Interdicts
The first thing the attorneys do when there is an interdict is to open a file and do a deeds search. From there they determine the following:
- Property description.
- Ownership information.
- Bonds.
- Attachments.
What happens if there is an attachment (interdict) over the property?
- Need to obtain the information pertaining to the interdict – NB!!!!
- Make contact with the attorneys who attached the property and make them aware of the fact that the property is being sold.
- Determine what their requirements are.
(In some instances, there will be requirements to merely uplift the interdict, in other cases attorneys are required to also stop a sale in execution/auction)
Requirements include:
- Offer to purchase.
- Disbursement account (fewer cancellation costs, rates and taxes, levies if applicable, agents commission, provision for COC if necessary, etc.).
- Proof of the rates and taxes as well as levies if applicable.
- Guarantee (BOND GRANT IS NOT SUFFICIENT).
- Payment upfront of the costs to uplift the interdict as well as legal fees.
- Only once the above has been received and accepted by the bank, may the interdict be removed. This is done by way of notice of withdrawal which needs to be served on the deeds office by the Sheriff. It is essential that the deeds office stamps the Sheriffs copy as proof of receipt – if they don’t we have no proof that the same was received. Once the interdict attorneys have received the return of service, STAMPED BY THE DEEDS. OFFICE, we can send our correspondent to the interdict department to follow up. It usually 3 – 5 working days for the deeds office to update their records – NO INTERDICT UNDER ENDORSEMENTS.
Shortfall
- A shortfall means that the amount for which the property is being sold is not sufficient to cover the amount outstanding on the bond.
- In this case, like above, a disbursement account needs to be done – this shows, after all, deductions, how much we have left to give the bank towards the bond.
- The bank will then decide if they are willing to accept this amount and if so, they draw up an Acknowledgement of Debt to be signed by the Seller for the balance.
- The Bond Cancellation Attorneys WILL NOT lodge unless this Acknowledgement of Debt has been signed and received by the bank.
