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| + | ===== What the CERSAI entry is, in one minute ===== | ||
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| + | CERSAI is the central registry of security interests set up under the SARFAESI Act. When your bank, NBFC or housing finance company gave you the loan, it registered a charge over your property there. Any buyer' | ||
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| + | ===== The 30-day rule and the Rs 5,000 a day compensation ===== | ||
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| + | RBI's directions on responsible lending conduct, circular RBI/ | ||
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| + | If the delay beyond 30 days is attributable to the lender, the lender must compensate you at Rs 5,000 for each day of delay. Count from day 31 after the closure date on your NOC. A 20-day overrun is Rs 1,00,000. Quote the number in your complaint; it concentrates minds. | ||
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| + | ===== How to check the CERSAI record yourself ===== | ||
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| + | - Go to cersai.org.in and open the public search facility. | ||
| + | - Choose **Asset Based Search** if you have the exact property description, | ||
| + | - Pay the small search fee shown on the portal and complete the verification step. | ||
| + | - Download the result as a PDF. If your lender appears as creditor with no satisfaction recorded, the charge is still live. This PDF is your core evidence. | ||
| + | - After the lender claims it has filed satisfaction, | ||
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| + | Never rely on a verbal " | ||
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| + | ===== What to send the lender ===== | ||
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| + | One email to the home loan department or branch, copied to the lender' | ||
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| + | ===== Worked example: a sale nearly lost in Pune ===== | ||
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| + | Meera closed a Rs 32 lakh home loan with a housing finance company in Pune on 4 February and received her NOC the same week. In April she agreed to sell the flat. The buyer' | ||
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| + | ===== The deadline trap: CERSAI is not the Encumbrance Certificate ===== | ||
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| + | Clearing CERSAI does not clear the state Encumbrance Certificate, | ||
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| + | ===== Escalation ladder ===== | ||
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| + | ^ Stage ^ Forum ^ When ^ | ||
| + | | 1 | Branch or home loan department | Immediately, | ||
| + | | 2 | Lender' | ||
| + | | 3 | RBI Ombudsman, cms.rbi.org.in or helpline 14448 | 30 days after your written complaint, or an unsatisfactory reply | | ||
| + | | 4 | Consumer commission via e-Daakhil | Large losses, for example a collapsed sale | | ||
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| + | The RBI Ombudsman route covers public banks, private banks, and most NBFCs and housing finance companies, and it is free. | ||
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| + | ===== RTI route, only for public sector lenders ===== | ||
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| + | If the lender is a public sector bank, file RTI to its CPIO asking for: the date your loan account was marked closed, a copy of the satisfaction of charge filed with CERSAI or proof of non-filing, and the bank's standard operating procedure and timeline for CERSAI satisfaction after closure. An RTI lands on a desk that must answer within 30 days, and that internal attention often gets the filing done. If the reply is evasive, see [[why-rti-gets-rejected|why RTI gets rejected]] before drafting your first appeal. RTI does not apply to private banks, NBFCs or housing finance companies; use the Ombudsman for them. | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== The bank returned my original documents. Is the CERSAI entry cleared automatically? | ||
| + | No. Document return and the CERSAI satisfaction filing are separate acts. Banks often complete the first and forget the second. Verify on the portal. | ||
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| + | ==== My loan was with a bank that has since merged. Who files the satisfaction? | ||
| + | The successor bank inherits the obligation. Write to the successor bank's home loan grievance cell with your old account number and the merged bank's name. The RBI circular binds the successor. | ||
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| + | ==== My loan closed before 1 December 2023. Can I still demand Rs 5,000 a day? ==== | ||
| + | The compensation in circular RBI/ | ||
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| + | ==== Who pays the CERSAI search fee? ==== | ||
| + | You pay the small public search fee. It is worth paying twice, once to prove the live charge and once to confirm the satisfaction. Keep both PDFs. | ||
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| + | ==== I only part-prepaid and took a top-up. Why does CERSAI still show a charge? ==== | ||
| + | Correctly so. The charge stays until the full secured debt is repaid. The 30-day removal duty triggers only on full repayment or settlement of the account. | ||
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| + | ==== Does the active CERSAI entry hurt my credit score? ==== | ||
| + | No, CERSAI is not a credit bureau. But a stale loan record can hurt your score separately; see [[practical-guides: | ||
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| + | Related guides: [[practical-guides: | ||
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| + | Download the CERSAI charge removal checklist (PDF).===== CERSAI mortgage lien not removed after home loan closure: How to get it removed? ===== | ||
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| + | When your home loan is closed but CERSAI still shows the lien, here is the complete guide to get it removed: | ||
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| + | - **Step 1: What is CERSAI?** (a) the Central Registry of Securitisation Asset Reconstruction and Security Interest (CERSAI) is a central registry for security interests created by banks/ | ||
| + | - **Step 2: Common problem.** (a) the loan is fully repaid and the bank issues a closure letter, (b) but the bank does not file the satisfaction entry with CERSAI (the lien remains on CERSAI), (c) when the borrower tries to sell the property or take a new loan, the new lender finds the lien on CERSAI and rejects the application, | ||
| + | - **Step 3: Step-by-step removal.** (a) obtain the loan closure letter from the bank (this confirms the loan is fully repaid and closed), (b) obtain the NOC (No Objection Certificate) from the bank (this confirms the bank has no objection to removing the lien), (c) request the bank to file the satisfaction entry with CERSAI (the bank is obligated to do this within 30 days of loan closure — as per CERSAI regulations), | ||
| + | - **Step 4: Check CERSAI status.** (a) visit cersai.org.in → " | ||
| + | - **Step 5: File RTI.** File RTI with the bank (if public sector bank — under RTI Act) asking for: (a) the date of loan closure, (b) whether the satisfaction entry has been filed with CERSAI (if yes: provide the date and CERSAI reference number), (c) if not filed: the reason for delay, (d) the expected date of filing the satisfaction entry. | ||
| + | - **Step 6: Escalation.** (a) file a complaint with the Banking Ombudsman (RBI — at rbi.org.in → " | ||
| + | - **Step 7: Preventive measures.** (a) at the time of loan closure: insist on a written commitment from the bank that the CERSAI satisfaction entry will be filed within 30 days, (b) check CERSAI status 30 days after loan closure (if the lien is still active: follow up immediately), | ||
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| + | See [[https:// | ||
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| + | {{tag> | ||